E4-842. Notice of Declaration of Intention and Soliciting Comments, Protests, and/or Motions To Intervene

April 9, 2004.

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

a. Application Type: Declaration of Intention.

b. Docket No.: DI04-5-000.

c. Date Filed: March 11, 2004.

d. Applicant: Florida Hydro Power and Light Company, 171 Comfort Road, Palatka, FL 32177, telephone [phone].

e. Name of Project: Gulf Stream Ocean Current Electricity Project.

f. Location: The proposed Gulf Stream Ocean Current Electricity Project, a cluster of electricity production units (EPU) connected by undersea transmission cables to a series of monitoring stations, would be located in a 1,000 square mile area on and off the Florida coast between Miami and Palm Beach. The initial project land station will be located on Singer Island in the City of Riviera Beach, Palm Beach County, Florida, connected by a transmission line to an EPU more than 3 miles offshore in the Atlantic Ocean.

g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b).

h. Applicant Contact: Michael J. Hoover, Florida Hydro Power and Light Company, 171 Comfort Road, Palatka, FL 32177, telephone [phone], fax [phone], e-mail: [e-mail].

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

j. Deadline for Filing Comments and/or Motions: May 10, 2004.

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. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at http://www.ferc.gov under the “e-Filing” link.

Please include the docket number (DI04-5-000) on any comments or motions filed.

k. Description of Project: The proposed Gulf Stream Ocean Current Electricity Project would anchor a cluster of Electricity Production Units (EPU) more than three miles offshore, in a 1,000-square-mile area off the Florida coast between Miami and Palm Beach. Each EPU is approximately 240 feet long, with two counter-rotating fiberglass blades, and will incorporate buoyancy and anchoring systems, electrical generators, and transmission cables. The units would be anchored to the sea floor at a depth of more than 200 feet, eight per mile, and would generate approximately three megawatts of electricity, using the Gulf Stream current. The units would be connected to on-shore monitoring stations via undersea transmission cables. These on-shore stations will monitor pressure, temperature, vibration, RPM, and power output, and would be connected to an interstate power grid. The initial project would be located more than three miles offshore of the City of Riviera Beach, with a transmission line connecting to a land station on Singers Island. This land station would be connected to an interstate grid.

When a Declaration of Intention is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the interests of interstate or foreign commerce would be affected by the project. The Commission also determines whether or not the project: (1) Would be located on a navigable waterway; (2) would occupy or affect public lands or reservations of the United States; (3) would utilize surplus water or water power from a government dam; or (4) if applicable, has involved or would involve any construction subsequent to 1935 that may have increased or would increase the project's head or generating capacity, or have otherwise significantly modified the project's pre-1935 design or operation.

l. Locations of the Application: Copies of this filing are on file with the Commission and are available for public inspection. This filing may be viewed on the Web at http://www.ferc.gov using the “e-Library” link, select “Docket#” and follow the instructions. For assistance, please contact FERC Online Support at [e-mail] or toll-free at [phone], or TTY, contact [phone].

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, .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.

o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “PROTESTS”, AND/OR “MOTIONS TO INTERVENE”, as applicable, and the Docket 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.

Linda Mitry,

Acting Secretary.