United States of America Before the Federal Power Commission in the Matter of Arizona Power Authority Project No. 2248, Application for Reconsideration

Document: United States of American Before the Federal Power Commission In the Matter of Arizona Power Authority, Project No. 2248, Application for Reconsideration, September 6, 1963, page 1918 itself in the anomalous position - one potentially highly prejudicial to the rights of the parties to this proceeding - of receiving their responses and comments on the Secretary's plan after the Commission has already crystallized its views in the course of review pursuant to Section 1 of the 1944 Flood Control Act. Moreover, since the Commission had allowed until January 15, 1964 for the filing of the Secretary's plan in this proceeding apparently because of the Secretary's representation that he expected to submit it to Congress by that time, it should be noted that submission to Congress adds nothing to the stature of the Secretary's plan. Until specifically adopted by Congress by appropriate authorizations and appropriations, the Secretary's plan is nothing more than a plan proffered by him. In addition - and even more pertinent for present purposes - the fact is that the Secretary's expectation that he will submit his plan to Congress by January 1964 is highly optimistic. As the Secretary has indicated in his Supplemental Brief, he must submit his plan for review to the affected States and other interested agencies under Section 1 of the Flood Control Act of 1944 (58 Stat. 887). Although that Section allows 90 days for such review, this time period has not been rigidly adhered to in the past. The interest parties have frequently requested, and have been granted, additional time to complete their review. Typically the time consumed in the submission ofEpson Perfection 4870 Photo, 400 dpi, 8 bit, 922,027 byte