99-26019. Notice of Joint Application for Approval of Transfer of License, for Conforming Amendments to Project Description and Soliciting Comments, Motions To Intervene, and Protests

[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Notices]
[Pages 54290-54291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26019]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Joint Application for Approval of Transfer of License, 
for Conforming Amendments to Project Description and Soliciting 
Comments, Motions To Intervene, and Protests

September 30, 1999.
    Take notice that the following application has been filed with the 
Commission and is available for public inspection:
    a. Application Type: Request for Joint Approval to Transfer License 
and to Amend Project Boundary and Description.
    b. Project Nos.: 2312-012 (Amendment of License) and 2312-011 
(Transfer of License).
    c. Date Filed: September 23, 1999.
    d. Applicants: Fort James Operating Company (Fort James) and PP&L 
Great Works, LLC (Great Works).
    e. Name of Project: Great Works Hydroelectric Project.
    f. Location: The project is located on the Penobscot River near the 
Town of Great Works, Penobscot County, Maine.
    g. Filed Pursuant to: Federal Power Act, 16 USC Secs. 791(a), 
825(r) and Secs. 799 and 801.
    h. Applicant Contacts:
    For Fort James Operating Company (Transferor):

Mr. Clifford A. Cutchins, IV, Fort James Operating Company, 1650 Lake 
Cook Road, Deerfield, IL 60015-0089, [phone].
James M. Costan, McGuire, Woods, Battle & Boothe LLP, 1050 Connecticut 
Avenue, N.W., Suite 1200, Washington, D.C. 20036, [phone].

    For PP&L Great Works, LLC (Transferee):

Robert W. Burke, Jr., PP&L Great Works, LLC, 11350 Random Hills Road, 
Suite 400, Fairfax, VA 22030-6044, [phone].
H. Liza Moses, Le Boeuf, Lamb, Greene & McRae, L.L.P., 125 West 55th 
Street, New York, NY 10019-5389, [phone].

    i. FERC Contact: Any questions on this notice should be addressed 
to Mr. Lynn R. Miles, Sr. at [phone], or e-mail address: 
[e-mail].
    j. Deadline for filing comments and or motions: November 8, 1999.
    All documents (original and eight copies) should be filed with: 
David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 
First Street, N.E., Washington DC 20426.
    Please include the project number (2312-011) on any comments or 
motions filed.
    k. Description of Request: Fort James and Great Works request 
Commission authorization to transfer the Project license, FERC No. 
2312, to Great Works in connection with Fort James' planned sale of its 
hydroelectric dam and associated structures and lands on the Penobscot 
River. The two parties also seek authorization to amend Exhibit K to 
delete lands that are not necessary and appropriate to the operation 
and maintenance of the Great Works Dam and to identify certain 
facilities within and adjacent to the powerhouse that Fort James will 
retain that are not necessary or appropriate to the operation and 
maintenance of the dam but are essential to the operation of its Old 
Town Paper Mill.
    The transfer application was filed within five years of the 
expiration of the license for Project No. 2312.\1\ In Hydroelectric 
Relicensing Regulations Under the Federal Power Act, 54 FR 23,756 (June 
2, 1989); FERC Statutes and Regulations, Regulations Preambles 1986-
1990 para. 30,854 at p. 31,438 n. 318 (May 17, 1989) (Order No. 513), 
the Commission declined to forbid all license transfers during the last 
five years of an existing license, and instead indicated that it would 
scrutinize all such transfer requests to determine if the transfer's 
primary purpose was to give the transferee an advantage in relicensing, 
such as when a transfer is intended to escape consideration of a 
transferor's poor compliance record.
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    \1\ On March 28, 1997, James River Paper Company, Inc. submitted 
a Notice of Intent to File Application for New License by March 31, 
2000. Subsequently, an Order Amending License was issued on 
September 29, 1997, changing the company name from James River-
Norwalk, Incorporated to Fort James Operating Company.
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    l. Locations of the Application: A copy of the application is 
available for inspection and reproduction at the Commission's Public 
Reference Room, located at 888 First Street, NE, Room 2A, Washington, 
DC 20426, or by calling [phone]. This filing may be viewed on 
http://www.ferc.fed.us/online/rims.htm (call [phone] for 
assistance). A copy is also available for inspection and reproduction 
at the address in item h above.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    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

[[Page 54291]]

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 particular 
application.
    Filing and Service of Responsive Documents--Any filings must bear 
in all capital letters the title COMMENTS, RECOMMENDATIONS FOR TERMS 
AND CONDITIONS, PROTEST, or MOTION TO INTERVENE, as applicable, and the 
Project Number of the particular application to which the filing 
refers. 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. A copy of any motion to 
intervene must also be served upon each representative of the Applicant 
specified in the particular application.
    Agency Comments--Federal, state, and local agencies are invited to 
file comments on the described application. A copy of the application 
may be obtained by agencies directly from the Applicant. If an agency 
does not file comments within the time specified for filing comments, 
it will be presumed to have no comments. One copy of an agency's 
comments must also be sent to the Applicant's representatives.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-26019 Filed 10-5-99; 8:45 am]
BILLING CODE 6717-01-M