Order Granting Rehearing for Further Consideration and Notice Rejecting Untimely Request for Rehearing

UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION

PacifiCorp Electric Operations ) Project No. 2643-002

ORDER GRANTING REHEARING
FOR FURTHER CONSIDERATION AND NOTICE REJECTING
UNTIMELY REQUEST FOR REHEARING

(Issued February 15, 1996)

The U.S. Department of the Interior; Trout Unlimited; and American Rivers, Pacific Rivers Council, and Oregon Trout have timely requested rehearing of the Commission’s order of December 22, 1995, finding licensing not required in this proceeding. 73 FERC ¶ 61,365. In the absence of Commission action within 30 days, the requests for rehearing would be deemed denied. 18 C.F.R. § 385.713. In order to afford additional time for consideration of the matters raised, rehearing of the order is granted for the limited purpose of further consideration. As provided in 18 C.F.R. § 385.713(d), no answers to the rehearing request will be entertained.

On February 1, 1996, the Oregon Department of Fish and Wildlife filed an untimely request for rehearing, incorporating by reference the grounds for rehearing advanced in Interior’s rehearing request. Section 313(a) of the Federal Power Act requires an aggrieved party to file its request for rehearing within 30 days after the issuance of a Commission order. 16 U.S.C. § 825l. The deadline for filing a request for rehearing was January 22, 1996. Since the rehearing deadline is statutorily based, and the Oregon Department of Fish and Wildlife did not file its request within the statutorily prescribed period, the request for rehearing is rejected. This rejection 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 C.F.R. § 385.713.

Lois D. Cashell
Secretary