

[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Notices]               
[Page 68870-68871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de07-36]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2426-197]

 
California Department of Water Resources and the City of Los 
Angeles; Notice Denying Late Intervention

November 28, 2007.
    On June 8, 2005, the Commission issued a public notice of 
California Department of Water Resources' (California DWR) and the City 
of Los Angeles' application to amend their license for the California 
Aqueduct Project No. 2426. On June 11, 2007, Friends of the River filed 
a late motion to intervene in the proceeding.
    In determining whether to grant late intervention, the Commission 
may consider such factors as whether the movant had good cause for 
filing late, whether the movant's interest is adequately represented by 
other parties to the proceeding, and whether granting the intervention 
might result in disruption to the proceeding or prejudice to other 
parties.\1\ Movants for late interventions must, among other things, 
demonstrate good cause why the time limit should be waived.\2\
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    \1\ 18 CFR 385.214(d) (2007).
    \2\ 18 CFR 385.214(b)(3) (2007).
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    Friends of the River argues that good cause exists for late 
intervention because it had no actual notice of the deadline for 
motions to intervene. It states that it only became aware of the 
deadline when the Commission issued the Environmental Assessment (EA) 
for the proposed license amendment on March 1, 2007. Friends of the 
River also argues that even if it had received actual notice of the 
deadline, it still would not have known of its actual need to become a 
party in the proceeding until the Commission issued its environmental 
determinations in the EA.
    Movant's assertions are without merit. The Commission issued public 
notice of

[[Page 68871]]

the amendment application on June 8, 2005, and published notice in the 
Federal Register on June 15, 2005.\3\ Movant therefore was on notice of 
licensee's application, but failed to timely respond to it.\4\ Allowing 
late intervention at this point in the proceedings would create 
prejudice and additional burdens on the Commission and its applicants.
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    \3\ 70 FR 34,750 (2005).
    \4\ See Federal Crop Ins. Corp. v. Merrill, 332 U.S. 380 (1947) 
(holding that Federal Register publication provides notice to all 
affected parties).
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    The Commission expects parties to intervene in a timely manner 
based on the reasonably foreseeable issues arising from the applicant's 
filings and the Commission's notice of proceedings.\5\ The Commission 
has held that the party bears the responsibility for determining when a 
proceeding is relevant to its interests, such that it should file a 
motion to intervene. When a party fails to intervene in a timely 
fashion, the party assumes the risk that the case will be settled in a 
manner that is not to its liking.\6\ The Commission has previously 
explained that an entity cannot ``sleep on its rights'' and then seek 
untimely intervention.\7\ Therefore, Friends of the River's argument 
that it would not have known of its actual need to become a party in 
the proceeding until the Commission issued its environmental 
determinations in the EA is without merit.
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    \5\ See California Water Resources Department and the City of 
Los Angeles, 120 FERC ] 61,057 at n.9 (2007).
    \6\ Id. at P 13.
    \7\ Id. at P 14.
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    Movant has failed to demonstrate good cause standard for granting 
late intervention. The motion for late intervention in these 
proceedings filed by movant is therefore denied.
    This notice constitutes final agency action. Requests for rehearing 
by the Commission of this rejection must be filed within 30 days of the 
date of issuance of this notice, pursuant to 18 CFR 385.713 (2007).

Kimberly D. Bose,
Secretary.
[FR Doc. E7-23622 Filed 12-5-07; 8:45 am]

BILLING CODE 6717-01-P
