<PRE>
[Federal Register: September 17, 2001 (Volume 66, Number 180)]
[Notices]               
[Page 48055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se01-72]                         

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 
Notice of Transfer of License and Soliciting Comments, Motions to 
Intervene, and Protests

September 7, 2001.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Application Type: Transfer of License.
    b. Project No.: 7000-013.
    c. Date Filed: August 31, 2001.
    d. Applicants: Newton Falls, Inc. (Transferor) and Newton Falls 
Holdings, LLC (Transferee).
    e. Name of Project: Newton Falls.
    f. Location: On the Oswegatchie River near the Town of Clifton, St. 
Lawrence County, New York. The project does not utilize Federal or 
tribal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Stephen C. Palmer and Robert M. Ivanauskas, 
Swidler Berlin Shereff Friedman, LLP, 3000 K Street, NW, Suite 300, 
Washington, DC 2007-5116, (202) 424-7500; Malcom D. Young, Smith 
Gambrell & Russell, LLP, Suite 3100, Promenade II, 1230 Peachtree 
Street, N.E., Atlanta, Georgia 30309-3592, (404) 815-3774.
    i. FERC Contact: Regina Saizan, (202) 219-2673.
    j. Deadline for filing comments and or motions: (September 22, 
2001).
    All documents (original and eight copies) should be filed with: 
David P. Boergers, 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 under the ``e-Filing'' link.
    Please include the Project Number (7000-013) on any comments or 
motions filed.
    k. Description of Transfer: The project consists of two dams and 
four generating units having a total installed capacity of 2,220 kW. 
Adjacent to the project is a paper mill that was shut down last year. 
The project will be sold to transferee as part of a larger transaction 
that includes the paper mill and the surrounding land, which consists 
of approximately 5000 acres.
    The transfer application was filed within five years of the 
expiration of the license for the project. In Hydroelectric Relicensing 
Regulations Under the Federal Power Act (54 FR 23,756; FERC Stats. and 
Regs., Regs. Preambles 1986-1990 30,854 at p.31,437), the Commission 
declined to forbid all license transfers during the last five years of 
an existing license, and instead indicated that it would scrutinize all 
such transfer requests to determine if the transfer's primary purpose 
was to give the transferee an advantage in relicensing (id. at p. 
31,438 n. 318).
    l. Location of the Application: Copies of this filing are on file 
with the Commission and are available for public inspection. Copies of 
this filing are on file with the Commission and are available for 
public inspection. This filing may also be viewed on the Web at <A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ferc.gov">http://
www.ferc.gov</A> using the ``RIMS'' link, select ``Docket#'' and follow the 
instructions (call 202-208-2222 for assistance). A copy is also 
available for inspection and reproduction at the addresses in item h 
above.
    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'', ``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. 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.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-23103 Filed 9-14-01; 8:45 am]
BILLING CODE 6717-01-P

</PRE>