99-10218. Notice of Transfer of License and Soliciting Comments, Motions To Intervene, and Protests

[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Notices]
[Pages 19997-19998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10218]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Transfer of License and Soliciting Comments, Motions To 
Intervene, and Protests

April 19, 1999.
    Take notice that the following application has been filed with the 
Commission and is available for public inspection:
    a. Application Type: Transfer of License.
    b. Project No.: 2554-006.
    c. Date Filed: March 29, 1999.
    d. Applicants: Moreau Manufacturing Corporation (MMC) and Niagara 
Mohawk Power Corporation (NMPC).
    e. Name of Project: Feeder Dam Hydroelectric Project.
    f. Location: On the Hudson River in Saratoga and Washington 
Counties, New York. The project does not occupy federal or tribal 
lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 8.
    h. Applicant Contacts: For MMC: Mr. Michael W. Murphy, Moreau 
Manufacturing Corporation, c/o Niagara Mohawk Power Corp., 300 Erie 
Boulevard West, Syracuse, NY 13202 [phone]. For NMPC: Mr. 
Stephen C. Palmer, Swidler Berlin Shereff Friedman, LLP, 3000 K Street, 
N.W., Suite 300, Washington, DC 20007 [phone].
    i. FERC Contact: Any questions on this notice should be addressed 
to James Hunter at [phone], or e-mail address: 
[e-mail].
    j. Deadline for filing comments and or motions: May 27, 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 (P-2554-006) on any comments or 
motions filed.
    k. Description of Proposals: Transfer of the license for this 
project from MMC, a wholly-owned subsidiary of NMPC, to NMPC is a 
corporate formality that will enable NMPC to proceed with the sale of 
all of NMPC's non-nuclear generating facilities.
    The transfer application was filed following the expiration of the 
license for Project No. 2554, which is the subject of a pending 
relicense application.\1\ In Hydroelectric Relicensing Regulations 
Under the Federal Power Act (54 FR 23,756; FERC Stats. and Regs. Regs. 
Preamble 1986-1990 30,854 at p. 31,437), 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 (id. at p. 31,438 n. 
318). The transfer would lead to the substitution of the transferee for 
the transferor as the applicant in the relicensing proceedings for 
Project No. 2554.
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    \1\ The Commission has authorized continued project operation. 
See Table of Notices of Authorization for Continued Project 
Operation, 66 FERC para. 61,145 (1994).
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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, 
D.C. 20426, or by calling [phone]. The application may be viewed 
on the web at 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.
    B. 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, 19 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.
    C1. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'',

[[Page 19998]]

``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.
    D2. 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.
David P. Boergers,
Secretary.
[FR Doc. 99-10218 Filed 4-22-99; 8:45 am]
BILLING CODE 6717-01-M