

[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Notices]               
[Page 73221-73222]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de05-61]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 459-143; Docket No. EL05-73-003]

 
Duncan's Point Lot Owners Association, Inc.; Duncan's Point 
Homeowners Association, Inc. and Nancy A. Brunson, Juanita Brackens, 
Helen Davis, and Pearl Hankins, Individually v. Union Electric Company 
d/b/a AmerenUE; Notice Dismissing Complaint as Premature

December 1, 2005.
    On November 14, 2005, Duncan's Point Lot Owners Association, Inc., 
Duncan's Point Homeowners Association, Inc., Nancy A. Brunson, Juanita 
Brackens, Helen Davis, and Pearl Hankins (Complainants) filed what they 
termed a formal complaint against Union Electric Company, doing 
business as AmerenUE, licensee of the Osage Hydroelectric Project No. 
459. The project is located on the Lake of the Ozarks in Missouri. 
Complainants allege that the licensee has failed or refused to comply 
with the Commission staff's letter order of September 7, 2004, and the 
Commission's order of May 9, 2005 (111 FERC ] 61,190). In support, they 
raise issues concerning the Commission staff's site visit report of 
July 29, 2005, and the licensee's compliance filing of October 14, 
2005.
    On September 15, 2005, the Commission denied Complainants' request 
for rehearing of the Commission's May 9 order. See 112 FERC ] 61,289. 
Therefore, the issues resolved in that decision are final and may not 
be the subject of a new complaint. On September 1, 2005, Commission 
staff issued a letter order concerning some outstanding compliance 
issues concerning the project. On September 30, 2005, Complainants 
filed a request for rehearing of staff's September 1 letter order.
    The issues raised in Complainants filing of November 14, 2005, 
either relate to an ongoing compliance proceeding for which Commission 
staff

[[Page 73222]]

has not yet completed its determinations, or are the subject of 
Complainants' request for rehearing of staff's letter order of 
September 1, 2005.\1\ As such, they are not yet final and are not 
properly the subject of a formal complaint. Accordingly, the complaint 
is dismissed as premature. Complainants will have an opportunity to 
seek further relief after the pending staff and Commission actions have 
been completed.
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    \1\ To the extent that Complainants seek to raise issues 
regarding the conduct of the Commission or its staff, these matters 
are outside the scope of the Commission's complaint process. See 18 
CFR 385.206(a).

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7093 Filed 12-8-05; 8:45 am]

BILLING CODE 6717-01-P
