

[Federal Register: June 30, 2006 (Volume 71, Number 126)]
[Notices]               
[Page 37556]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn06-53]                         

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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 Revised Restricted Service List for the Programmtic 
Agreements for Managing Properties Included in or Eligible for 
Inclusion in the National Register of Historic Places

June 23, 2006.
    On May 12, 2006, the Federal Energy Regulatory Commission 
(Commission) issued notice of a proposed restricted service list for 
the preparation of 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 and at 
the Bryson Hydroelectric Project No. 2601. Rule 2010(d)(1) of the 
Commission's Rules of Practice and Procedure, 18 CFR 2010(d)(1) (2005), 
provides for the establishment of such a list for a particular phase or 
issue in a proceeding to eliminate unnecessary expense or improve 
administrative efficiency. Under Rule 2010(d)(4), persons on the 
official service list are to be given notice of any proposal to 
establish a restricted service list and an opportunity to show why they 
should also be included on the restricted service list or why a 
restricted service list should not be established.
    On May 30, 2006, Jackson County, North Carolina; Macon County, 
North Carolina; the Town of Franklin, North Carolina; the Friends of 
Lake Glenville Association, Inc.; and the Dillsboro Inn and TJ Walker 
(jointly) filed a joint response to the notice, requesting that: (1) 
They be included in the development of the two programmatic agreements; 
(2) the Commission not establish a restricted service list; and (3) the 
Commission establish a protocol to protect cultural resource 
information during the development of the two programmatic agreements.
    Under Rule 2010(d)(2), any restricted service list will contain the 
names of each person on the official service list, or the person's 
representative, who, in the judgment of the decisional authority 
establishing the list, is an active participant with respect to the 
phase or issue in the proceeding for which the list is established. The 
joint filers have identified an interest in issues relating to the 
management of historic properties at the West Fork and Bryson Projects. 
Therefore, they and their representatives will be added to the 
restrictive service list.
    The joint filers assert that they have a direct interest in 
ensuring that the decision-making process is open for public review. 
Apart from this, they have not identified a reason why a restrictive 
service list should not be established. A restricted service list 
facilitates consultation under section 106 of the National Historic 
Preservation Act by ensuring that only those parties who are actively 
participating in this phase of the proceeding are included, thus 
improving administrative efficiency and eliminating unnecessary 
expense. However, the establishment of a restricted service list does 
not restrict public access to information concerning the consultation. 
All filings and correspondence leading to the development of two 
programmatic agreements, as well as the agreements themselves, will be 
placed in the appropriate dockets for these proceedings and, thus, will 
be publicly available. In addition, Commission regulations provide 
procedures for protecting sensitive cultural resource information, such 
as the location of historic properties, and parties to the restricted 
service list must follow these procedures. Therefore, there is no need 
to establish protocols for the protection of this information. See 18 
CFR 388.112.
    Accordingly, the restricted service list issued on May 12, 2006, 
for the West Fork Project No. 2686 and the Bryson Project No. 2601 is 
revised to add the following persons:

Thomas J. Walker, Dillsboro Inn, 146 North River Road, P.O. Box 270, 
Dillsboro, NC 28725.
Joe Collins, Mayor, Town of Franklin, 188 W Main St, Franklin, NC 
28734-2949.
Philip M. Marston, Marston Law, 218 N. Lee Street, Suite 300, 
Alexandria, VA 22314.
Carol Adams, President, Friends of Lake Glenville, P.O. Box 493, 
Glenville, NC 28736-0493.
Paul V. Nolan, 5515 17th Street North, Arlington, VA 22205-2722.
Kenneth L. Westmoreland, Manager, Jackson County Government, 401 
Grindstaff Cove Rd, Sylva, NC 28779-3250.
Sam Greenwood, Manager, Macon County, County Manager Office, 5 West 
Main Street, Franklin, NC 28734-3005.

Magalie R. Salas,
Secretary.
[FR Doc. E6-10302 Filed 6-29-06; 8:45 am]

BILLING CODE 6717-01-P
