[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Notices]
[Page 44024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12507]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. EL06-91-000, P-12252-023]
Fourth Branch Associates (Mechanicville), Complainant, v Hudson
River-Black Regulating District, Respondent; Notice of Complaint
July 27, 2006.
On July 25, 2006, Fourth Branch Associates (Fourth Branch) filed a
formal complaint against Hudson River-Black River Regulating District
(District) pursuant to Rule 206 of the Commission's Rules of Practice
and Procedure, 18 CFR 385.206 (2006), and section 306 of the Federal
Power Act (FPA), 16 U.S.C. 825(e).
In 2002, the Commission issued an original license to the District
for the continued operation of the Great Sacandaga Lake Project No.
12252.\1\ The project is located on the Sacandaga River, a tributary of
the Hudson River. Fourth Branch is the licensee for the Mechanicville
Project No. 6032, located on the Hudson River downstream of the
Sacandaga River.\2\
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\1\ Hudson River-Black River Regulating District, 100 FERC ]
61,319 (2002); order on rehearing, 102 FERC ] 61,133 (2003).
\2\ There are a number of other licensed projects located
downstream of the District's project.
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Fourth Branch alleges that when the District became a licensee in
2002, its annual assessment of charges against Fourth Branch to cover a
portion of the District's costs of operating and maintaining Great
Sacandaga Lake came under the headwater benefits provisions of section
10(f) of the FPA, 16 U.S.C. 803(f) (2000), and sections 11.10 through
11.17 of the Commission's regulations, 18 CFR 11.10-11.17 (2006).
Fourth Branch further alleges that since 2002, the District has
continued to assess and collect these charges from Fourth Branch
notwithstanding the absence of an agreement with Fourth Branch for
those charges or Commission approval of the charges. Moreover, Fourth
Branch contends, despite Commission orders in 2002 and 2004 requiring
the District to submit both its headwater benefits charges agreement
and actual charges to the Commission for approval,\3\ the District has
failed to do so, and is therefore in violation of the FPA and the
Commission's regulations.
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\3\ See 100 FERC ] 61,319 at P 47-49; and 102 FERC ] 61,133 at P
13-14.
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Fourth Branch certifies that copies of the complaint were served on
the District, as well as all Hudson River hydroelectric and municipal
flood control recipients of annual assessment bills from the District.
Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
[email protected], or call (866) 208-3676 (toll free). For
TTY, call (202) 502-8659.
Comment Date: 5 p.m. Eastern Time on August 16, 2006.
Magalie R. Salas,
Secretary.
[FR Doc. E6-12507 Filed 8-2-06; 8:45 am]
BILLING CODE 6717-01-P