[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Page 23477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09228]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 7656-012]
John A. Dodson; Notice of Proposed Termination of License by
Implied Surrender and Soliciting Comments, Protests and Motions To
Intervene
Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
a. Type of Proceeding: Proposed Termination of License by Implied
Surrender.
b. Project No.: 7656-012.
c. Date Initiated: April 14, 2016.
d. Licensee: John A. Dodson.
e. Name and Location of Project: Buttermilk Falls Hydroelectric
Project located on Buttermilk Falls Brook, in Orange County, New York.
f. Filed Pursuant to: Standard Article 16.
g. Licensee Contact Information: Mr. John A. Dodson, P.O. Box 221,
Highland Falls, New York 10928, Phone: (914) 446-7704.
h. FERC Contact: Mr. Ashish Desai, (202) 502-8370,
[email protected].
i. Deadline for filing comments, protests, and motions to intervene
is 30 days from the issuance date of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file comments,
protests, and motions to intervene using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. 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. For assistance, please contact FERC Online
Support at [email protected], (866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. The first page of any filing should
include docket number P-7656-012.
j. Description of Project Facilities: (1) An 18-inch-high, 15-foot-
long dam; (2) an 18-inch-diameter, 400-foot-long PVC penstock; (3) a
powerhouse containing two generating units for a total installed
capacity of 79 kilowatts; (4) a 300-foot-long, 480-volt transmission
line; and (5) appurtenant facilities.
k. Description of Proceeding: The licensee is in violation of
standard Article 16 of its license issued on June 24, 1986 (35 FERC ]
62,532). Article 16 states, in part: If the Licensee shall abandon or
discontinue good faith operation of the project or refuse or neglect to
comply with the terms of the license and the lawful orders of the
Commission mailed to the record address of the Licensee or its agent,
the Commission will deem it to be the intent of the Licensee to
surrender the license.
Commission records indicate that the project has not been operated
since the fall of 2012 when heavy storms flooded the powerhouse. Due to
an ongoing property rights dispute involving access to and the use of
lands needed for project purposes, the licensee has been reluctant to
repair the project and return it to service. In addition, the licensee
has not responded to several Commission requests to file a plan and
schedule to restore project operation in a timely manner.
l. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The notice and other project records may also be
viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the Docket number (P-7656-012) excluding the last
three digits in the docket number field to access the notice. You may
also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call toll-
free (866) 208-3676 or email [email protected]. For TTY, call
(202) 502-8659.
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,
and .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, protests, or motions to intervene should relate
to project works which are the subject of the implied surrender. 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.
Dated: April 15, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-09228 Filed 4-20-16; 8:45 am]
BILLING CODE 6717-01-P