(B) The superseded exhibits F and G drawings are eliminated from the license.

(C) Within 90 days of the date of issuance of this order, the licensee shall file an original of the approved exhibits F and G drawings reproduced on silver or gelatin 35-mm microfilm mounted on Type D (3 1/4" x 7 3/8") aperture card for each drawing. In addition, the licensee shall file two Diazo-type duplicate aperture cards. The original set and one duplicate set of aperture cards should be filed with the Secretary of the Commission. The remaining duplicate set of aperture cards should be filed with the Commission's San Francisco Regional Office. The FERC drawing numbers (1934-34 through 1934-36) shall be shown in the margin below the title block of the microfilmed drawing and also in the upper right corner of each aperture card. The top line of the aperture card shall show the FERC exhibit (i.e. F-5, F-7 and G), Project Number, Drawing Title, and date of this order.

(D) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713.

[¶ 62,007]

Columbia Gulf Transmission Company, Docket No. CP90-2011-000
Order Approving Abandonment

(Issued January 8, 1991)

Kevin P. Madden, Director, Office of Pipeline and Producer Regulation.

On August 17, 1990, Columbia Gulf Transmission Company (Columbia Gulf) filed in Docket No. CP90-2011-000 an application, as supplemented, August 23, 1990, August 28, 1990, and December 17, 1990, pursuant to section 7(b) of the Natural Gas Act for permission and approval to abandon the transportation of natural gas for Texas Eastern Transmission Corporation (Texas Eastern), all as more fully set forth in the application.

By order issued January 27, 1986, in Docket No. CP84-715-000, 34 FERC ¶ 62,251, Columbia Gulf was authorized to transport up to 750 Mcf of natural gas per day for Texas Eastern. Columbia Gulf receives the gas, which Texas Eastern purchased from Mobil Oil Exploration and Production (Mobil) in Eugene Island Block

1 Sea Robin is authorized to transport gas for United in Docket No. CP80-12-000, 10 FERC ¶ 61,158.

312, at Platform B in Eugene Island Block 313, offshore Louisiana, for transportation and delivery to another point in Eugene Island Block 313 where Sea Robin Pipeline Company (Sea Robin) accepts the gas for United Gas Pipe Line Company's (United) account.1 United and Texas Eastern are authorized in Docket No. CP80-13-004, 34 FERC ¶ 62,252 (1986) to exchange natural gas at various offshore and onshore points of interconnection.

The transportation service is performed under an agreement dated June 18, 1984, which is on file with the Commission as Rate Schedule X-104 of Columbia Gulf's FERC Gas Tariff, Original Volume No. 2. The agreement provides for an initial term of five years from the date of initiation of service and from year

to year thereafter, unless canceled by either party by prior written notice of not less than 90 days. Texas Eastern requested by letter dated January 29, 1990, that the transportation service be terminated effective April 29, 1990, because the service is no longer necessary. By letter dated March 10, 1988, Texas Eastern terminated certain gas purchase contracts with Mobil, including the gas purchased for the service authorized in CP84-715-000. Columbia Gulf requests authorization for abandonment of the transportation effective April 29, 1990, the effective date of the termination of Texas Eastern's and Mobil's gas purchase contracts, in order for Texas Eastern to avoid paying additional demand charges.

No facilities are proposed to be abandoned herein.

Approval of the abandonment would not be a major federal action having a significant effect on the quality of the human environment.

Since the transportation of natural gas is in interstate commerce subject to the jurisdiction of the Commission, the abandonment thereof is subject to the requirements of subsection (b) of section 7 of the Natural Gas Act.

After due notice by publication in the Federal Register on September 12, 1990 (55 Fed.

Reg. 35,715), Texas Eastern filed a timely, unopposed motion to intervene.2 No further motions to intervene, notices of intervention, or protests to the granting of the application have been filed.

At a hearing held on January 4, 1991, there was received and made a part of the record in this proceeding all evidence, including the application and exhibits thereto, submitted in support of the authorization sought herein. Pursuant to the authority delegated in 18 C.F.R. § 375.307, it is ordered:

(A) Permission for and approval of the abandonment by Columbia Gulf of the transportation of natural gas for Texas Eastern, hereinbefore described and as more fully described in the application, are granted, effective April 29, 1990.

(B) Columbia Gulf shall file a notice of cancellation of its Rate Schedule X-104 in compliance with Part 154 of the Commission's regulations.

(C) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order pursuant to 18 C.F.R. section 385.713.

[¶ 62,008]

Sayles Hydro Associates, Project No. 3195-051 - California

Order Approving Revegetation Plan

(Issued January 9, 1991)

J. Mark Robinson, Dir., Division of Project Compliance and Administration.

On October 1, 1990, Sayles Hydro Associates, licensee for the Sayles Flat Hydroelectric Project, FERC Project No. 3195, filed a revegetation plan as required by article 456 of the license.

The licensee's proposed plan identifies the native plant species to be used, fertilization and irrigation requirements, a monitoring program, remedial measures, an implementation schedule, and provisions for submitting monitoring reports. The plan will be implemented during the fall in the 2 years after construction. Annual monitoring reports will be submitted to the consulted agencies. The 6th annual monitoring report will provide the consulted agencies with a basis for evaluation of the completion of mitigative measures. After the agencies have accepted the mitigative measures as complete, the licensee proposes to file

2 Timely, unopposed motions to intervene are granted by operation of Rule 214.

¶ 62,008

with the Commission written confirmation of the acceptance.

The consulted agencies did not object to the plan. The licensee's adherence to the plan would ensure that project area is appropriately revegetated in a timely manner.

The Director orders:

(A) The revegetation plan filed on October 1, 1990, pursuant to article 456 of the Sayles Flat Hydroelectric Project, FERC Project No. 3195, is approved.

(B) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713.

[¶ 62,009]

Pembroke Hydro Corporation, Project No. 3185-002 - New Hampshire

Order Amending Exemption from Licensing

(Issued January 9, 1991)

J. Mark Robinson, Dir., Division of Project Compliance and Administration.

The Webster Pembroke Project has a total installed capacity of 2750 kW, which is higher than the authorized capacity of 2600 kW in the exemption. The increase in the generating capacity would not result in any additional adverse environmental effects other than those identified during processing of the original application. Therefore, the exemption will be amended to show the project's total installed capacity to be 2750 kW.

The Director orders:

(A) The total authorized installed capacity of the Webster Pembroke Project, FERC Project No. 3185, is 2750 kW.

(B) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days from the date of issuance of this order, pursuant to 18 C.F.R. § 385.713.

[¶ 62,010]

Pacific-Ultrapower Chinese Station, A Joint Venture, Small Power Production and Cogeneration Facilities - Qualifying Status, Docket No. QF84-503-001

Order Granting Application for Recertification as a Qualifying Small Power Production Facility

(Issued January 9, 1991)

Donald J. Gelinas, Director, Division of Applications.

On June 15, 1990, Pacific-Ultrapower Chinese Station, A Joint Venture (Applicant) filed an application with the Commission for recertification of a facility as a qualifying small power production facility pursuant to section 292.207 of the Commission's regulations.1 The instant recertification is requested due to a change in the ownership structure. Applicant filed supplemental information on August 23 and October 29, 1990. Notice of the application was published in the Federal Register on June 29, 1990.2 No protests or motions to intervene have been filed.

Applicant states that there has been no change in the size or fuel use of the facility. Accordingly, the facility continues to meet the requirements of section 292.204 of the Commission's regulations.

At the time of the original certification, the Applicant was a joint venture in which Pacific Energy Resources, Inc. (PERI) and Ultrapower Energy Resources, Inc. (UERI)

each held a 50 percent interest.3 Subsequent to the original certification of the facility, UERI transferred 90 percent of its one-half interest in the facility to CII Woodpower I, Inc. (CII), an indirect, wholly owned subsidiary of Baltimore Gas and Electric Company, an electric utility.

The ownership and operation of the facility, including the partners' entitlement to profits, losses and surplus of the partnership, are governed by the First Amended and Restated Joint Venture Agreement of Pacific-Ultrapower Chinese Station, dated June 5, 1986. According to the Applicant, profits, losses, and tax consequences of the partnership are allocated among the partners in accordance with their respective partnership interests. These are 50% for PERI, 45% for CII (i.e., 50% × 90% 45%), and 5% for UERI. In addition, the Applicant indicates that any surplus resulting from the sale of assets above book value will be distributed to the partners in accordance with their balances in the capital accounts and that the

3 Applicant represents that neither PERI nor UERI, nor any of their parents or affiliates, was then, or is now, an electric utility, an electric utility holding company, or any combination or subsidiary of either an electric utility or an electric utility holding company.

capital account of CII is not, and will not be, in excess of 50 percent of the sum of all three partners' capital accounts.

Management of the partnership is vested in a Policy Committee comprised of three members, one each appointed by PERI, CII, and UERI. Voting is according to interests in the partnership, and all actions of the committee require, at a minimum, an affirmative vote of members representing two-thirds of the interests in the partnership.

A review of the materials submitted by the Applicant has confirmed the above-described representations. Thus, the utility partner is entitled to no more than 50 percent of the stream of benefits from, and has no more than 50% of the control of, the facility. Accordingly, the ownership of the facility complies with section 292.206(b) of the Commission's regulations and the interpreting cases.

It is found that:

The small power production facility, as described in the application submitted by the Applicant, meets the requirements established

in section 292.203(a) of the Commission's regulations regarding qualification as a small power production facility.

It is ordered:

The application for recertification of qualifying status filed on June 15, 1990, and completed on October 29, 1990, by the Applicant, pursuant to section 292.207 of the Commission's regulations and section 3(17)(C) of the Federal Power Act, as amended by section 201 of the Public Utility Regulatory Policies Act of 1978, is hereby granted provided that the facility is owned and operated in the manner described in the application.5

Authority to act on this matter is delegated to the Director, Division of Applications, pursuant to section 375.308 of the Commission's regulations.

This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. section 385.713.

[¶ 62,011]

Russell Canyon Corporation, Project No. 10970-000-Oregon
Abstract of Order Issuing Preliminary Permit

(Issued January 11, 1991)

Dean L. Shumway, Director, Division of Project Review.
A preliminary permit for this project is
issued to Russell Canyon Corporation for a
period effective the first day of the month in
which this permit is issued, and ending either
36 months from the effective date or on the
date that a development application which is
accepted for filing is submitted by the permit-
tee, whichever occurs first. [See 53 FERC
¶62,003 for standard language.]

This preliminary permit is subject to the terms and conditions of the FPA and related regulations and also articles 1 - 6 in Form P-1 [See 54 FPC 1797 (1975)], and to the following special articles:

Article 7. A liaison officer must be designated to act for the permittee in keeping appropriate federal, state, and local agencies specified in this permit informed about the progress of investigations throughout the term

* See Ultrapower 3, 27 FERC ¶ 61,094 (1984) and CMS Midland, Inc., 38 FERC ¶ 61,244 (1987).

5 Certification as a qualifying facility serves only to establish eligibility for benefits provided by the Public Utility Regulatory Policies Act of 1978, as implemented by the Commission's regulations, 18 ¶ 62,011

of the permit. In the interest of protecting and developing the natural resources and other environmental values of the project area, the permittee shall consult with the appropriate federal, regional, state, and local agencies in their fields of responsibility and expertise, shall conduct its project investigations in a manner that protects the environmental integrity of the area, and shall fully explore all reasonable alternatives to the project and alternative project designs, taking into account impacts on natural resources and other environmental values. These resources and values include, but are not limited to: forests, land management and treatment, fish, wildlife, recreational and public use, flood regulation, water and air quality (including water supply, ground-water studies, waste treatment and disposal), public health and safety, archeological, historic, and Indian religious and cultural sites, threatened

C.F.R. Part 292. It does not relieve a facility of any other requirements of local, state or federal law, including those regarding siting, construction, operation, licensing and pollution abatement. Certification does not establish any property rights, resolve competing claims for a site, or authorize construction.