[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)] [Notices] [Page 16089] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-8985] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [Project Nos. 4376-001, 4437-000, 6984-000, 9787-000, 10100-000, 10269- 000, 10311-000, 10416-000] Order Granting Extension of Time April 5, 1996. In the matter of High Country Resources, Glacier Energy Company, The Cascade Group, Scott Paper Company and Washington Hydro Associates, Cascade River Hydro, Washington Hydro Development Corp., Skagit River Hydro, and Washington Hydro Development Corp. On February 12, 1996, counsel for Cascade River Hydro, Skagit River Hydro, and Washington Hydro Development Corp. filed a motion requesting a 60 day extension of time for filing reply comments to fish and wildlife agency recommendations and terms and conditions for projects proposed in the Skagit River Basin, Washington. Because the reply comment due date of March 29, 1996 has already passed, I am granting an extension of time. However, it will not be for the full 60 days requested. These movants also request that late-filed fish and wildlife agency letters containing recommendations and terms and conditions be considered under Section 10(a) of the Federal Power Act (FPA), pursuant to section 4.34 of the Commission's regulations.\1\ Further, they request that a new schedule for filing comments be established under Section 10(a) of the FPA. \1\ 18 CFR 4.34. --------------------------------------------------------------------------- In a letter dated October 20, 1995, participants were requested to file recommendations and terms and conditions pursuant to Sections 4(e), 10(a), and 10(j) of the FPA, and prescriptions pursuant to Section 18 of the FPA by December 4, 1995. Any reply comments were due January 3, 1996. The Washington Department of Fish and Wildlife filed timely recommendations and terms and conditions on December 4, 1995. The U.S. Fish and Wildlife Service (FWS) filed late terms and conditions and prescriptions on December 11, 1995. In a notice issued on January 29, 1996, the Commission, among other things, extended the time for filing reply comments until March 29, 1996. The movants contend that they cannot fully comment on the proffered recommendations, terms, and conditions unless they know whether the Commission will treat those untimely filed as recommendations pursuant to Federal Power Act Section 10(a) or Sections 10(j) and 18. I disagree. The movants need only provide comments on whether they accept or oppose the recommendations, terms and conditions, and state the reasons therefore. The Commission's ultimate decision concerning the status of these recommendations need not be decided in order for the movants to assess their merit. Therefore, there is no need to establish a new filing schedule pursuant to Section 10(a). Because the March 29 reply comment deadline has passed, I will allow the movants an additional 30 days to file those comments. The Director orders: (A) The deadline for filing reply comments to fish and wildlife agency recommendations, terms and conditions, and prescriptions is extended 30 days from the issuance date of this order, and the request for a new schedule for filing reply comments under section 10(a) of the FPA is denied. (B) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 CFR Section 385.713. Fred E. Springer, Director, Office of Hydropower Licensing. [FR Doc. 96-8985 Filed 4-10-96; 8:45 am] BILLING CODE 6717-01-M