[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Notices]
[Page 18371-18372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-40]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 7269-026]
James B. Boyd and Janet A. Boyd; Notice of Termination of License
by Implied Surrender and Soliciting Comments, Protests, and Motions To
Intervene
April 15, 2009.
Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
a. Type of Proceeding: Termination of license by implied surrender.
b. Project No.: 7269-026.
c. Date Initiated: March 13, 2009.
d. Licensee: The licensee is James B. Boyd and Janet A. Boyd.
e. Name and Location of Project: The Jim Boyd Project is located on
the Umatilla River, in Umatilla County, Oregon.
f. Filed Pursuant to: 18 CFR 6.4.
g. Licensee Contact Information: Janet A Boyd, (Dennis B. Logan),
7661 Paterson Ferry Road, Irrigon, OR 97844.
h. FERC Contact: William Guey-Lee, (202) 502-6064.
i. Deadline for filing comments, protests, and motions to
intervene: June 1, 2009.
All documents (original and eight copies) should be filed with the
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. The Commission strongly encourages
electronic filings. Please include the project number (P-7269-026) on
any documents or motions filed.
The Commission's Rules of Practice and Procedure require all
intervenors 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 intervenor 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.
j. Description of Existing Facilities: The project consists of a
3.5-foot-high concrete diversion weir; a canal intake structure
equipped with trash racks, fish screens, and flowbays; a 5,350-foot-
long power canal; a penstock headworks; four 60-inch-diameter, 280-
foot-long penstocks; a powerhouse containing four, 300-kW propeller
turbine-generating units; and a .25-mile-long, 12.47-kilovolt
transmission line, and appurtenant facilities.
k. Description of Proceeding: 18 CFR 6.4 of the Commission's
regulations provides, among other things, that it is deemed to be the
intent of a licensee to surrender a license, if the licensee abandons a
project for a period of three years.
The project was issued a minor license in 1984 to Mrs. Boyd and her
husband, James B. Boyd. The project has not operated since June 2002
when its power purchase agreement expired. Sometime prior to that, Mr.
Boyd passed away, and Mrs. Boyd sold the project to Mr. Logan without
prior Commission approval. After the project was sold, Mr. Logan, who
had been a project representative on behalf of the licensees, became
the contact person for Commission staff. On December 24, 2002,
Commission staff from the Commission's Portland Regional Office
(Regional Office) directed Mr. Logan to file an application for
approval to transfer the license from Ms. Boyd to him. He failed to do
so.
The Regional Office conducted inspections of the project on June
20, 2003; April 27, 2004; June 22, 2006; and August 30, 2006.
Compliance issues (in addition to power generation shutdown and
unauthorized transfer of project property) were discovered, including
the failure to control vegetation growth (in the April 27, 2004
inspection), which was temporarily corrected, and the failure to remove
concrete panels from the dam to expedite fish passage during period of
power operations shutdown, and the failure to correct an oil leak from
the project's hydraulic hoses (in the June 22 and August 30, 2006
inspections).
Following its June 22, 2006 inspection, on July 7, 2006, the
Regional Office sent Mr. Logan a follow-up letter, noting once again
that the project had been transferred without Commission approval, and
had not been operated since June 2002. The Regional Office also noted
that the removal of the dam's concrete panels was needed to expedite
fish passage; that the inspection and repair of the project's hydraulic
hoses, supply lines, and connections were needed for operation of the
project's diversion gates; and that Mr. Logan should file proof of the
completion of these maintenance requirements.
On August 21, 2006, Mr. Logan responded, providing a schedule to
put the project back into operation by the Fall of 2007. On September
21, 2006, the Regional Office acknowledged the removal of the concrete
panels and inspection of the hoses and supply line, and required Mr.
Logan to file monthly progress reports on the repairs and modifications
necessary to bring the project back on line by the end of 2007.
According to Mr. Logan, activities required to restart operation
include installation of a new transmission line, purchase of new
underground cable, certification of the project as green power, and
repairs to the housing facility and turbines.
The project has not operated since 2002, when PacifiCorp terminated
its power sales contract with the licensee. The efforts of Mrs. Boyd
and Mr. Logan
[[Page 18372]]
to comply with project maintenance requirements have been slow and
spotty, occurring over extended periods and the project is still not
operating six years after power generation ceased. Mr. Logan's last
monthly report of the progress of project rehabilitation was filed
approximately a year and one half ago, and the reports that were filed
mostly were comprised of checklists of inspections and little project
rehabilitation progress. To date, the licensee has not made the
necessary repairs to resume operations at the project and the project
is hereby considered abandoned. On March 13, 2009, the Commission
issued an order dismissing application to transfer license and
initiating implied surrender proceeding.
l. Location of the Order: A copy of the order is available for
inspection and reproduction at the Commission in the Public Reference
Room or may 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.
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 proceeding.
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.
o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'', and ``RECOMMENDATIONS FOR TERMS AND
CONDITIONS'', as applicable, and the Project Number of the proceeding.
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. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address.
p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described proceeding. If an agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.
Kimberly D. Bose,
Secretary.
[FR Doc. E9-9173 Filed 4-21-09; 8:45 am]
BILLING CODE 6717-01-P