Notice2024-13717
Christopher Anthony; Notice of Proposed Termination of Exemptions by Implied Surrender and Soliciting Comments, Motions To Intervene, and Protests
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Published
June 24, 2024
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 89 Issue 121 (Monday, June 24, 2024)</title>
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[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Notices]
[Pages 52446-52447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13717]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project Nos. 4293-006 and 8736-003]
Christopher Anthony; Notice of Proposed Termination of Exemptions
by Implied Surrender and Soliciting Comments, Motions To Intervene, and
Protests
Take notice that the following hydroelectric proceeding has been
initiated by the Commission and is available for public inspection:
a. Type of Proceeding: Proposed Termination of Exemptions by
Implied Surrender.
b. Project No: 4293-006 and 8736-003.
c. Date Initiated: June 14, 2024.
d. Applicant: Christopher Anthony.
e. Name of Projects: Waverly Avenue and Pioneer Dam.
f. Location: The projects are located on the Sebasticook River,
Somerset County, Maine. The projects do not include Federal lands.
g. Filed Pursuant to: 18 CFR 4.106.
h. Applicant Contact: Christopher Anthony, 46 Somerset Street,
Pittsfield, ME 04996, (207) 487-5049.
i. FERC Contact: David Rudisail, (202) 502-6376,
<a href="/cdn-cgi/l/email-protection#b0d4d1c6d9d49ec2c5d4d9c3d1d9dcf0d6d5c2d39ed7dfc6"><span class="__cf_email__" data-cfemail="472326312e23693532232e34262e2b072122352469202831">[email protected]</span></a>.
j. Resource Agency Comments: Federal, State, local and Tribal
agencies are invited to file comments on the described proceeding. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments.
k. Deadline for filing comments, motions to intervene, and
protests: July 22, 2024.
The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at <a href="http://www.ferc.gov/docs-filing/efiling.asp">http://www.ferc.gov/docs-filing/efiling.asp</a>.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at <a href="http://www.ferc.gov/docs-filing/ecomment.asp">http://www.ferc.gov/docs-filing/ecomment.asp</a>. For assistance, please contact FERC Online
Support at <a href="/cdn-cgi/l/email-protection#d2949780919dbcbebbbcb781a7a2a2bda0a692b4b7a0b1fcb5bda4"><span class="__cf_email__" data-cfemail="064043544549686a6f686355737676697472466063746528616970">[email protected]</span></a>, (866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, you may submit a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first
page of any filing should include the docket number P-4293-006.
Comments emailed to Commission staff are not considered part of the
Commission record.
The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor 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.
l. Description of Project Facilities: The Waverly Project works
include: an 11-foot-high, 220 foot-long concrete encased timber crib
dam; a 40-foot-long gate section at the west dam abutment; a 560 acre
reservoir with a storage capacity of 560 acre-feet at elevation 213
mean sea level (msl); a forebay intake structure; a powerhouse
containing turbine-generator units with a combined capacity of 700 kW;
a 200-foot-long transmission line; and appurtenant facilities. The
project has not generated power since 2017.
The Pioneer Dam Project works include: an 8-foot-high, 170-foot-
long concrete gravity dam, leased from the town of Pittsfield, with 2-
foot-high flashboards and a crest elevation of 204 msl; a 400-foot-long
wingwall; a 250-foot-long retaining wall; a 30-acre reservoir at
elevation 202 msl; a 25-foot by 35-foot concrete forebay; an intake
structure; a 26-foot by 26-foot powerhouse containing two turbine-
generator units with a capacity of 150 kW each; a 130-foot-long
transmission line; and appurtenant facilities. The project has not
generated power since 2018.
m. Description of Proceeding: The exemptee is in violation of
Standard Article 1 of the exemptions, which were granted on July 18,
1983, (24 FERC section 62,034) and June 3, 1985 (31 FERC section
62,280) for the Waverly and Pioneer Dam projects, respectively. The
Commission's regulation 18 CFR 4.106 provides, among other things, that
the Commission reserves the right to revoke an exemption if any term or
condition of the exemption is violated.
In February 2020, November 2022, August 2023, and January of 2024,
the Commission sent letters to the exemptee requiring them to file
overdue reports, make necessary repairs, and restore operation of the
projects or surrender the exemptions. The exemptee has not
[[Page 52447]]
filed the overdue reports, made the repairs, or filed the surrender
applications.
n. Location of the Order Granting Exemption for each project may be
viewed on the Commission's website at <a href="http://www.ferc.gov">http://www.ferc.gov</a> using the
``eLibrary'' link. Enter the docket number (P-4293 or P-8736) excluding
the last three digits in the docket number field to access the
document. You may also register online at <a href="http://www.ferc.gov/docs-filing/esubscription.asp">http://www.ferc.gov/docs-filing/esubscription.asp</a> to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or email <a href="/cdn-cgi/l/email-protection#c5838097868aaba9acaba096b0b5b5aab7b185a3a0b7a6eba2aab3"><span class="__cf_email__" data-cfemail="591f1c0b1a16373530373c0a2c2929362b2d193f3c2b3a773e362f">[email protected]</span></a>, for TTY, call
(202) 502-8659.
o. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
p. 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, respectively. 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.
q. Filing and Service of 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 commenting, 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. Any filing made by an intervenor 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
385.2010.
r. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#6a253a3a2a0c0f1809440d051c"><span class="__cf_email__" data-cfemail="430c131303252631206d242c35">[email protected]</span></a>.
Dated: June 14, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-13717 Filed 6-21-24; 8:45 am]
BILLING CODE 6717-01-P
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