[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3308-3309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00385]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2368-000]
Algonquin Power and Utilities Corporation; Notice of Existing
Licensee's Failure To File Notice of Intent To File a New License
Application, Soliciting Pre-Application Documents and Notices of Intent
To File a License Application
The current license for Algonquin Power and Utilities Corporation's
(Algonquin) Squa Pan Hydroelectric Project No. 2368 was issued on
December 4, 1991, for a term of 30 years, ending December 3, 2021.\1\
The 1.5-megawatt (MW) project is located on Squa Pan Stream in
Aroostook County, Maine. The project does not occupy federal land.
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\1\ See Maine Public Service Company, 57 FERC 62,178 (1991).
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The principal project works consist of: (1) A 35-foot-high, 60-
foot-long reinforced concrete dam; (2) a 45-foot-high embankment dam,
consisting of a 330-foot-long northern section and a 370-foot-long
southern section; (3) a 24-foot-wide, 13.5-foot-high radial gate; (4) a
5,043-acre reservoir at a normal maximum water surface elevation of
603.2 feet National Geodetic Vertical Datum of 1929; (5) a 26-foot-
wide, 67-foot-long concrete powerhouse with a single 1.5-MW turbine-
generator unit; and (6) a 7.6-mile-long transmission line.
The project is subject to section 15 of the Federal Power Act
(FPA),\2\ which states that an existing licensee must ``notify the
Commission whether the licensee intends to file an application for a
new license or not . . . at least 5 years before the expiration of the
license.'' \3\ Section 5.5(d) of the Commission's regulations provides
that an existing licensee must file its notice of intent (NOI) no later
than five years before the existing license's expiration and section
5.6(a) of the Commission's regulations requires a potential applicant
to file a pre-application document (PAD) with its NOI. And, while the
integrated licensing process (ILP) is the default pre-filing process,
section 5.3(b) of the Commission's regulations allows a potential
license applicant to request to use alternative licensing procedures
when it files its NOI.
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\2\ See ordering paragraph (D) of the license.
\3\ 16 U.S.C. 808(b)(1) (2012).
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Pursuant to FPA section 15 and 18 CFR 16.9, any application for a
new license for this project must be filed with the Commission at least
24 months prior to the expiration of the existing license. Because the
current license expires on December 3, 2021, all applications for
license for this project must be filed by December 3, 2019.
Because the existing license expires on December 3, 2021, the NOI,
PAD, and any request to use alternative licensing procedures were due
to be filed no later than the close of business on December 5, 2016.\4\
No entity filed a timely NOI and PAD. However, Algonquin filed an NOI
on December 8, 2016, along with a request for an extension until August
2017 to file the
[[Page 3309]]
PAD and any request to use alternative licensing procedures.\5\
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\4\ The Commission's Rules of Practice and Procedure provide
that, if a filing deadline falls on a Saturday, Sunday, holiday, or
other day when the Commission is closed for business, the filing
deadline ``does not end until the close of . . . business on the
next business day. . . .'' 18 CFR 385.2007(a)(2) (2016). The filing
deadline was December 3, 2016, which fell on a Saturday. Thus, the
filing deadline was the close of business on Monday, December 5,
2016.
\5\ Algonquin's December 8, 2016, filing indicates it is working
to finalize the sale of the project to another entity by the end of
the first quarter of 2017 and the additional time would ``allow''
the potential purchaser time to prepare a PAD and select a licensing
process. We note however that any transfer of ownership would
require Commission approval. See FPA Section 8, 16 U.S.C. 801 (2012)
and 18 CFR part 9 (2016).
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Pursuant to 18 CFR 16.23(a), an existing licensee subject to
section 15 of the FPA that fails to file a an NOI at least 5 years
before the existing license expires shall be deemed to have filed a
notice indicating that it does not intend to file an application for
new license. Additionally, pursuant to 18 CFR 16.24(a), an existing
licensee that informs the Commission that it does not intend to file an
application, may not file an application for a new license for the
project, either individually or in conjunction with an entity or
entities that are not currently licensees of the project.
The Commission is not taking action on Algonquin's late-filed NOI
at this time; \6\ however, Algonquin's request to delay filing the PAD
or any request to use an alternative licensing process until August,
2017 is denied because the requested delay would unreasonably shorten
the time available for preparation of a license application and/or
conducting necessary studies. Instead, this notice sets a deadline of
120 days from the date of this notice for Algonquin and competing
applicants to file NOIs, PADs, and requests to use an alternative
licensing process.
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\6\ Algonquin indicates that its NOI was late due to
``administrative oversight.'' However, Commission staff sent letters
reminding Algonquin of the NOI deadline on April 1, 2015, and
February 10, 2016. In addition, Commission staff contacted Algonquin
via email on August 16, 2016 and September 27, 2016 and via phone on
March 15, 2016 and December 5, 2016, to remind it of the NOI
deadline. Algonquin suggests that due to a ``telecommunications
failure,'' it did not receive these messages.
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To the extent that Algonquin or any competing applicant elects or
is required to use the Commission's ILP, a process plan will be issued
within 180 days of this notice that accelerates the steps of the ILP to
allow for filing a new license application by the December 3, 2019,
deadline.
Questions concerning this notice should be directed to John Baummer
at (202) 502-6837 or [email protected].
Dated: January 5, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-00385 Filed 1-10-17; 8:45 am]
BILLING CODE 6717-01-P