2010-27400. Eagle and Phenix Hydro Company, Inc. and UPtown Columbus, Inc.; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

October 21, 2010.

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

a. Types of Application: Surrender of License and Surrender of Exemption, respectively.

b. Project Nos.: 2655-045 and 8519-009, respectively.

c. Date Filed: August 23, 2010.

d. Applicants: Eagle and Phenix Hydro Company, Inc. and UPtown Columbus Inc., respectively.

e. Name of Projects: Eagle and Phenix Mills and City Mills Hydroelectric Projects.

f. Location: Lower Chattahoochee River Basin on the main stem of the Chattahoochee River in the City of Columbus, Muscogee County, Georgia, and Phenix City, Russell County, Alabama.

g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

h. Applicant Contact: Mr. Donald H. Clarke, Esq., Law Office of GKRSE, 1500 K Street, NW., Suite 330, Washington, DC 20005, [phone].

i. FERC Contact: Mr. Jeremy Jessup, [phone], [e-mail].

j. Deadline for filing comments, motions to intervene, and protests, is 30 days from the issuance date of this notice. All documents may be filed electronically via the Internet. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at http://www.ferc.gov/​docs-filing/​efiling.asp. If unable to be filed electronically, documents may be paper-filed. To paper-file, an original and seven copies should be mailed to: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/​docs-filing/​ecomment.asp. You must include your name and contact information at the end of your comments.

Please include the project numbers (P-2655-045 and P-8519-009) on any comments, motions, or recommendations filed.

k. Description of Request: The applicant proposes to surrender the license and exemption for the Eagle and Phenix Mills (P-2655) and City Mills (P-8519) Hydroelectric Projects, respectively. The applicant states that the surrenders are necessary for the initiation of the Aquatic Ecosystem Restoration of the Chattahoochee River. The applicant also states that the ecosystem restoration project would involve the partial removal of the Eagle and Phenix Mills and City Mills Dams.

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, DC 20426, or by calling [phone]. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov/​docs-filing/​efiling.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/​docs-filing/​esubscription.asp to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail [e-mail], for TTY, call [phone]. 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.

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 filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene, or protests should relate to project works which are the subject of the license surrender. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. If an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

Kimberly D. Bose,

Secretary.