[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Page 32459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13558]



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DEPARTMENT OF ENERGY



Federal Energy Regulatory Commission




Notice Announcing Preliminary Permit Drawing



May 28, 2010.

    In the matter of: Three Rivers Park District, Project No. 13457-

000, BOST1 Hydroelectric LLC, Project No. 13458-000.



    On May 1, 2009, at 8:30 a.m., the Commission received two 

preliminary permit applications for proposed projects to be located at 

the existing Coon Rapids Dam on the Mississippi River in Hennepin and 

Anoka Counties, Minnesota.\1\ The applications were filed by Three 

Rivers Park District, for Project No. 13457 and BOST1 Hydroelectric 

LLC, for Project No. 13458.

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    \1\ The Commission is open each day from 8:30 a.m. to 5 p.m., 

except Saturdays, Sundays, and holidays. 18 CFR 375.101(c) (2009). 

The applications were filed between 5 p.m. on Thursday April 30, 

2009, and 8:30 a.m. on Friday May 1, 2009. Under the Commission's 

Rules of Practice and Procedure, any document received after regular 

business hours is considered filed at 8:30 a.m. on the next regular 

business day. 18 CFR 385.2001(a)(2) (2009).

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    Where all permit applicants are municipalities or all permit 

applicants are non-municipalities, and no applicant's plans are better 

adapted than the others' to develop, conserve, and utilize in the 

public interest the water resources of a region, the Commission issues 

a permit to the applicant who filed first in time.\2\ In this case, 

because two applications from entities not claiming municipal 

preference are deemed filed at the same time, the Commission will 

conduct a random tie breaker to determine priority. In the event that 

the Commission concludes that neither applicant's plans are better 

adapted than the other, priority will be determined accordingly.

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    \2\ 18 CFR 4.37 (2009). See, e.g., BPUS Generation Development, 

LLC, 126 FERC ] 61,132 (2009).

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    On June 8, 2010, at 2 p.m. (eastern time), the Secretary of the 

Commission, or her designee, will, by random drawing, determine the 

filing priority for the two applicants identified in this notice. The 

drawing is open to the public and will be held in room 2C, the 

Commission Meeting Room, located at 888 First St., NE., Washington, DC 

20426. The results of the drawing will be recorded by the Secretary or 

her designee. A subsequent notice will be issued by the Secretary 

announcing the results of the drawing.



Kimberly D. Bose,

Secretary.

[FR Doc. 2010-13558 Filed 6-7-10; 8:45 am]

BILLING CODE 6717-01-P