[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16099-16100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7149]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 9907-018]
Mr. Jerry McMillan and Ms. Christine Smith; Notice of Termination
of License by Implied Surrender and Soliciting Comments, Protests, and
Motions To Intervene
March 24, 2010.
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.: P-9907-018
c. Licensees: Mr. Jerry McMillan and Ms. Christine Smith
d. Name of Project: Sunshine Power Project
e. Location: The Sunshine Power Project is located on Lake Creek in
Lemhi County, Idaho.
f. Issued Pursuant to: 18 CFR 6.4.
g. Licensee Contact: Mr. Jerry McMillan, 1157 North Hughes Street,
Centerville, UT 84014, (801) 808-6997.
h. FERC Contact: Kelly Houff, (202) 502-6393, [email protected].
i. Deadline for filing responsive documents: April 26, 2010.
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-9907-018) 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 the
following facilities: (1) An existing earthfill 10-foot-high Lake Creek
diversion dam; (2) an existing 15-inch-diameter, 2,300-foot-long buried
PVC penstock; (3) a powerhouse containing one generating unit with a
rated capacity of 110 kilowatts; (4) a 200-foot-long, 34.5-kV
transmission line connected to Idaho Power Company lines; (5) a wooden
fish ladder in a riprap-lined spillway; and (6) appurtenant facilities.
k. Description of Proceeding: Section 6.4 of the Commission's
regulations (18 CFR 6.4) 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 Director of Hydropower Licensing issued a 50-year license to A.
W. Brown, Co. for the Sunshine Power Project on March 20, 1987 (38 FERC
] 62,282). The project was transferred to Mr. Jerry McMillan and Ms.
Christine Smith by order on February 23, 1996 (74 FERC ] 62,092). On
January 26, 2006, Ms. Smith informed the Commission that in August of
2005, Mr. McMillan deeded Ms. Smith his interest in the Sunshine
Project. In response, on April 6, 2006, Commission staff requested Ms.
Smith file an application for transfer of license with the Secretary of
the Commission. Ms. Smith failed to file a transfer application.
On August 13, 2007, Commission staff received a letter from Ms.
Smith stating that she had sold the project to Ms. Claudia Burkhart.
Commission staff wrote to Ms. Burkhart on August 21, 2008, stating that
she needed to file a transfer of license application with the
Commission's Secretary. Once again, no transfer application was filed.
According to Commission records, the project has not operated since
October 1, 2008, and the owner does not intend to bring the project
back into operation. On October 19, 2009, Commission staff wrote Ms.
Burkhart requesting she file either a detailed plan and schedule to
resume generation at the project along with a transfer of license
application, or a request to voluntarily surrender the license. No
response was filed. On January 13, 2010, Commission staff sent a letter
to Mr. McMillan and Ms. Smith, with a copy to Ms. Burkhart, requesting
them to show cause why the Commission should not initiate a proceeding
for terminating the license based upon implied surrender. No response
was filed to the show cause letter.
l. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street,
NE., Washington, DC 20426. The filing may also be viewed on the Web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number, here P-9907-018, in the docket number field to access the
document. For assistance, call toll-free 1-866-208-3676 or e-mail
[email protected]. For TTY, call (202) 502-8659. A copy is
also available for review and reproduction at the address in item g
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 a
protest or a motion to intervene in accordance with the requirements of
Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214.
In determining the appropriate action to take, the Commission will
consider all protests 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 protests or motions to intervene must be
received on or before the specified deadline date for the particular
application.
o. Filing and Service of Responsive Documents--All filings must (1)
bear in all capital letters the title ``PROTEST'', ``MOTION TO
INTERVENE,'' ``COMMENTS'', ``RECOMMENDATIONS FOR TERMS AND CONDITIONS:
(2) set forth in the heading the project number of the proceeding to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, or terms and conditions must set forth their
evidentiary basis and otherwise
[[Page 16100]]
comply with the requirements of 18 CFR 4.34(b). Any of the above
mentioned documents must be filed by providing the original and eight
copies 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,
Office of Energy Projects, Federal Energy Regulatory Commission, at the
above address.
p. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described proceeding. If any 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. 2010-7149 Filed 3-30-10; 8:45 am]
BILLING CODE 6717-01-P