[Federal Register: March 31, 1998 (Volume 63, Number 61)]
[Notices]               
[Page 15394]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr98-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Project No. 2645-029]

 
Niagara Mohawk Power Corporation; Notice Denying Late 
Intervention, and Dismissing Requests to Supplement Record and for 
Further Consideration

March 26, 1998.
    By order issued April 2, 1996, the Commission approved a settlement 
agreement and issued a new license to Niagara Mohawk Power Corporation 
(Niagara Mohawk) for the continued operation of the Beaver River in 
Lewis and Herkimer Counties, New York.\1\ On January 16, 1998, the 
Commission issued an order granting in part and denying in part certain 
requests for rehearing of the April 2, 1996 order.\2\
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    \1\ 76 FERC para.61,152.
    \2\ 82 FERC para.61,029.
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    On February 17, 1998, the Town of Croghan, New York, filed an 
untimely motion to intervene and to supplement the record, and a 
request for consideration under Section 10(h) of the Federal Power 
Act,\3\ of Niagara Mohawk's fitness to hold the new license, in view of 
Niagara Mohawk's plan, filed December 1, 1997, with the New York Public 
Service Commission, for divesting its ``non-nuclear generation 
assets.''
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    \3\ 16 U.S.C. 803(h).
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    In acting on a late motion to intervene, the Commission may 
consider whether the movant has shown good cause for the failure to 
file the motion within the time prescribed, and whether the movant's 
intervention will disrupt the proceeding.\4\ The deadline for filing 
intervention in this proceeding was April 12, 1993.\5\ Moreover, 
Croghan states in its motion (at p. 2) that Niagara Mohawk has been 
publicly stating since October 1995 that it would sell its non-nuclear 
generating facilities. Therefore, Croghan has not shown sufficient 
reason for the lateness of its filing. Moreover, in light of the 
issuance of the new license and approval of the related settlement 
agreement, granting Croghan's request for intervention would unduly 
disrupt the proceeding. Accordingly, Croghan's motion for late 
intervention is denied, and consequently its additional requests for 
relief are dismissed. If, as Croghan suggests, the state divestiture 
proceeding results in Niagara Mohawk requesting approval to transfer 
its license for Project No. 2645, Croghan will have the opportunity to 
intervene and present its arguments in that proceeding.
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    \4\ 18 CFR 385.214(d).
    \5\ 58 FR 13477 (March 11, 1993).
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    This notice constitutes final agency action. Requests for rehearing 
by the Commission may be filed within 30 days of the date of issuance 
of this notice, pursuant to 18 CFR 385.713.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-8370 Filed 3-30-98; 8:45 am]
BILLING CODE 6717-01-M