PART II APPENDIX A RECORD OF ACTION TAKEN AFFECTING PERMITS AND LICENSES UNDER THE FEDERAL WATER POWER ACT (July 1, 1932, to June 30, 1933) EXCERPTS FROM MINUTES OF THE COMMISSION'S MEETINGS MINUTES OF THE TWO HUNDRED AND SEVENTY-FOURTH MEETING, JULY 5, 1932 Present: Commissioners Draper, McNinch, and Chairman Smith. The following orders were approved and adopted in reference to projects nos. 704 and 1159: Amendment of license (minor part) (Project no. 704) The Commission having before it the application of The California Oregon Power Co. for amendment of the license issued November 23, 1926, for a 66,000volt transmission line extending from Copco, Calif., to Klamath Falls, Oreg., designated as project no. 704, and having examined and considered the application, together with all exhibits, statements, surveys, and other evidence relating thereto, finds: (1) That the records of the General Land Office at the time the application for the license was filed indicated that the S% of sec. 22, T. 48 N., R. 4 W., Mount Diablo meridian, in Siskiyou County, Calif., crossed by the transmission line, was in a homestead entry; (2) That authority was given the licensee to occupy and utilize said land for the transmission line insofar as the interests of the United States were involved; (3) That in expectation of the title to the land passing without reservation to the entryman, the licensee was not required to file a detail map of the right of way or to make payment to the United States for the use thereof; (4) That the entry having since been canceled by the General Land Office for failure of the entryman to make final proof within the statutory period, the licensee has filed for approval and incorporation in the license by amendment, a map showing in detail the right-of-way so that it can be properly described and reserved from future entry; (5) That the amendment of the license to include said map is desirable and Justified in the public interest. Now, therefore, the Commission orders: (a) That the map showing in detail the right-of-way across the S1⁄2 of sec. 22, T. 48 N., R. 4 W., Mount Diablo meridian, and designated as exhibits C and K, be, and is hereby, approved; (b) That the license be amended to include said map as a part thereof, subject to the annual charge of $60 prescribed therein being increased to $65.70, and to section 8 of the Federal Water Power Act. Termination of license (Project no. 1159) Having before it a letter dated June 1, 1932, from Public Service Co. of New Hampshire in response to an order entered by the Commission on May 19, 1932, requiring that company, as licensee of project no. 1159, to show cause why the license should not be terminated because of its failure to begin construction within the time fixed in said license, and having considered the same, together with all matters pertinent thereto, the following order was approved and adopted by the Commission: Whereas the answer submitted by Public Service Co. of New Hampshire. licensee of project no. 1159, in response to the order entered by this Commission on May 19, 1932, is not a sufficient justification under the Federal Water Power Act for its failure to begin construction according to the terms of the license. Now, therefore, it is ordered: That the license for project no. 1159, issued to Public Service Co. of New Hampshire, be, and it is hereby, terminated in accordance with section 13 of the Federal Water Power Act, without prejudice to the right of said licensee to submit a new application for said project when ready to proceed therewith. The following order in reference to consent to right-of-way, DA-228-California, was approved and adopted: Consent to right of way (DA-283-California, Department of Agriculture) The Commission having before it the application (DA-283-California) of the Department of Agriculture for authority to construct a section of the Placerville-Lake Tahoe Highway designated as project no. 32-E (Sta. 0+00— Sta. 189+00) across power-site lands in secs. 22, 23, and 27, T. 11 N., R. 15 E., Mount Diablo meridian, California, and having considered the application, together with correspondence, reports, and other evidence relating thereto, finds: (1) That a report by the Forest Service shows that because of the rapid fall of South Fork American River storage is not feasible and that development of power will be by conduit; (2) That conflict between the road and a future conduit can be avoided at small cost even if the conduit is planned to occupy the same side of the river as the road; (3) That the proposed road is a realignment and improvement of an existing road which has been in use since pioneer days and a State highway by legislative act, for nearly 40 years; (4) Thut the Forest Service has recommended favorable determination subject to the provisions of section 24 of the Federal Water Power Act. |