01-28469. Notice of Temporary Variance Request and Soliciting Comments, Motions To Intervene, and Protests

November 7, 2001.

Take notice that the following application has been filed with the Commission and is available for public inspection:

a. Application Type: Request for Continued Temporary Variance.

b. Project No: 2210-071.

c. Date Filed: October 31, 2001.

d. Applicant: Appalachian Power Company/dba American Electric Power.

e. Name of Project: Smith Mountain Project.

f. Location: The project is located on the Roanoke River in Bedford, Franklin, Campbell, Pittsylvania, and Roanoke Counties, Virginia.

g. Filed Pursuant to: 18 CFR 4.200.

h. Applicant Contact: Frank M. Simms, American Electric Power, 1 Riverside Plaza, Columbus, OH 43215-2373, [phone].

i. FERC Contact: Any questions on this notice should be addressed to Mr. Robert Fletcher at [phone], or e-mail address: [e-mail].

j. Deadline for filing comments and or motions: (December 3, 2001).

All documents (original and seven copies) should be filed with: David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. 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.

Please include the project number (P-2210-071) on any comments or motions filed.

k. Description of Request: The licensee is requesting to extend the 45-day variance to the minimum flow requirements of article 29 of its license for the Smith Mountain Project currently in effect through midnight on April 15, 2002. The licensee is concerned that adequate water may not be available from the project to provide the increased releases necessary for the upcoming spring striped bass spawning season and correspondingly maintain reservoir levels in the Smith Mountain reservoir for the recreation season given the current drought situation in the area. The licensee continues to consult with the various resource agencies, non-governmental organizations and the various stakeholders upstream and downstream of the project regarding the flows that should be released during the variance period.

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 also be viewed on the web at http://www.ferc.gov using the “RIMS” link, select “Docket#” and follow the instructions (call 202-208-2222 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.

n. 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 Procedure, 18 CFR 385.210, 385.211, 385.214. 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.

o. 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. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application.

p. 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.