

[Federal Register: June 30, 2006 (Volume 71, Number 126)]
[Notices]               
[Page 37567-37568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn06-68]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2698-033--North Carolina, East Fork Hydroelectric Project]

 
Duke Power Company LLC; Notice of Revised Restricted Service List 
for a Programmatic Agreement 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 a programmatic agreement for managing properties 
included in, or eligible for inclusion in, the National Register of 
Historic Places at the East Fork Hydroelectric Project No. 2698. 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 programmatic agreement; (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 programmatic agreement.
    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 East Fork Project. 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 the 
programmatic agreement, as well as the agreement itself, will be placed 
in the docket for this proceeding 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 East Fork Project No. 2698 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.

[[Page 37568]]

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. E6-10303 Filed 6-29-06; 8:45 am]

BILLING CODE 6717-01-P
