[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Notices]
[Page 72823-72824]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de05-72]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Notice of Applications Accepted for Filing and Soliciting
Comments, Motions To Intervene, and Protests
November 29, 2005.
Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection:
a. Type of Applications: Preliminary Permit.
b. Applicant, Project Numbers, and Dates Filed: Black River Felts
Mills, LLC filed the applications for Project No. 12622-000 and Project
No. 12623-000 on October 26, 2005.
c. Name of the projects: Lower Dam Project (P-12622); Upper Dam
Project (P-12623). The projects would be located on the Black River in
Jefferson County, New York. The proposed dams are to be located at the
site of an existing breached dam currently owned by Eric Boulevard
HydroPower, L.P.
d. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
e. Applicant Contacts: Black River Felts Mills, LLC: Mr. William A.
Garnett, Member Manager; Steven Courtney, Member Manager; Terence
Darby, Member Manager; Black River Energy, LLC; 6000 Fairview Road,
Suite 600; Charlotte, North Carolina 28270, (704) 553-3036; James C.
Liles, Regulatory Advisor, Milbank, Tweed, Hadley & McCloy, LLC; 1850 K
Street, NW., 11th Floor, Washington, DC 20006, (202) 835-7545.
f. FERC Contact: Etta Foster, (202) 502-8769.
g. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
h. Description of Projects: The proposed Lower Dam would consist
of: (1) A proposed earth dike approximately 590 feet long; (2) a
proposed intake structure constructed on the left side of the south
channel spillway; (3) a reservoir with a normal pool elevation of 589
feet, a gross storage capacity of approximately 850 acre-feet and a
surface area of approximately 140 acres; (4) a proposed powerhouse
containing two or more generating units with an installed capacity of 8
megawatts (MW); (5) a tailrace channel downstream of the powerhouse;
(6) a new 115-kV overhead transmission line; and (7) appurtenant
facilities. The Black River Felts Mills, LLC's Lower Dam Project, would
have an estimated average annual generation of 40,000 MWh (megawatt-
hours) and would be sold to a local utility.
The proposed Upper Dam would consist of: (1) A proposed concrete
gravity dam approximately 320 feet long with gated control facilities;
(2) a proposed intake structure; (3) a reservoir with a normal maximum
pool elevation of approximately 609 feet, a gross storage capacity of
1,100 acre-feet, and a surface area of 220 acres; (4) a proposed
powerhouse containing two or more generating units with a total
installed capacity of 5 MW; (5) a proposed tailrace channel; (6) a new
overhead 115-kV transmission line; and (7) appurtenant facilities. The
Upper Dam Project would have an estimated average annual generation of
24,500 MWh and would be sold to a local utility.
i. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street NE., Room 2A,
Washington DC 20426, or by calling (202) 502-8371. This filing may also
be viewed on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
FERCOnlineSupport@ferc.gov. For TTY, call (202) 502-8659. A copy is
also available for inspection and reproduction at the address in item e
above.
j. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
k. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
l. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
m. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
n. Proposed Scope of Studies under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
o. Comments, Protests, or Motions To Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
[[Page 72824]]
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.
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 under ``e-filing'' link.
The Commission strongly encourages electronic filing.
p. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. Any of the above-named documents must be filed
by providing the original and the number of copies provided by the
Commission's regulations to: The Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
q. 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.
Magalie R. Salas,
Secretary.
[FR Doc. E5-6938 Filed 12-6-05; 8:45 am]
BILLING CODE 6717-01-P