[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Notices]
[Pages 9907-9908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03151]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 13531-000]


 Hydrodynamics, Inc.; Notice Denying Late Intervention

    On June 24, 2010, Commission staff issued a three-year preliminary 
permit to Hydrodynamics, Inc. (Hydrodynamics) to study the feasibility 
of its proposed East Rosebud Hydroelectric Project No. 13531-000, to be 
located on East Rosebud Creek in Carbon County, Montana.\1\ On January 
17, 2013, Friends of East Rosebud, Inc. (Friends of East Rosebud) filed 
a late motion to intervene in the proceeding.
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    \1\ Hydrodynamics, Inc., 131 FERC ] 62,260 (2010). The permit 
was issued for a term of 36 months. The permit will therefore expire 
on May 31, 2013, or on the date Hydrodynamics files an acceptable 
development application, whichever occurs first.
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    Hydrodynamics' permit was issued and became administratively final 
two years and seven months ago, before

[[Page 9908]]

Friends of East Rosebud submitted its motion to intervene.\2\ 
Hydrodynamics has not submitted a development application for its 
proposed project. Therefore, there is no open proceeding in which to 
intervene, and Friends of East Rosebud's motion to intervene must be 
dismissed.\3\
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    \2\ A Commission order granting a preliminary permit is final on 
the date it is issued unless a party to the proceeding petitions for 
rehearing within 30 days of issuance. Since no one filed a timely 
rehearing petition, Hydrodynamic's preliminary permit proceeding was 
closed and the preliminary permit became final and unreviewable.
    \3\ Should Hydrodynamics file a development application for its 
proposed project, notice of the application will be published, and 
interested entities, including the Friends of East Rosebud will have 
the opportunity to intervene and present its views concerning the 
project. To the extent that the Friends of East Rosebud seeks to be 
kept informed of any new activity in the docket, it may register and 
eSubscribe to the docket at https://ferconline.ferc.gov/eSubscription.aspx.
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    This notice constitutes final agency action. Requests for rehearing 
by the Commission of this dismissal must be filed within 30 days of the 
date of issuance of this notice pursuant to section 313(a) of the 
Federal Power Act and section 385.713 of the Commission's regulations, 
18 CFR 385.713 (2012).

    Dated: February 6, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-03151 Filed 2-11-13; 8:45 am]
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