[Federal Register: April 28, 2005 (Volume 70, Number 81)] [Notices] [Page 22027-22028] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr28ap05-63] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Declaration of Intention and Soliciting Comments, Protests, and/or Motions To Intervene April 20, 2005. Take notice that the following application has been filed with the Commission and is available for public inspection: a. Application Type: Declaration of Intention. b. Docket No: DI05-2-000. c. Date Filed: April 8, 2005. d. Applicant: Rick Hubberd. e. Name of Project: Buttermilk Falls Micro Hydroelectric Project. f. Location: The proposed Buttermilk Falls Micro Hydroelectric Project will be located on Falls Brook, tributary to Neversink River, near the town of Cuddebackville, Orange County, New York. g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b). h. Applicant Contact: Mr. Rick Hibberd, 544 Oakland Valley Road, Cuddebackville, NY 12729, telephone [[Page 22028]] (845) 754-8318, e-mail: rick@hibberd.com. i. FERC Contact: Any questions on this notice should be addressed to Henry Ecton, (202) 502-8768, or e-mail address: henry.ecton@ferc.gov. j. Deadline for filing comments, protests, and/or motions: May 20, 2005. All documents (original and eight copies) should be filed with: Magalie R. Salas, 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. Any questions, please contact the Secretary's Office. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at http://www.ferc.gov. Please include the docket number (DI05-2-000) on any comments, protests, or motions filed. k. Description of Project: The proposed Buttermilk Falls Micro Hydroelectric Project, a run-of-river facility, would include (1) An existing 5-foot-high, 20-foot-wide, concrete-and-stone dam; (2) a reservoir capacity of approximately 1,200 cubic feet; (3) an 8-inch- diameter, 500-foot-long penstock; (4) a powerhouse containing two generators with a total capacity of 15 kW; (5) a 650-foot-long transmission line; and (6) appurtenant facilities. The proposed project replaces a project damaged by a flood in August 2004. The power would be used in a residence, and the project will employ a switching system that would automatically reconnect the residence to the interstate grid if generation falls below a certain level. The project will not occupy any tribal or federal lands. When a Declaration of Intention 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 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, please contact FERC Online Support at FERCOnlineSupport@ferc.gov 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, 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. Magalie R. Salas, Secretary. [FR Doc. E5-2006 Filed 4-27-05; 8:45 am] BILLING CODE 6717-01-P