Notice2023-02557
Erie Boulevard Hydro Power, L.P.; Hudson River-Black River Regulating District; Notice of Petitions for Declaratory Order
Primary source
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Published
February 7, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Page 7972]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02557]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project Nos. 2318-054,12252-036; Project Nos. 2318-053, 12252-035]
Erie Boulevard Hydro Power, L.P.; Hudson River--Black River
Regulating District; Notice of Petitions for Declaratory Order
Take notice that on January 25, 2023, pursuant to Rule 207(a)(2) of
the Federal
Energy Regulatory Commission's (Commission) Rules of Practice and
Procedure, Hudson River--Black River Regulating District (District)
filed a petition for declaratory order in Project Nos. 2318-053 and
12252-035 requesting the Commission declare that Erie Boulevard Hydro
Power, L.P. (Erie Boulevard), the licensee for the E.J. West Project
No. 2318, must continue to maintain a necessary property interest in
the head created, owned, and controlled by the District as part of the
Great Sacandaga Lake Project No. 12252 (GSL Project), as more fully
explained in the petition.
On January 27, 2023, pursuant to Rule 207(a)(2) of the Commission's
Rules of Practice and Procedure, Erie Boulevard filed a petition for
declaratory order in Project Nos. 2318-054 and 12252-036 requesting the
Commission declare that the Federal Power Act preempts the regulatory
authority of the District to assess charges under state law to Erie for
releases from the District's GSL Project and that the District is
precluded from materially changing its operation of the GSL Project by
diverting releases around Erie Boulevard's E.J. West Project No. 2318
or significantly modifying the timing of GSL Project releases without
prior Commission authorization, as more fully explained in the
petition.
Any person desiring to intervene or to protest these filings must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the petitioners.
Any person wishing to comment on the petitions may do so. The
Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at <a href="http://www.ferc.gov">http://www.ferc.gov</a>. Persons unable to file electronically may mail similar
pleadings to the Federal Energy Regulatory Commission, 888 First
Street, NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (<a href="http://ferc.gov">http://ferc.gov</a>) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at <a href="/cdn-cgi/l/email-protection#b7f1f2e5f4f8d9dbded9d2e4c2c7c7d8c5c3f7d1d2c5d499d0d8c1"><span class="__cf_email__" data-cfemail="561013041519383a3f383305232626392422163033243578313920">[email protected]</span></a> or call toll-free,
(886) 208-3676 or TYY, (202) 502-8659.
Comment Date: 5 p.m. Eastern time on March 6, 2023.
Dated: February 1, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-02557 Filed 2-6-23; 8:45 am]
BILLING CODE 6717-01-P
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</html>Indexed from Federal Register on February 7, 2023.
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