Skip to Content


Avista Corporation; Notice of Jurisdictional Review and Soliciting Comments, Motions To Intervene, and Protests

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble April 14, 2008.

Take notice that the following application has been filed with the Commission and is available for public inspection:

a. Application Type: Jurisdictional Review.

b. Docket Nos: JR07-1-000 and P-2261-007.

c. Date Filed: June 22, 2007, with supplement July 20, 2007.

d. Applicant: Avista Corporation.

e. Name of Project: Lolo-Divide-Creek Transmission Line.

f. Location: The existing Lolo-Divide-Creek Transmission Line (Lolo Line) is located near Lewiston in Nez Perce and Idaho Counties, Idaho, and occupies lands of the United States in the Wallowa-Whitman National Forest.

g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b).

h. Applicant Contact: John A. Whittaker, IV, Winston & Strawn LLP, 1700 K Street, NW., Washington, DC 20006-3817; Telephone: (202) 282-5000; Fax: (202) 282-5100; e-mail:

i. FERC Contact: Any questions on this notice should be addressed to Henry Ecton (202) 502-8768, or E-mail:

j. Deadline for filing comments and/or motions: May 14, 2008.

All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at: under the “e-Filing link.”

Please include the docket numbers (JR07-1-000 and P-2261-007) on any protests, comments and/or motions filed.

k. Description of Filing: The Avista Corporation does not intend to seek a subsequent license for the Lolo Line because the transmission line is not a primary line subject to the Commission's jurisdiction. As originally licensed, FERC Project No. 2261 consists of a 231-kV transmission line known as the Lolo-Divide Creek Transmission Line, extending from the Lolo substation approximately 43 miles to Divide Creek, where it connects with a similar line originating at the Oxbow Plant of Idaho Power Company's Hells Canyon Project No. 1971. The filing concludes that the Lolo Line is no longer a primary line, as defined by § 3(11), 16 U.S.C. 796(11) of the Federal Power Act, and is not required to be licensed by the Commission.

When a request for Jurisdiction Review is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the interests of interstate or foreign commerce would be affected by the project. The Commission also determines whether or not the project: (1) Would be located on a navigable waterway; (2) would occupy or affect public lands or reservations of the United States; (3) would utilize surplus water or water power from a government dam; or (4) if applicable, has involved or would involve any construction subsequent to 1935 that may have increased or would increase the project's head or generating capacity, or have otherwise significantly modified the project's pre-1935 design or operation.

l. Locations of the Application: Copies of this filing are on file with the Commission and are available for public inspection. This filing may be viewed on the Web at using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at or toll-free at (866) 208-3676, or TTY, contact (202) 502-8659.

m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

n. Comments, Protests, and/or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “PROTESTS”, and/or “MOTIONS TO INTERVENE”, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the applicant specified in the particular application.

p. Agency Comments—Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the applicant's representatives.

Start Signature

Kimberly D. Bose,


End Signature End Preamble

[FR Doc. E8-8498 Filed 4-18-08; 8:45 am]