# jlentini on PROD1PC65 with NOTICES (2007)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/agency%3Aferc%3Aa094009909e69327

## Record

- **Collection:** Agency decision
- **Document type:** Agency decision

## Text

jlentini on PROD1PC65 with NOTICES

Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices
reports are required. In a rapidly
changing business environment, annual
reporting is simply insufficient.
Financial accounting and reporting
provides needed information
concerning a company’s past
performance and its future prospects.
Without reliable financial statements
prepared in accordance with the
Commission’s Uniform System of
Accounts and related regulations, the
Commission would be unable to
accurately determine the costs that
relate to a particular time period, service
or line of business. Additionally, it
would be difficult to determine whether
a given entity has previously been given
the opportunity to recover its cost
through rates, or to compare how the
financial performance and results of
operations of one regulated entity
relates to that of another.
The need for current and better
disclosures in financial statements
drives the increasing demand for timely,
relevant and reliable financial
information. As such, the FERC Form 6–
Q Quarterly Report provides the
Commission with a more timely and
informative picture of the jurisdictional
oil pipeline entities’ financial and
operational condition.
More specifically, the Commission’s
Office of Enforcement (OE) uses the
FERC Form 6–Q data collected to assist
in the implementation of its financial
and operational audits and investigation
programs, in the review of the financial
condition of regulated companies, and
in the assessment of energy markets.
The Office of Energy Markets and
Reliability (OEMR) uses the data
collected for its various rate proceedings
and economic analysis. The Office of
Administrative Litigation (OAL) uses
the data collected for background
research for use in litigation. The Office
of General Counsel (OGC) uses the data
in its programs relating to the
administration of the ICA.
5. Respondent Description: The
respondent universe currently
comprises 138 companies (on average)
subject to the Commission’s
jurisdiction.
6. Estimated Burden: 62,100 total
hours, 138 respondents (average), 3
responses per respondent, and 150
hours per response (average).
7. Estimated Cost Burden to
respondents: 62,100 hours/2080 hours
per years × $117,321 per year =
$3,646,494. The cost per respondent is
equal to $26,424.

VerDate Aug<31>2005

17:37 Apr 04, 2007

Jkt 211001

Statutory Authority: 49 App. U.S.C. §§ 1–
85 (1988).
Philis J. Posey,
Acting Secretary.
[FR Doc. E7–6322 Filed 4–4–07; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 2205–039]

Central Vermont Public Service
Commission; Notice Dismissing Filing
as Deficient
March 30, 2007.

On February 13, 2007, Commission
staff issued an order modifying and
approving a recreation plan under
article 415 of the project license for the
Lamoille Hydroelectric Project, located
on the Lamoille River in Chittenden,
Franklin, and Lamoille Counties,
Vermont.1 On March 14, 2007, Central
Vermont Public Service Corporation
(Central Vermont or the licensee) filed
a timely request for rehearing, seeking to
modify the February order.
Specifically, the licensee requests
rehearing of a provision in the February
order regarding an access area for
canoes and car-top boats at the south
end of Arrowhead Mountain Reservoir.
The February order modified the
licensee’s recreation plan. Ordering
paragraph (C) of the February order
provided that:
The licensee shall acquire title in fee or the
right to use in perpetuity all lands necessary
to improve the access area at the south end
of Arrowhead Mountain Reservoir to provide
carry-in access for canoes and car-top boats.
The licensee shall file documentation of the
land acquisition with the Commission and
include the access area at the south end of
Arrowhead Mountain Reservoir in the asbuilt drawings.

The licensee requests that the paragraph
(C) requirement be deleted and suggests
that, instead, the licensee will conduct
a study of alternative access sites.
The licensee’s rehearing request is
deficient because it fails to include a
Statement of Issues section separate
from its arguments, as required by Rule
713 of the Commission’s Rules of
Practice and Procedure.2 Rule 713(c)(2)
1 118 FERC ¶ 62,125 (2007).
2 18 C.F.R. § 385.713(c)(2) (2006). See Revision of
Rules of Practice and Procedure Regarding Issue
Identification, Order No. 663, 70 FR 55723
(September 23, 2005), FERC Statutes and
Regulations ¶ 31,193 (2005). See also, Order 663–A,
effective March 23, 2006, which amended Order
663 to limit its applicability to rehearing requests.
Revision of Rules of Practice and Procedure

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requires that a rehearing request must
include a separate section entitled
‘‘Statement of Issues’’ listing each issue
presented to the Commission in a
separately enumerated paragraph that
includes representative Commission
and court precedent on which the
participant is relying.3 Under Rule 713,
any issue not so listed will be deemed
waived. Accordingly, Central Vermont’s
rehearing request is dismissed.4
We note that, even if the pleading had
included the required statement of facts,
we would nevertheless deny rehearing.
Central Vermont concedes that ‘‘the
provision of public access for canoes
and car-top boats at the south end of
[Arrowhead Mountain Reservoir] is
desired,’’ and that ‘‘no detailed analysis
of alternative south end access for
canoes and car-top boats has been
performed.’’ It shows no deficiency in
the February order, but merely
speculates that some other form of
access might be preferable. Accordingly,
we find the request for rehearing to be
without merit.5
Philis J. Posey,
Acting Secretary.
[FR Doc. E7–6325 Filed 4–4–07; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RP07–364–000]

Destin Pipeline Company, L.L.C.;
Notice of Tariff Filing and NonConforming Service Agreement
March 30, 2007.

Take notice that on March 23, 2007,
Destin Pipeline Company, L.L.C.
(Destin) tendered for filing with the
Regarding Issue Identification, Order No. 663–A, 71
FR 14640 (March 23, 2006), FERC Statutes and
Regulations ¶ 31,211 (2006).
3 As explained in Order No. 663, the purpose of
this requirement is to benefit all participants in a
proceeding by ensuring that the filer, the
Commission, and all other participants understand
the issues raised by the filer, and to enable the
Commission to respond to these issues. Having a
clearly articulated Statement of Issues ensures that
issues are properly raised before the Commission
and avoids the waste of time and resources
involved in litigating appeals regarding which the
courts of appeals lack jurisdiction because the
issues on appeal were not clearly identified before
the Commission. See Order No. 663 at P 3–4.
4 See, e.g., South Carolina Electric & Gas
Company, 116 FERC ¶ 61,218 (2006); and Duke
Power Company, LLC, 116 FERC ¶ 61,171 (2006).
5 We note that the licensee may file a request for
an amendment to the license that would allow for
the consideration of an alternative site for an access
area, but note that such a proposal would require
consultation with relevant resource agencies as well
as public notice with the opportunity for comment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Aferc%3Aa094009909e69327. Public record. Not legal advice.
