Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 21402 [E9-10548]

Download as PDF 21402 Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Notices NEPA compliance, lease of power privilege development, design, construction, facility testing, and start of hydropower production. Prepare schedules of these activities as applicable. Describe what studies are necessary to accomplish the hydroelectric power development and how the studies would be implemented. I. Estimate development cost. This cost should include all investment costs such as the cost of studies to determine feasibility, NEPA compliance, design, construction, associated bonding and financing as well as the amortized annual cost of the investment; also, the annual operation, maintenance, and replacement expense for the hydropower development; lease payments to the United States; and expenses that may be associated with the C–BTP. If there are additional transmission or wheeling expenses associated with the development of the hydropower development, these should be included. Identify proposed methods of financing and hydropower development. An economic analysis should be presented that compares the present worth of all benefits and costs of the hydropower development. Selection of Lessee: Reclamation will evaluate proposals received in response to this published notice. Reclamation will give more favorable consideration to proposals that (1) are well-adapted to developing, conserving, and utilizing the water and natural resources, (2) clearly demonstrate that the offeror is qualified to develop the hydropower facility and provide for long-term operation and maintenance, and (3) develop the hydropower potential economically. A proposal will be deemed unacceptable if it is inconsistent with C–BTP purposes, as determined by Reclamation. Reclamation will give preference to those entities that qualify as preference entities (as defined under PROPOSAL CONTENT GUIDELINES, item A.) provided that their proposal is at least as well-adapted to developing, conserving, and utilizing the water and natural resources as other submitted proposals and that the preference entity is well qualified. Preference entities would be allowed 90 days to improve their proposals, if necessary, to be made at least equal to a proposal that may have been submitted by a nonpreference entity. Power Purchasing and/or Marketing Considerations: Western would have the first opportunity to purchase and/or market the power that would be generated by the project under a lease of power privilege. Western will consult with Reclamation on such power VerDate Nov<24>2008 17:03 May 06, 2009 Jkt 217001 purchasing and/or marketing considerations. In the event Western elects to not purchase and/or market the power generated by the hydropower development or such a decision cannot be made prior to execution of the lease of power privilege, the lessee would be responsible for marketing the power generated by the project with priority given to preference entities as heretofore defined in PROPOSAL CONTENT GUIDELINES, item A. Notice and Time Period to Enter Into Lease of Power Privilege: Reclamation will notify, in writing, all entities submitting proposals of Reclamation’s decision regarding selection of the potential lessee. The selected potential lessee will have five years from the date of such notification to enter into a lease of power privilege for the site or sites identified in the proposal. Such leases of power privilege will state whether and how Western will be involved in purchasing and/or marketing the power. Any excessive delay resulting from compliance with the provisions of Federal environment laws or administrative review by a Federal agency, pertaining to the project, may extend the five year time period for a period equal to that of the delay. In the event of litigation related to the proposed project, the five year time period will be extended for a period equal to that of the delay, provided such litigation was initiated by parties other than the selected potential lessee or its employees, officers, agents, assigns, shareholders, customers or persons or groups served by or in privity with the potential lessee. Dated: April 15, 2009. Michael J. Ryan, Regional Director [FR Doc. E9–10599 Filed 5–6–09; 8:45 am] BILLING CODE 4310–MN–P In this action the United States, State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe sought natural resource damages for releases of hazardous substances into Commencement Bay, Washington. Under the consent decree, defendants will undertake a habitat restoration project in the Hylebos Waterway of Commencement Bay and reimburse $1,550,000 in natural resource damage assessment costs. For thirty (30) days after the date of this publication, the Department of Justice will receive comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. In either case, the comments should refer to United States, et al. v. Occidental Chemical Corp., et al., No. 09–cv–5246, D.J. Ref. No. 90– 11–2–1049/13. During the comment period, the Consent Decree may be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $24.75 (25 cents per page reproduction cost) payable to the United States Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Section Chief Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E9–10548 Filed 5–6–09; 8:45 am] DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act BILLING CODE 4410–15–P Notice is hereby given that on April 28, 2009, a proposed consent decree in United States, et al., v. Occidental Chemical Corp., Pioneer Americas, LLC, Mariana Properties, Inc., Detrex Corp., Sound Refining, Inc. and SRI Acquisition Corp., No. 09–cv–5246, was lodged with the United States District Court for the Western District of Washington. Antitrust Division PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Notice Pursuant to the National Cooperative Research and Production Act of 1993—American Society of Mechanical Engineers Notice is hereby given that, on April 17, 2009, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 E:\FR\FM\07MYN1.SGM 07MYN1

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[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Notices]
[Page 21402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10548]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on April 28, 2009, a proposed consent 
decree in United States, et al., v. Occidental Chemical Corp., Pioneer 
Americas, LLC, Mariana Properties, Inc., Detrex Corp., Sound Refining, 
Inc. and SRI Acquisition Corp., No. 09-cv-5246, was lodged with the 
United States District Court for the Western District of Washington.
    In this action the United States, State of Washington, Puyallup 
Tribe of Indians and Muckleshoot Indian Tribe sought natural resource 
damages for releases of hazardous substances into Commencement Bay, 
Washington. Under the consent decree, defendants will undertake a 
habitat restoration project in the Hylebos Waterway of Commencement Bay 
and reimburse $1,550,000 in natural resource damage assessment costs.
    For thirty (30) days after the date of this publication, the 
Department of Justice will receive comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611. In either case, the 
comments should refer to United States, et al. v. Occidental Chemical 
Corp., et al., No. 09-cv-5246, D.J. Ref. No. 90-11-2-1049/13.
    During the comment period, the Consent Decree may be examined on 
the following Department of Justice Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree may also be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, or by faxing or e-
mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $24.75 (25 cents per page reproduction cost) 
payable to the United States Treasury or, if by e-mail or fax, forward 
a check in that amount to the Consent Decree Library at the stated 
address.

Maureen Katz,
Assistant Section Chief Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-10548 Filed 5-6-09; 8:45 am]
BILLING CODE 4410-15-P
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