[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Notices]
[Page 35019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14957]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2850-014--NY]
Hampshire Paper Company; Notice Rejecting Application, Waiving
Regulations, and Soliciting Applications
June 15, 2010.
On June 2, 2010, Hampshire Paper Company (Hampshire Paper),
licensee for the Emeryville Hydroelectric Project No. 2850, filed an
application for a new license for the project pursuant to Section
15(b)(1) of the Federal Power Act (Act). The license application was
untimely filed and is hereby rejected.\1\
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\1\ Hampshire Paper was issued a major license for the project
on June 17, 1982, for a term of 30 years, effective the first day of
the month in which the order was issued. 19 FERC ] 62,491 (1982).
The license therefore expired on May 31, 2012, and the statutory
deadline for filing a new license application was May 31, 2010. See
Sec. 15(c)(1), 16 U.S.C. 808(c)(1). Since May 31 was a legal
holiday, the deadline for filing a new license application was the
first business day following that day, June 1, 2010. See 18 CFR
385.2007 (2009).
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The project is located on the mainstem of the Oswegatchie River at
approximate river mile 70 in the hamlet of Emeryville, town of Fowler,
St. Lawrence County New York. The project consists of: (1) A 22-foot-
high concrete gravity dam with a 185-foot- long overflow spillway
equipped with 2.4-foot-high flashboards and a 4-foot-wide minimum flow
rectangular weir with a minimum elevation of 584.2 feet mean sea level
(msl); (2) a 35-acre reservoir with a normal water surface elevation of
586.6 feet msl; (3) a 37-foot-long by 33-foot-wide reinforced concrete
intake structure equipped with four headgates connected to; (4) a 123-
foot-long by 21-foot-wide steel reinforced wooden power flume equipped
with a trashrack with 2-inch clear spacing connected to; (5) a 60-foot-
long by 14-foot-diameter steel penstock leading to; (6) a powerhouse
containing a single generating unit with a rated capacity of 3,481
kilowatts for an estimated average annual generation of 18,400
megawatt-hours; (7) an 80-foot-long, 23-kilovolt transmission line; and
(8) appurtenant facilities.
As a result of the rejection of Hampshire Paper's application and
pursuant to Section 16.25 of the Commission's regulations, the
Commission is soliciting license applications from potential
applicants. This is necessary because the deadline for filing an
application for new license and any competing license applications,
pursuant to Section 16.9 of the Commission's regulations was June 1,
2010, and no other applications for license for this project were
filed. With this notice, we are waiving those parts of Section 16.24(a)
and 16.25(a) which bar an existing licensee that missed the two-year
application filing deadline from filing another application. Further,
since Hampshire Paper completed the consultation requirements pursuant
to Part 5 of the Integrated Licensing Process, we are waiving the
consultation requirements in Section 16.8 for the existing licensee.
Consequently, Hampshire Paper will be allowed to refile a license
application and compete for the license and the incumbent preference
established by the FPA Section 15(a)(2) will apply.\2\
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\2\ See Pacific Gas and Electric Co., 98 FERC ] 61,032 (2002),
reh'g denied, 99 FERC ]61,045 (2002), aff'd, City of Fremont v.
FERC, 336 F.3d 910 (9th Cir. 2003).
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The licensee is required to make available certain information
described in Section 16.7 of the regulations. For more information from
the licensee, please contact Mr. Michael McDonald, Facility Manager,
Hampshire Paper Company, Inc., P.O. Box 339, Gouverneur, New York
13642, (315) 287-1990, or Mr. Dana Dougherty, Stantec Consulting
Michigan, Inc., 3959 Research Park Drive, Ann Arbor, Michigan 48108,
(734) 761-1010.
Pursuant to Section 16.25(b), a potential applicant that files a
notice of intent within 90 days from the date of this notice: (1) May
apply for a license under Part I of the Act and Part 4 (except Section
4.38) of the Commission's Regulations within 18 months of the date on
which it files its notice; and (2) must comply with Sections 16.8 and
16.10 of the Commission's Regulations.
Questions concerning this notice should be directed to John
Baummer, (202) 502-6837 or [email protected].
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-14957 Filed 6-18-10; 8:45 am]
BILLING CODE 6717-01-P