03-3364. Notice of Unlicensed Project Review and Soliciting Comments, Protests and Motions To Intervene

February 5, 2003.

The following notice was issued by the Commission on December 30, 2002, and appeared in the Federal Register. The notice was inadvertently omitted from a newspaper publication.

Take notice that the following review has been initiated by the Commission:

a. Review Type: Unlicensed project.

b. Docket No: UL02-2-000.

c. Owner: Indian River Power Supply, LLC.

d. Name of Project: Russell/Westfield Paper Company Dam Project.

e. Location: The project is located on the Westfield River, in the town of Russell, Hampden County, Massachusetts. This project does not occupy Federal lands or tribal lands.

f. FERC Contact: Any questions on this notice should be addressed to Henry Ecton [phone], or E-mail address: [e-mail].

g. Deadline for filing comments, protests, and/or motions to intervene: March 5, 2002.

All documents (original and eight copies) should be filed with: Magalie R. Salas, 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. Any questions, please contact the Secretary's Office. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at http://www.ferc.gov.

Please include the docket number (UL02-2-000) on any comments, protests, or motions to intervene filed.

h. Description of Project: The Russell/Westfield Paper Company Dam Project, a run-of-river project, consists of: (1) A reservoir of 10 acres in area; (2) an existing 150-foot-long, 4-to-22-foot-high concrete gravity dam; (3) a powerhouse of concrete and wood construction, containing two horizontal generator units with a combined output of 705 kW; (4) two steel penstocks, each 7.625 feet in diameter and 60 feet long; (5) an earth embankment with a sheetpile core, along the left bank of the river; and (6) appurtenant facilities.

Pursuant to section 23(b)(1) of the Federal Power Act ( FPA), 16 U.S.C. 817(1), a non-Federal hydroelectric project must (unless it has a still-valid pre-1920 Federal permit) be licensed if it (1) is located on a navigable water of the United States; (2) occupies lands of the United States; (3) utilizes surplus water or water power from a government dam; or (4) is located on a body of water over which Congress has Commerce Clause jurisdiction, project construction occurred on or after August 26, 1935, and the project affects the interests of interstate or foreign commerce. The purpose of this notice is to gather information to determine whether the existing project meets any or all of the above criteria, as required by the FPA.

i. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

j. 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, .211, .214. In determining the appropriate action to take, the Commission will consider all protests, 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 comment date for the particular application.

k. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Docket Number of the particular review.

l. Agency Comments—Federal, state, and local agencies are invited to file comments on the described review. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments.

Magalie R. Salas,

Secretary.