Notice2025-01430
Dominion Energy South Carolina, Inc.; Notice Dismissing Request for Rehearing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 22, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 90 Issue 13 (Wednesday, January 22, 2025)</title>
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[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Page 7687]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01430]
[[Page 7687]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2535-130]
Dominion Energy South Carolina, Inc.; Notice Dismissing Request
for Rehearing
On October 27, 2023, Dominion Energy South Carolina, Inc. (Dominion
Energy), filed a final license application to relicense its Stevens
Creek Hydroelectric Project No. 2535. On November 8, 2023, Commission
staff issued a notice of application and solicited additional study
requests. On December 11, 2023, Augusta-Richmond County, Georgia, filed
additional study requests with the Commission. On November 25, 2024,
Commission staff issued a letter responding to the additional study
requests and explained that no further studies were needed. On December
26, 2024, Augusta-Richmond County filed a request for rehearing of
Commission staff's November 25, 2024 letter.
Rule 713(b) of the Commission's Rules of Practice and Procedure
permits requests for rehearing ``of any final decision or other final
order in a proceeding.'' \1\ An order is final, and thus subject to
rehearing, only when it imposes an obligation, denies a right, or fixes
some legal relationship as a consummation of the administrative
process.\2\ The November 24, 2024 Commission staff letter is not a
final Commission decision or order on the final license application,
which remains pending before the Commission, nor imposes an obligation
on the license applicant or any other party.
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\1\ 18 CFR 385.713(b) (2024); see also 15 U.S.C. 717r(a)
(parties ``aggrieved by an order issued by the Commission in a
proceeding . . . may apply for a rehearing within thirty days after
the issuance of such order'').
\2\ Reliable Automatic Sprinkler Co. v. Consumer Prod. Safety
Comm'n, 324 F.3d 726, 731 (D.C. Cir. 2003) (holding that ``final
agency action `mark[s] the consummation of the agency's decision-
making process' and is `one by which rights or obligations have been
determined, or from which legal consequences will flow' '') (quoting
Bennett v. Spear, 520 U.S. 154, 178 (1997)).
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When the Commission, or its delegate, issues a final order
regarding Dominion Energy's license application, Augusta-Richmond
County may, at that time, file a request for rehearing. Thus,
Commission staff's November 25, 2024 letter is interlocutory and does
not fall within the scope of Rule 713. Accordingly, the request for
rehearing is dismissed.\3\
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\3\ See, e.g., Exelon Gen Co., 131 FERC ] 61,166, at PP 15-16
(2010) (denying rehearing of a study plan determination letter, in
part, because letter was a procedural decision by Commission staff);
Pub. Util. Dist. No. 1 of Douglas Cnty., Wash., 122 FERC ] 61,032,
at P 7 & n.9 (2008) (dismissing request for rehearing of denial of
study request); Duke Power, 117 FERC ] 61,303, at PP 5-7 (2006)
(affirming dismissal as interlocutory of request for rehearing of
environmental assessment); Duke Energy Corp., 111 FERC ] 61,489, at
PP 12-14 (2005) (denying request for rehearing of Secretary's notice
dismissing request for rehearing of staff decision not to extend
environmental scoping process).
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This notice constitutes final agency action. Requests for rehearing
by the Commission of this notice must be filed within 30 days of the
date of issuance of this notice, as provided in section 313(a) of the
Federal Power Act, 16 U.S.C. 825l(a), and section 385.713 of the
Commission's regulations, 18 CFR 385.713 (2024).
Dated: January 14, 2025.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2025-01430 Filed 1-21-25; 8:45 am]
BILLING CODE 6717-01-P
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</html>Indexed from Federal Register on January 22, 2025.
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