

[Federal Register: June 1, 2007 (Volume 72, Number 105)]
[Notices]               
[Page 30576]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn07-66]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 459-173]

 
Union Electric Company dba AmerenUE; Notice Rejecting Filing

May 25, 2007.
    On April 20, 2007, the Commission issued an order granting an 
application filed by AmerenUE, licensee for the Osage Hydroelectric 
Project No. 459, for non-project use of project lands.\1\ On May 21, 
2007, Duncan's Point Lot Owners Association, Inc.; Duncan's Point 
Homeowners Association, Inc.; and Nancy A. Brunson and Pearl Hankins, 
individually (Duncan's Point Owners) requested rehearing of the 
Commission's decision.
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    \1\ 119 FERC ] 61,073 (2007).
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    The two page request for rehearing states without explanation that 
the Commission's order has not met the most minimal requirements of 
procedural due process.\2\
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    \2\ Duncan's Point Owners request a 30-day extension to address 
the issues. Because the 30-day rehearing deadline is statutorily-
based, we cannot grant the requested extension.
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    Section 313(a) of the Federal Power Act, 16 U.S.C. 825l (2000), 
requires an aggrieved party \3\ to file its request for rehearing 
within 30 days after the issuance of the Commission order and to set 
forth specifically the ground or grounds upon which such request is 
based. Duncan's Point Owners' rehearing request raises no specific 
allegations of error with respect to the Commission's order. Therefore, 
it must be rejected.\4\
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    \3\ Juanita Brackens and Helen Davis were also listed in the 
caption of the request for rehearing. Because they did not file 
motions to intervene, they are not parties to the proceeding. 
Therefore, to the extent the request for rehearing was filed on 
behalf of Ms. Brackens and Ms. Davis, it must be rejected due to a 
lack of party status.
    \4\ In addition, the pleading as filed is deficient because it 
failed to include a Statement of Issues, as required by Revision of 
Rules of Practice and Procedure Regarding Issue Identification, 
Order No. 663, 70 FR 55,723 (September 23, 2005), FERC Statutes and 
Regulations ] 31,193 (2005) as amended by Order 663-A, effective 
March 23, 2006, to limit its applicability to rehearing requests. 
Revision of Rules of Practice and Procedure Regarding Issue 
Identification, Order No. 663-A, 71 FR 14,640 (March 23, 2006), FERC 
Statutes and Regulations ] 31,211 (2006) (codified at 18 CFR 
385.203(a)(7) and 385.713(c)(2) (2006)).
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    This notice constitutes final agency action. Request for rehearing 
of this rejection notice must be filed within 30 days of the date of 
issuance of this notice, pursuant to 18 CFR 385.713 (2006).

Kimberly D. Bose,
Secretary.
[FR Doc. E7-10534 Filed 5-31-07; 8:45 am]

BILLING CODE 6717-01-P
