

[Federal Register: May 22, 2006 (Volume 71, Number 98)]
[Notices]               
[Page 29332-29333]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my06-49]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2686-032 and 2601-007--North Carolina]

 
Duke Power Company LLC; West Fork and Bryson Hydroelectric 
Projects; Notice of Proposed Restricted Service List for a Programmatic 
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 two programmatic agreements for managing properties 
included in, or eligible for inclusion in, the National Register of 
Historic Places at the West Fork Hydroelectric Project No. 2686-032 
(SHPO Reference Number ER03-2382) and at the Bryson Hydroelectric 
Project No. 2601-007 (SHPO Reference Number ER03-0340).
    The programmatic agreements, 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 each 
license until each license expires or is terminated (36 CFR 800.13[e]). 
The Commission's responsibilities pursuant to section 106 for the West 
Fork and Bryson Projects would be fulfilled through the execution of a 
programmatic agreement for each project, which the Commission proposes 
to draft in consultation with certain parties listed below. The 
executed programmatic agreement for each project would be incorporated 
into any Order issuing a license for the respective project.
    Duke Power Company LLC, as licensee for Project Nos. 2686 and 2601, 
and the Eastern Band of Cherokee Indians have expressed an interest in 
these proceedings and are invited to participate in consultations to 
develop the programmatic agreements.
    For purposes of commenting on the programmatic 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 names 
``West Fork Project'' and ``Bryson Project'' and numbers ``P-2686-032'' 
and ``P-2601-007'' 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

[[Page 29333]]

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. E6-7697 Filed 5-19-06; 8:45 am]

BILLING CODE 6717-01-P
