2011-1724. Notice Announcing Preliminary Permit Drawing

January 20, 2011.

Lock Hydro Friends Fund XLIII	Project No. 13745-000
FFP Missouri 14, LLC	Project No. 13758-000
Solia 4 Hydroelectric, LLC	Project No. 13767-000

On May 18, 2010, at 8:30 a.m., the Commission received three preliminary permit applications for proposed projects to be located at the Monongahela River Lock & Dam No. 4 located on the Monongahela River in Washington County, Pennsylvania.^[1] The applications were filed by Lock Hydro Friends Fund XLIII, for Project No. 13745-000, FFP Missouri 14, LLC, for Project No. 13758-000, and Solia 4 Hydroelectric, LLC, for Project No. 13767-000.

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 three 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 no applicant's plans are better adapted than the others, priority will be determined accordingly.

On January 27, 2011, at 10 a.m. (Eastern Time), the Secretary of the Commission, or her designee, will, by random drawing, determine the filing priority for the three 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.

Footnotes

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) (2010). The applications were filed between 5 p.m. on Monday May 17, 2010, and 8:30 a.m. on Tuesday May 18, 2010. 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) (2010).

2.  18 CFR 4.37 (2010). See, e.g., BPUS Generation Development, LLC, 126 FERC ¶ 61,132 (2009).