Review and Approval of Projects, 36301-36306 [2010-15282]

Agencies

• Susquehanna River Basin Commission

[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Proposed Rules]
[Pages 36301-36306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15282]


=======================================================================
-----------------------------------------------------------------------

SUSQUEHANNA RIVER BASIN COMMISSION

18 CFR Parts 806 and 808


Review and Approval of Projects

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice of proposed rulemaking and public hearing.

-----------------------------------------------------------------------

SUMMARY: This document contains proposed rules that would amend the 
project review regulations of the Susquehanna River Basin Commission 
(Commission) to: Include subsidiary allocations for public water supply 
systems under the scope of withdrawals requiring review and approval; 
improve notice procedures for all project applications; clarify 
requirements for grandfathered projects increasing their withdrawals 
from an existing source or initiating a new withdrawal; refine the 
provisions governing transfer and re-issuance of approvals; clarify the 
Executive Director's authority to grant, deny, suspend, rescind, modify 
or condition an Approval by Rule; include decisional criteria for 
diversions into the basin; amend administrative appeal procedures to 
broaden available

[[Page 36302]]

remedies and streamline the appeal process; and make other minor 
regulatory clarifications to the text of the regulations.

DATES: Comments on these proposed rules may be submitted to the 
Commission on or before August 10, 2010. The Commission has scheduled 
two public hearings on the proposed rules, to be held July 27, 2010, in 
Binghamton, New York, and July 29, 2010, in Harrisburg, Pennsylvania. 
The locations of the public hearings are listed in the addresses 
section of this notice.

ADDRESSES: Comments may be mailed to: Mr. Richard A. Cairo, Susquehanna 
River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102-
2391, or by e-mail to rcairo@srbc.net.
    The public hearings will be held on Tuesday, July 27, 2010, at 7 
p.m., at the Holiday Inn Arena, 2-8 Hawley Street, Binghamton, New York 
13901, and Thursday, July 29, 2010, at 10 a.m., at the Rachel Carson 
State Office Building, 400 Market Street, Harrisburg, PA 17101. Those 
wishing to testify are asked to notify the Commission in advance, if 
possible, at the regular or electronic addresses given below.

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, 
telephone: 717-238-0423, ext. 306; fax: 717-238-2436; e-mail: 
rcairo@srbc.net. Also, for further information on the proposed 
rulemaking, visit the Commission's Web site at https://www.srbc.net.

SUPPLEMENTARY INFORMATION: 

Background and Purpose of Amendments

    When 18 CFR 806.4 was originally published as final at 71 FR 78570, 
December 29, 2006, updating and expanding the range of projects subject 
to Commission review and approval, a pre-existing regulatory provision 
was omitted inadvertently and this proposed rulemaking attempts to 
correct that omission. Specifically, 18 CFR Sec.  806.4(a)(2) would be 
modified to indicate that the taking or removal of water by a public 
water supplier indirectly through another public water supply system or 
another water facility (aka, a subsidiary allocation) constitutes a 
withdrawal that is subject to review and approval.
    An amendment to 18 CFR 806.4(a)(2)(iv) will clarify that sponsors 
of grandfathered surface or groundwater withdrawal projects are 
required to submit applications for review and approval whenever the 
project will increase its withdrawal from an existing source, or 
initiate a withdrawal from a new source, or combination of sources. 
This clarification memorialized existing Commission policy under the 
current rule.
    An amendment to 18 CFR 806.4(c) will provide that sponsors of 
certain classes of projects undergoing a change of ownership, and thus 
triggering review and approval, would have 90 days from the date of 
ownership transfer to submit applications under the rule. The current 
rule requires submission of the application on or before the date of 
ownership change. This amendment is consistent with those recommended 
for transfers of approval under 18 CFR 806.6, as discussed below.
    The proposed amendments to 18 CFR 806.6 are intended to clarify 
that certain approvals may be transferred or conditionally transferred 
administratively, rather than requiring full Commission action on such 
transfer requests. The existing phraseology authorizing transfers or 
conditional transfers of approval ``without prior Commission review and 
approval'' was misleading in that respect and is proposed to be 
deleted, along with other editorial changes intended to add more 
clarification to this section.
    The existing rule also requires certain categories of approvals to 
initiate the transfer of approval process with the Commission on or 
before the date of ownership transfer, and yet other categories of 
approvals are allowed to initiate transfer applications within 90 days 
of the date of ownership transfer. The proposed language would 
uniformly require all applications to be submitted within 90 days of 
the date of ownership transfer.
    Another substantive change would break out situations where project 
sponsors with existing approvals undergo a name change and seek to have 
the approval changed to reflect the new name. Rather than being 
categorized as a transfer of approval, which is triggered by a change 
in ownership, a new subsection is added to more appropriately provide 
for ``re-issuance'' of such approvals to reflect the name change of the 
existing project sponsor.
    An amendment is proposed to 18 CFR 806.7 to clarify that existing 
language recognizing that agencies of the member jurisdictions exercise 
``review authority'' over projects also regulated by the Commission is 
intended to mean and should be stated as ``review and approval 
authority.''
    18 CFR 806.15 currently sets notification requirements for project 
sponsors applying for approvals issued by the Commission under its 
standard docketing procedures, and for Approval by Rule (ABR) natural 
gas pad site approvals issued under 18 CFR 806.22(f). However, ABRs 
issued under 18 CFR 806.22(e) are subject to certain notification 
standards in that section which are inconsistent with the general 
notification requirements contained in 18 CFR 806.15. Furthermore, 
there are also requirements contained in 18 CFR 806.22(f) that are 
redundant with those contained in 18 CFR 806.15 and are therefore 
unnecessary.
    The proposed amendments to this section (and complementary ones 
proposed for 18 CFR 806.22(e) and (f)) are intended to result in all 
notification requirements for all project approvals being consolidated 
into this section, including all those having general applicability and 
those that might be specific to certain classes of project 
applications. With regard to specific requirements for certain classes, 
the proposed rulemaking would establish the following revised 
notification standards:
    [dec221] For groundwater withdrawal applications, rather than just 
notifying landowners that are contiguous to the project site, notice 
would have to be given to all owners currently listed on the tax 
assessment rolls that are within one-half mile of the proposed 
withdrawal location.
    [dec221] For surface water withdrawal applications, rather than 
just notifying landowners that are contiguous to the project site, 
notice would have to be given to all owners currently listed on the tax 
assessment rolls that are within one-half mile of the proposed 
withdrawal location and whose property borders the stream, river, lake 
or water body from which the withdrawal is proposed to be taken.
    [dec221] For consumptive use applications involving a withdrawal, 
the applicable groundwater or surface water withdrawal requirements 
noted above would apply. For consumptive use applications that do not 
involve a withdrawal (such as those supplied by a public water 
supplier), newspaper notice in the area of the project would be 
required.
    [dec221] For out-of-basin diversion applications, there would be 
additional newspaper notice required in the area outside the basin 
where the proposed use of the diverted water would occur.
     For into-basin diversion applications, there would be 
additional newspaper notice required in the area outside the basin 
where the withdrawal of water proposed for diversion is located.
     For applications to use public water supply a source for 
water in natural gas development operations, newspaper

[[Page 36303]]

notice in the area served by the public water supply system would be 
required.
     For applications to use wastewater discharge as a source 
for water in natural gas development operations, newspaper notice would 
be required in all areas where such discharge water would be used for 
such development purposes.
    In addition to the foregoing, the proposed amendments establish 
uniform proof of notification standards and would require project 
sponsors to maintain all proofs of notice for the duration of the 
approvals related to such notices.
    The Approval by Rule (ABR) provisions contained in 18 CFR 806.22 
would be modified to clarify that the Executive Director has the 
authority not only to grant or deny such ABRs, but to ``suspend, 
rescind, modify or condition'' such approvals as well. Such authority 
was implied in the existing language and the existing policy of the 
Commission supports that interpretation. The proposed amendment is 
intended to provide that clarification. A second amendment would 
require all project sponsors seeking an ABR to satisfy the applicable 
notice requirements proposed for 18 CFR 806.15, and noted above.
    With regard to ABRs issued under 18 CFR 806.22(f) for natural gas 
development projects, language is proposed for subsection (f)(12)(i) to 
clarify that project sponsors registering approved water withdrawals 
must record daily and report quarterly the quantity of water obtained 
from all registered sources. Additionally, subsection (f)(12)(ii) would 
be modified to delete ``other reclaimed waters'' as potential sources, 
thus limiting the class of approvable sources under this provision to 
public water supply systems and wastewater discharges.
    The proposed amendments to 18 CFR 806.24 would add certain 
decisional criteria for consideration by the Commission while acting on 
applications for into-basin diversions, similar to what now is provided 
for consideration in acting on out-of-basin diversion applications. 
Specifically, the proffered language would add criteria related to the 
potential introduction of invasive or exotic species that may be 
injurious to the water resources of the basin, and the extent to which 
the proposed diversion would satisfy all other applicable standards 
contained in subpart C of Part 806.
    18 CFR 806.35 currently indicates that project sponsors have an 
affirmative duty to pay fees established by the Commission. The 
proposed amendatory language would expand this to indicate that the 
purpose of such fees is to cover the Commission's costs of 
administering its regulatory program and any extraordinary costs 
associated with specific projects.
    18 CFR 808.2 currently establishes a procedure for the filing of 
administrative appeals to actions or decisions rendered by the 
Commission or the Executive Director. The broad terms of the current 
regulation have resulted in some abuse of the appeal process, including 
attempts to file appeals of determinations on requests for 
administrative appeals, appeals of stay request determinations and 
other extraneous or repetitive pleadings that frustrate the original 
purpose of providing the appropriate administrative review envisioned 
when this rule became effective in 2007. In short, this abuse has been 
enabled by the fact that there is no limitation on the type of 
Commission actions that are eligible for appeal under this section, 
leaving any action of the Commission subject to this process.
    Additionally, the current regulation does not contain provisions 
for handling appeals from administrative level ``Access to Records'' 
determinations. The new Access to Records Policy adopted by the 
Commission in 2009 (Policy No. 2009-02) provides for appeal of such 
decisions to the Commission. Finally, the current regulation does not 
specify the authority of an appointed hearing officer to admit or bar 
intervener parties based on the principle of standing.
    The proposed revisions to 18 CFR 808.2 generally limit appeals to a 
single filing, and only to project determinations or records 
determinations. Executive Director determinations on requests for stay 
would not be appealable to the Commission and would stand until the 
time of the Commission proceeding on the appeal (unless overturned by a 
court of competent jurisdiction). Lastly, the appointed hearing officer 
is given authority to admit or bar intervener parties based on the 
legal principle of standing.

List of Subjects in 18 CFR Parts 806 and 808

    Administrative practice and procedure, Water resources.

    Accordingly, for the reasons set forth in the preamble, the 
Susquehanna River Basin Commission proposes to amend 18 CFR Parts 806 
and 808 as follows:

PART 806--REVIEW AND APPROVAL OF PROJECTS

Subpart C--Standards for Review and Approval

    1. The authority citation for Part 806 continues to read as 
follows:

    Authority: Secs. 3.4, 3.5(5), 3.8, 3.10 and 15.2, Pub. L. 91-
575, 84 Stat. 1509 et seq.

    2. In Sec.  806.4, revise paragraphs (a)(2) introductory text, 
(a)(2)(iv), and (c) to read as follows:


Sec.  806.4  Projects requiring review and approval.

    (a) * * *
    (2) Withdrawals. Any project described below shall require an 
application to be submitted in accordance with Sec.  806.13, and shall 
be subject to the standards set forth in Sec.  806.23. Hydroelectric 
projects, except to the extent that such projects involve a withdrawal, 
shall be exempt from the requirements of this section regarding 
withdrawals; provided, however, that nothing in this paragraph shall be 
construed as exempting hydroelectric projects from review and approval 
under any other category of project requiring review and approval as 
set forth in this section, Sec.  806.5, or 18 CFR part 801. The taking 
or removal of water by a public water supplier indirectly through 
another public water supply system or another water user's facilities 
shall constitute a withdrawal hereunder.
* * * * *
    (iv) With respect to groundwater projects in existence prior to 
July 13, 1978, and surface water projects in existence prior to 
November 11, 1995, any project that will increase its withdrawal from 
any source, or initiate a withdrawal from a new source, or combination 
of sources, by a consecutive 30-day average of 100,000 gpd or more, 
above that maximum consecutive 30-day amount which the project was 
withdrawing prior to the said applicable date.
* * * * *
    (c) Any project that did not require Commission approval prior to 
January 1, 2007, and not otherwise exempt from the requirements of 
paragraph (a)(1)(iv), (a)(2)(v) or (a)(3)(iv) pursuant to paragraph (b) 
of this section, may be undertaken by a new project sponsor upon a 
change of ownership pending action by the Commission on an application 
submitted by such project sponsor requesting review and approval of the 
project, provided such application is submitted to the Commission in 
accordance with this part within 90 days of the date change

[[Page 36304]]

of ownership occurs and the project features related to the source, 
withdrawal, diversion or consumptive use of water, or the nature or 
quantity of water withdrawal, diversion or consumptive use associated 
with the project do not change pending review of the application. For 
purposes of this paragraph, changes in the quantity of water 
withdrawal, diversion or consumptive use shall only relate to increases 
in quantity in excess of the quantity withdrawn, diverted or 
consumptively used prior to the change of ownership.
    3. In Sec.  806.6, revise the section heading, paragraphs (a), (b) 
introductory text, (b)(1), (c) introductory text and (d) introductory 
text, and add paragraph (e) to read as follows:


Sec.  806.6  Transfer and re-issuance of approvals.

    (a) An existing Commission project approval may be transferred or 
conditionally transferred to a new project sponsor upon a change of 
ownership of the project, subject to the provisions of paragraphs (b), 
(c) and (d) of this section, and the new project sponsor may only 
operate the project in accordance with and subject to the terms and 
conditions of the existing approval pending approval of the transfer, 
provided the new project sponsor notifies the Commission within 90 days 
from the date of the change of ownership, which notice shall be on a 
form and in a manner prescribed by the Commission and under which the 
new project sponsor certifies its intention to comply with all terms 
and conditions of the transferred approval and assume all other 
associated obligations.
    (b) An existing Commission project approval for any of the 
following categories of projects may be conditionally transferred, 
subject to administrative approval by the Executive Director, upon a 
change of ownership and the new project sponsor may only operate such 
project in accordance with and subject to the terms and conditions of 
the transferred approval:
    (1) A project undergoing a change of ownership as a result of a 
corporate reorganization where the project property is transferred to a 
corporation by one or more corporations solely in exchange for stock or 
securities of the transferee corporation, provided that immediately 
after the exchange the transferor corporation(s) own 80 percent of the 
voting stock and 80 percent of all other stock of the transferee 
corporation.
* * * * *
    (c) An existing Commission approval of a project that satisfies the 
following conditions may be conditionally transferred and the project 
sponsor may only operate such project in accordance with and subject to 
the terms and conditions of the conditionally transferred approval, 
pending action by the Commission on the application submitted in 
accordance with paragraph (c)(3) of this section:
* * * * *
    (d) An existing Commission project approval for any project not 
satisfying the requirements of paragraphs (b) or (c) of this section 
may be conditionally transferred and the project sponsor may only 
operate such project in accordance with and subject to the terms and 
conditions of the conditionally transferred approval, pending action by 
the Commission on an application the project sponsor shall submit to 
the Commission, provided that:
* * * * *
    (e) An existing Commission project approval may be re-issued by the 
Executive Director at the request of a project sponsor undergoing a 
change of name, provided such change does not affect ownership or 
control of the project or project sponsor. The project sponsor may only 
continue to operate the project under the terms and conditions of the 
existing approval pending approval of its request for re-issuance, 
provided it submits its request to the Commission within 90 days from 
the date of the change, which notice shall be on a form and in a manner 
prescribed by the Commission, accompanied by the appropriate fee 
established therefore by the Commission.
    4. In Sec.  806.7, revise paragraph (a) to read as follows:


Sec.  806.7  Concurrent project review by member jurisdictions.

    (a) The Commission recognizes that agencies of the member 
jurisdictions will exercise their review and approval authority and 
evaluate many proposed projects in the basin. The Commission will adopt 
procedures to assure compatibility between jurisdictional review and 
Commission review.
* * * * *
    5. Revise Sec.  806.15 to read as follows:


Sec.  806.15  Notice of application.

    (a) The project sponsor shall, no later than 10 days after 
submission of an application to the Commission, notify the appropriate 
agency of the member State, each municipality in which the project is 
located, and the county planning agency of each county in which the 
project is located, that an application has been submitted to the 
Commission. The project sponsor shall also publish at least once in a 
newspaper of general circulation serving the area in which the project 
is located, a notice of the submission of the application no later than 
10 days after the date of submission. The project sponsor shall also 
meet any of the notice requirements set forth in paragraphs (b) through 
(e) of this section, if applicable. All notices required under this 
section shall contain a description of the project, its purpose, the 
requested quantity of water to be withdrawn obtained from for sources 
other than withdrawals or consumptively used, and the address, 
electronic mail address, and phone number of the project sponsor and 
the Commission.
    (b) For withdrawal applications submitted pursuant to Sec.  
806.4(a)(2), the project sponsor shall also provide the notice required 
under paragraph (a) of this section no later than 10 days after the 
date of its submission to each property owner listed on the tax 
assessment rolls of the county in which such property is located and 
indentified as follows:
    (1) For groundwater withdrawal applications, the owner of any 
property that is located within one-half mile of the proposed 
withdrawal location.
    (2) For surface water withdrawal applications, the owner of any 
property that is riparian or littoral to the body of water from which 
the proposed withdrawal will be taken and is within one-half mile of 
the proposed withdrawal location.
    (c) For projects involving a diversion of water out of the basin, 
the project sponsor shall also publish a notice of the submission of 
its application, within 10 days thereof, at least once in a newspaper 
of general circulation serving the area outside the basin where the 
project proposing to use the diverted water is located. For projects 
involving a diversion of water into the basin, the project sponsor 
shall also publish a notice of the submission of its application, 
within 10 days thereof, at least once in a newspaper of general 
circulation serving the area outside the basin where the withdrawal of 
water proposed for diversion is located.
    (d) For applications submitted under Sec.  806.22(f)(12)(ii) to use 
a public water supply source, the newspaper notice requirement 
contained in paragraph (a) of this section shall be satisfied by 
publication in a newspaper of general circulation in the area served by 
the public water supply.
    (e) For applications submitted under Sec.  806.22(f)(12)(ii) to use 
a wastewater discharge source, the newspaper notice requirement 
contained in paragraph (a) of this section shall be satisfied by

[[Page 36305]]

publication in a newspaper of general circulation in each area within 
which the water obtained from such source will be used for natural gas 
development.
    (f) The project sponsor shall provide the Commission with a copy of 
the United States Postal Service return receipt for the notifications 
to agencies of member States, municipalities and county planning 
agencies required under paragraph (a) of this section. The project 
sponsor shall also provide certification on a form provided by the 
Commission that it has published the newspaper notice(s) required by 
this section and made the landowner notifications as required under 
paragraph (b) of this section, if applicable. Until these items are 
provided to the Commission, processing of the application will not 
proceed. The project sponsor shall maintain all proofs of notice 
required hereunder for the duration of the approval related to such 
notices.
    6. In Sec.  806.22, revise paragraphs (e)(1)(i) introductory text, 
(e)(1)(i) (e)(1)(ii), (e)(6), (f)(3), (f)(9), and (f)(12)(i) and 
(f)(12)(ii) to read as follows:


Sec.  806.22  Standards for consumptive uses of water.

* * * * *
    (e) * * *
    (1) Except with respect to projects involving natural gas well 
development subject to the provisions of paragraph (f) of this section, 
any project whose sole source of water for consumptive use is a public 
water supply system, may be approved by the Executive Director under 
this paragraph (e) in accordance with the following, unless the 
Executive Director determines that the project cannot be adequately 
regulated under this approval by rule:
    (i) Notification of Intent: No fewer than 90 days prior to the 
construction or implementation of a project or increase above a 
previously approved quantity of consumptive use, the project sponsor 
shall submit a Notice of Intent (NOI) on forms prescribed by the 
Commission, and the applicable application fee, along with any required 
attachments.
    (ii) Within 10 days after submittal of an NOI under paragraph 
(e)(1)(i) of this section, the project sponsor shall satisfy the notice 
requirements set forth in Sec.  806.15.
* * * * *
    (6) The Executive Director may grant, deny, suspend, rescind, 
modify or condition an approval to operate under this approval by rule 
and will notify the project sponsor of such determination, including 
the quantity of consumptive use approved.
* * * * *
    (f) * * *
    (3) Within 10 days after submittal of an NOI under paragraph (f)(2) 
of this section, the project sponsor shall satisfy the notice 
requirements set forth in Sec.  806.15.
* * * * *
    (9) The Executive Director may grant, deny, suspend, rescind, 
modify or condition an approval to operate under this approval by rule 
and will notify the project sponsor of such determination, including 
the sources and quantity of consumptive use approved. The issuance of 
any approval hereunder shall not be construed to waive or exempt the 
project sponsor from obtaining Commission approval for any water 
withdrawals or diversions subject to review pursuant to Sec.  806.4 
(a).
* * * * *
    (12) The following additional sources of water may be utilized by a 
project sponsor in conjunction with an approval by rule issued pursuant 
to paragraph (f)(9) of this section:
    (i) Water withdrawals or diversions approved by the Commission 
pursuant to Sec.  806.4 (a) and issued to persons other than the 
project sponsor, provided any such source is approved for use in 
natural gas well development, the project sponsor has an agreement for 
its use, and at least 10 days prior to use, the project sponsor 
registers such source with the Commission on a form and in a manner as 
prescribed by the Commission, and provides a copy of same to the 
appropriate agency of the member State. Any approval issued hereunder 
shall be further subject to any approval or authorization required by 
the member State to utilize such source(s). The project sponsor shall 
record on a daily basis, and report quarterly on a form and in a manner 
prescribed by the Commission, the quantity of water obtained from any 
source registered hereunder.
    (ii) Sources of water other than those subject to paragraph 
(f)(12)(i) of this section, including public water supply or wastewater 
discharge, provided such sources are first approved by the Executive 
Director pursuant to this section. Any request to utilize such 
source(s) shall be submitted on a form and in a manner as prescribed by 
the Commission, shall satisfy the notice requirements set forth in 
Sec.  806.15, and shall be subject to review pursuant to the standards 
set forth in subpart C of this part. Any approval issued hereunder 
shall be further subject to any approval or authorization required by 
the member State to utilize such source(s).
    7. In Sec.  806.24, add paragraph (c)(2), to read as follows:


Sec.  806.24  Standards for diversions.

* * * * *
    (c) * * *
    (2) In deciding whether to approve a proposed diversion into the 
basin, the Commission shall also consider and the project sponsor shall 
provide information related to the following factors:
    (i) Any adverse effects and cumulative adverse effects the project 
may have on the Susquehanna River Basin, or any portion thereof, as a 
result of the introduction or potential introduction of invasive or 
exotic species that may be injurious to the water resources of the 
basin.
    (ii) The extent to which the proposed diversion satisfies all other 
applicable standards set forth in subpart C of this part.
    8. Revise Sec.  806.35 to read as follows:


Sec.  806.35  Fees.

    Project sponsors shall have an affirmative duty to pay such fees as 
established by the Commission to cover its costs of administering the 
regulatory program established by this part, including any 
extraordinary costs associated with specific projects.

PART 808--HEARINGS AND ENFORCEMENT ACTIONS

Subpart A--Conduct of Hearings

    10. The authority citation for Part 808 continues to read as 
follows:

    Authority: Secs. 3.4, 3.5(5), 3.8, 3.10 and 15.2, Pub. L. 91-
575, 84 Stat. 1509 et seq.

    11. In Sec.  808.2, revise paragraphs (a), (b), (c), (d), (e), (f), 
(g), and (h) to read as follows:


Sec.  808.2  Administrative appeals.

    (a) A project sponsor or other person aggrieved by a final action 
or decision of the Commission or Executive Director on a project 
application or a records access determination made pursuant to 
Commission policy may file a written appeal requesting a hearing. 
Except with respect to project approvals or denials, such appeal shall 
be filed with the Commission within 30 days of the action or decision. 
In the case of a project approval or denial, such appeal shall be filed 
by a project sponsor within 30 days of receipt of actual notice, and by 
all others within 30 days of publication of notice of the action taken 
on the project in the Federal Register. In the case of records access

[[Page 36306]]

determinations, such appeal shall be filed with the Commission within 
30 days of receipt of actual notice of the determination.
    (b) The appeal shall identify the specific action or decision for 
which a hearing is requested, the date of the action or decision, the 
interest of the person requesting the hearing in the subject matter of 
the appeal, and a statement setting forth the basis for objecting to or 
seeking review of the action or decision. Appeals omitting any of these 
elements will be considered incomplete and not considered by the 
Commission.
    (c) Any request not filed on or before the applicable deadline 
established in paragraph (a) of this section hereof will be deemed 
untimely and such request for a hearing shall be considered denied 
unless the Commission otherwise authorizes it nunc pro tunc. Receipt of 
requests for hearings, pursuant to this section, whether timely filed 
or not, shall be submitted by the Executive Director to the 
commissioners for their information.
    (d) Petitioners shall be limited to a single filing that shall set 
forth all matters and arguments in support thereof, including any 
ancillary motions or requests for relief. Issues not raised in this 
single filing shall be considered waived and filings may only be 
amended or supplemented upon leave of the Executive Director. Where the 
petitioner is appealing a final determination on a project application 
and is not the project sponsor, the petitioner shall serve a copy of 
the appeal upon the project sponsor within five days of its filing.
    (e) If granted, hearings shall be held not less than 20 days after 
notice appears in the Federal Register. Hearings may be conducted by 
one or more members of the Commission, by the Executive Director, or by 
such other hearing officer as the Commission may designate.
    (1) The petitioner may also request a stay of the action or 
decision giving rise to the appeal pending final disposition of the 
appeal, which stay may be granted or denied by the Executive Director 
after consultation with the Commission chair and the member from the 
affected member State. The decision of the Executive Director on the 
request for stay shall not be appealable to the Commission under this 
section and shall remain in full force and effect until the Commission 
acts on the appeal.
    (2) In addition to the contents of the request itself, the 
Executive Director, in granting or denying the request for stay, will 
consider the following factors:
    (i) Irreparable harm to the petitioner.
    (ii) The likelihood that the petitioner will prevail.
    (f) The Commission shall grant the hearing request pursuant to this 
section if it determines that an adequate record with regard to the 
action or decision is not available, the case involves a determination 
by the Executive Director or staff which requires further action by the 
Commission, or that the Commission has found that an administrative 
review is necessary or desirable. If the Commission denies any request 
for a hearing, the party seeking such hearing shall be limited to such 
remedies as may be provided by the compact or other applicable law or 
court rule.
    (g) If a hearing is granted, the Commission shall refer the matter 
for hearing to be held in accordance with Sec.  808.3, and appoint a 
hearing officer.
    (h) Intervention. (1) A request for intervention may be filed with 
the Commission by persons other than the petitioner within 20 days of 
the publication of a notice of the granting of such hearing in the 
Federal Register. The request for intervention shall state the interest 
of the person filing such notice, and the specific grounds of objection 
to the action or decision or other grounds for appearance. The hearing 
officer(s) shall determine whether the person requesting intervention 
has standing in the matter that would justify their admission as an 
intervener to the proceedings in accordance with Federal case law.
    (2) Interveners shall have the right to be represented by counsel, 
to present evidence and to examine and cross-examine witnesses.
* * * * *

    Dated: June 15, 2010.
Thomas W. Beauduy,
Deputy Director.
[FR Doc. 2010-15282 Filed 6-24-10; 8:45 am]
BILLING CODE 7040-01-P