[Federal Register Volume 63, Number 143 (Monday, July 27, 1998)]
[Notices]
[Pages 40115-40116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19963]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Notice of Application Filed With the Commission
July 21, 1998.
Take notice that the following hydroelectric application has been
filed with the Federal Energy Regulatory Commission and is available
for public inspection.
a. Type of Application: Transfer of Licenses.
b. Projects Nos.: (1) 2142-027, (2) 2194-002, (3) 2283-019, (4)
2284-019, (5) 2302-045, (6) 2322-028, (7) 2325-031, (8) 2329-026, (9)
2335-018, (10) 2519-026, (11) 2527-006, (12) 2528-052, (13) 2529-015,
(14) 2530-020, (15) 2531-024, (16) 2552-035, (17) 2556-012, (18) 2557-
009, (19) 2559-010, (20) 2612-008, (21) 2615-028, (22) 3133-013, and
(23) 9340-027.
c. Date filed: June 26, 1998.
d. Applicants: Central Maine Power Company (CMP), Union Water Power
Company (UWP), and FPL Energy Maine Hydro LLC (FPLE).
e. and f. Name and Location of Projects: (1) Indian Pond (Harris):
Kennebec River in Somerset and Piscataquis Counties, Maine; (2) Bar
Mills: Saco River in York County, Maine; (3) Gulf Island-Deer Rips:
Androscoggin River in Androscoggin County, Maine; (4) Brunswick:
Androscoggin River in Cumberland and Sagadahoc Counties, Maine; (5)
Lewiston Falls: Androscoggin River in Androscoggin County, Maine; (6)
Shawmut: Kennebec River in Kennebec and Somerset Counties, Maine; (7)
[[Page 40116]]
Weston, (8) Wyman, and (9) Williams: Kennebec River in Somerset County,
Maine; (10) North Gorham: Presumpscot River in Cumberland County,
Maine; (11) Skelton and (12) Cataract: Saco River in York County,
Maine; (13) Bonny Eagle: Saco River in York and Cumberland Counties,
Maine; (14) Hiram: Saco River in Oxford and Cumberland Counties, Maine;
(15) West Buxton: Saco River in York and Cumberland Counties, Maine;
(16) Fort Halifax: Sebasticook River in Kennebec County, Maine; (17)
Union Gas, (18) Rice Rips, and (19) Oakland: Messalonskee River in
Kennebec County, Maine; (20) Flagstaff: Dead River in Franklin and
Somerset Counties, Maine; (21) Brassua: Moose River in Somerset County,
Maine; (22) Errol: Androscoggin River in Oxford County, Maine, and Coos
County, New Hampshire; and (23) Kezar Falls: Ossipee River in York and
Cumberland Counties, Maine.
g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
h. Applicant Contacts:
For CMP: Mr. Michael A. Murphy, Central Maine Power Company, 41
Anthony Avenue, Augusta, ME 04330, (207) 621-4499.
For UP: Mr. Normand V. Rodrigue, Union Water Power Company, 150
Main Street, Lewiston, ME 04240, (207) 784-4501.
For FPLE: Mr. James B. Vasille, Steptoe & Johnson LLP, 1330
Connecticut Avenue, NW, Washington, DC 20036, (202) 429-6297.
i. FERC Contact: James Hunter, (202) 219-2839.
j. Comment Date: September 4, 1998.
k. Description of Transfer: Transfer of the licenses for these
projects to FPLE is being sought in connection with the divestiture by
CMP and UMP of substantially all their hydropower resources, pursuant
to Maine Public Law 1997, ch. 316, 35-A Sec. 3204, et seq. (An Act to
Restructure the State's Electric Industry). CMP, as co-licensee of
Brassua, and UP, as co-licensee of Errol, seek to transfer their
interest in the storage facilities for those projects to FPLE, leaving
unaffected the respective co-licensees' interest in the generating
facilities. The Union Gas, Rice Rips, and Oakland Projects, on the
Messalonskee River, were found non-jurisdictional on August 6, 1997. At
its July 15, 1998, meeting, the Commission, in Docket UL96-7-003, et
al., reversed the prior findings and concluded that the projects were
required to be licensed.
The transfer application was filed within five years of the
expiration of the licenses for Projects Nos. 2142, 2283, and 2612, the
last two of which are the subject of pending relicense applications. In
Hydroelectric Relicensing Regulations Under the Federal Power Act (54
Fed. Reg. 23,756; FERC Stats. and Regs. Preambles 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 Projects Nos. 2283 and
2612.
l. This notice also consists of the following standard paragraphs:
B, C1, and D2.
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, 18 CFR Sections
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.
C1. 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 is in response. Any of these documents must be filed
by providing the original and 8 copies to: The Secretary, Federal
Energy Regulatory Commission, 888 First Street, N.E., Washington, DC
20426. Motions to intervene must also be served upon each
representative of the applicant specified in the particular
application.
D2. Agency Comments--The Commission invites federal, state, and
local agencies to file comments on the described application. (Agencies
may obtain a copy of the application directly from the applicant.) If
an agency does not file comments within the time specified for filing
comments, the Commission will presume that the agency has none. One
copy of an agency's comments must also be sent to the applicant's
representatives.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-19963 Filed 7-24-98; 8:45 am]
BILLING CODE 6717-01-M
