

[Federal Register: May 22, 2006 (Volume 71, Number 98)]
[Notices]               
[Page 29331-29332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my06-48]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2602-007--North Carolina]

 
Duke Power Company LLC; Dillsboro Hydroelectric Project; Notice 
of Proposed Restricted Service List for a Memorandum of Agreement for 
Managing Properties Included in or Eligible for Inclusion in the 
National Register of Historic Places

May 12, 2006.
    Rule 2010 of the Federal Energy Regulatory Commission's 
(Commission) Rules of Practice and Procedure provides that, to 
eliminate unnecessary expense or improve administrative efficiency, the 
Secretary may establish a restricted service list for a particular 
phase or issue in a proceeding.\1\ The restricted service list should 
contain the names of persons on the service list who, in the judgment 
of the decisional authority establishing the list, are active 
participants with respect to the phase or issue in the proceeding for 
which the list is established.
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    \1\ 18 CFR 385.2010.
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    The Commission staff is consulting with the North Carolina State 
Historic Preservation Officer (hereinafter, SHPO) and the Advisory 
Council on Historic Preservation (hereinafter, Council) pursuant to the 
Council's regulations, 36 CFR part 800, implementing section 106 of the 
National Historic Preservation Act, as amended, (16 U.S.C. 470 f), to 
prepare and execute a memorandum of agreement for managing properties 
included in, or eligible for inclusion in, the National Register of 
Historic Places at the Dillsboro Hydroelectric Project No. 2602-007 
(SHPO Reference Number ER03-0341).
    The memorandum of agreement, when executed by the Commission and 
the SHPO would satisfy the Commission's section 106 responsibilities 
for all individual undertakings carried out in accordance with the 
surrender of a license. The Commission's responsibilities pursuant to 
section 106 for the Dillsboro Project

[[Page 29332]]

would be fulfilled through the execution of a memorandum of agreement 
for the project (36 CFR 800.6[c]), which the Commission proposes to 
draft in consultation with certain parties listed below. The executed 
memorandum of agreement for the project would be incorporated into any 
Order approving the surrender of a license for the project. The 
memorandum of agreement would be effective until the conditions of the 
surrender are completed. Once the conditions of the surrender are 
complete, the stipulations of the memorandum of agreement would no 
longer be enforced.
    Duke Power Company LLC, as licensee for Project No. 2602, and the 
Eastern Band of Cherokee Indians have expressed an interest in these 
proceedings and are invited to participate in consultations to develop 
the memorandum of agreement.
    For purposes of commenting on the memorandum of agreement, we 
propose to restrict the service list for the aforementioned project as 
follows:
    Don Klima or Representative, Advisory Council on Historic 
Preservation, The Old Post Office Building, Suite 803, 1100 
Pennsylvania Avenue, NW., Washington, DC 20004.
    Jennifer Huff or Representative, Duke Power, P.O. Box 1006, Mail 
Code EC12Y, Charlotte, NC 28201-1006.
    Renee Gledhill-Earley, North Carolina Department of Cultural 
Resources, 4617 Mail Service Center, Raleigh, NC 27699-4617.
    Eastern Band of Cherokee Indians, Attention: Tyler Howe, Qualla 
Boundary, P.O. Box 455, Cherokee, NC 28719.
    Any person on the official service list for the above-captioned 
proceeding may request inclusion on the restricted service list, or may 
request that a restricted service list not be established, by filing a 
motion to that effect within 15 days of this notice date. In a request 
for inclusion, please identify the reason(s) why there is an interest 
to be included. Also please identify any concerns about historic 
properties, including Traditional Cultural Properties. If historic 
properties are to be identified within the motion, please use a 
separate page, and label it NON-PUBLIC Information.
    An original and 8 copies of any such motion must be filed with 
Magalie Salas, the Secretary of the Commission (888 First Street, NE., 
Washington, DC 20426) and must be served on each person whose name 
appears on the official service list. Please put the project name 
``Dillsboro Project'' and number ``P-2602-007'' on the front cover of 
any motion. If no such motions are filed, the restricted service list 
will be effective at the end of the 15 day period. Otherwise, a further 
notice will be issued ruling on any motion or motions filed within the 
15 day period.

Magalie Salas,
Secretary.
 [FR Doc. E6-7696 Filed 5-19-06; 8:45 am]

BILLING CODE 6717-01-P
