2010-13559. Notice Announcing Preliminary Permit Drawing

May 28, 2010.

In the matter of: Green Power Development, LLC, Alaska Power & Telephone Company, Project No. 12661-001, Project No. 13599-000.

On October 1, 2009, at 8:30 a.m., the Commission received two preliminary permit applications for proposed projects to be located at an unnamed lake designated as Lake 3160 in an unorganized borough near Juneau, Alaska.^[1] The applications were filed by Green Power Development, LLC, for Project No. 12661-001 and Alaska Power & Telephone Company, for Project No. 13599-000.

Where all permit applicants are municipalities or all permit applicants are non-municipalities, and no applicant's plans are better adapted than the others' to develop, conserve, and utilize in the public interest the water resources of a region, the Commission issues a permit to the applicant who filed first in time.^[2] In this case, because two applications from entities not claiming municipal preference are deemed filed at the same time, the Commission will conduct a random tie breaker to determine priority. In the event that the Commission concludes that neither applicant's plans are better adapted than the other, priority will be determined accordingly.

On June 8, 2010, at 2 p.m. (eastern time), the Secretary of the Commission, or her designee, will, by random drawing, determine the filing priority for the two applicants identified in this notice. The drawing is open to the public and will be held in room 2C, the Commission Meeting Room, located at 888 First St., NE., Washington, DC 20426. The results of the drawing will be recorded by the Secretary or her designee. A subsequent notice will be issued by the Secretary announcing the results of the drawing.

Kimberly D. Bose,

Secretary.

Footnotes

1.  The Commission is open each day from 8:30 a.m. to 5 p.m., except Saturdays, Sundays, and holidays. 18 CFR 375.101(c) (2009). The applications were filed between 5 p.m. on Wednesday September 30, 2009, and 8:30 a.m. on Thursday October 1, 2009. Under the Commission's Rules of Practice and Procedure, any document received after regular business hours is considered filed at 8:30 a.m. on the next regular business day. 18 CFR 385.2001(a)(2) (2009).

2.  18 CFR 4.37 (2009). See, e.g., BPUS Generation Development, LLC, 126 FERC ¶ 61,132 (2009).