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[Federal Register: September 10, 2002 (Volume 67, Number 175)]
[Notices]               
[Page 57422-57423]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se02-71]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2816-017]

 
North Hartland, LLC; Notice of Petition for Declaratory Order

September 3, 2002.
    On August 15, 2002, North Hartland, LLC (NHL), filed a petition for 
a declaratory order to resolve matters relating to the transfer of the 
license for the North Hartland Project No. 2816, located at the U.S. 
Army Corps of Engineers' North Hartland Dam, on the Ottauquechee River, 
in Windsor County, Vermont. The Commission, in June 2000, approved the 
transfer of the license to NHL from Vermont Electric Generation & 
Transmission Cooperative (VEGT), through the trustee of VEGT's 
bankruptcy estate. According to the petition, the bankruptcy trustee 
has been discharged from his duties, and the project assets are now in 
the custody and control of the U.S. Government, specifically the 
Department of Justice, representing the Rural Utilities Service of the 
Department of Agriculture.
    The petition states that, under Title 30 of the Vermont Statutes 
Annotated, section 109, a corporation subject to the Vermont Public 
Service Board (board) shall not make a sale, lease, or series of sales 
or leases in any one calendar year constituting ten percent or more of 
the company's property located within Vermont and actually used for 
public service operations, except after opportunity for hearing by the 
board and a finding by the board that such a sale or lease will promote 
the general good of the state. Section 109 provides that a certificate 
of consent of the board shall be filed with the secretary of state. 
Section 231 of the same statute provides that a person, partnership, or 
association desiring to own or operate a business over which the board 
has jurisdiction must first petition the board to determine whether the 
operation of such business will promote the general good of the state.
    The petition states that the board has asserted authority under 
Title 30 over the transfer of the project property to NHL and over 
NHL's operation of the

[[Page 57423]]

project, and that, over a period of two years, the board has failed 
either to issue approvals of those actions or to agree that such 
approvals are unnecessary. NHL requests that the Commission issue a 
declaratory order finding that action or approval by the board is not 
required to consummate the transactions approved in the Commission's 
license transfer order, by which NHL means the transfer of the project 
property and the ownership and operation of the project by NHL. NHL 
asks the Commission to determine that the Commission has exclusive 
jurisdiction over the project, including its sale, transfer, ownership, 
and operation, to the exclusion of Title 30, the application of which 
conflicts with Federal law.
    Any person desiring to be heard or to protest the petition should 
file comments, a protest, or a motion to intervene in accordance with 
the requirements of the Commission's Rules of Practice and Procedure, 
18 CFR 385.210, 385.211 and 385.214. In determining the appropriate 
action to take, the Commission will consider all protests and other 
comments, but only those who file a motion to intervene may become 
parties to the proceeding. Comments, protests, or motions to intervene 
must be filed within 15 days of publication of this notice in the 
Federal Register and must bear in all capital letters the title 
``COMMENTS,'' ``PROTEST,'' or ``MOTION TO INTERVENE,'' as applicable, 
and Project No. 2816-017.
    Comments, protests, and interventions may be filed electronically 
via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and 
the instructions on the Commission's web site under the ``e-filing'' 
link.
    Send the filings (original and 8 copies) to: The Secretary, Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426. The Petition for Declaratory Order is available for review at 
the Commission in the Public Reference Room or may be viewed on the 
Commission's web site at <A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ferc.gov">http://www.ferc.gov</A> using the ``FERRIS'' link. 
Enter the docket number excluding the last three digits in the docket 
number field to access the document. For Assistance, call (202) 502-
8222 or for TTY, (202) 208-1659.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-22885 Filed 9-9-02; 8:45 am]
BILLING CODE 6717-01-P

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