Notice2024-22427
Pan Pacific Hydro, Inc.; Notice of Proposed Termination of Exemption by Implied Surrender and Soliciting Comments, Motions To Intervene, and Protests
Primary source
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Published
October 1, 2024
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 89 Issue 190 (Tuesday, October 1, 2024)</title>
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[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Notices]
[Pages 79908-79909]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22427]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 6959-004]
Pan Pacific Hydro, Inc.; Notice of Proposed Termination of
Exemption 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 Exemption by Implied
Surrender.
b. Project No: 6959-004.
c. Date Initiated: September 24, 2024.
d. Applicant: Pan Pacific Hydro, Inc.
e. Name of Projects: Weber Flat Hydroelectric Project.
f. Location: This project is located on the West Fork of Trinity
Alps Creek near Weaverville, in Trinity County, California. The project
does not occupy Federal lands.
g. Filed Pursuant to: 18 CFR 6.4.
h. Applicant Contact: Brian Ring, Pan Pacific Hydro, PO Box 12219,
Zephyr Cove, NV, 89448, (775) 588-7300.
i. FERC Contact: Rebecca Martin, (202) 502-6012,
<a href="/cdn-cgi/l/email-protection#81d3e4e3e4e2e2e0afece0f3f5e8efc1e7e4f3e2afe6eef7"><span class="__cf_email__" data-cfemail="e6b4838483858587c88b8794928f88a680839485c8818990">[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: November 8, 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
[[Page 79909]]
contact FERC Online Support at <a href="/cdn-cgi/l/email-protection#d0969582939fbebcb9beb583a5a0a0bfa2a490b6b5a2b3feb7bfa6"><span class="__cf_email__" data-cfemail="8fc9caddccc0e1e3e6e1eadcfaffffe0fdfbcfe9eafdeca1e8e0f9">[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-
6959-004. 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 project works include a
5-foot-high, concrete diversion structure; a 1,900-foot-long, 24-inch
diameter above-ground penstock connected to a 1,000 foot, 18-inch-
diameter buried penstock; a powerhouse containing one generating units
with a total installed capacity of 750 kilowatts, and appurtenant
facilities. The project has historically operated as run-of-river but
has not operated since 2008 when it lost its power purchase agreement.
m. Description of Proceeding: The licensee has not complied with
Standard Article 16 of the license which was issued on May 12, 1983 (23
FERC 62,205). Article 16 states that if the licensee abandons or
discontinues good faith operation of the project or refuses or neglects
to comply with the terms of the license and the lawful orders of the
Commission, the Commission will deem it to be the intent of the
licensee to surrender the license.
Commission staff issued a letter, on September 26, 2019, requesting
a plan and schedule to resume project operation or surrender of the
license. On February 26, 2019, we granted an extension of time until
August 2, 2019. On October 15, 2020, a second extension of time was
requested, which was granted on October 20, 2020, and the filing date
was extended to July 15, 2021. On March 15, 2023, Commission staff
issued another letter requesting a plan and schedule to restore the
project to operation or an application to surrender the exemption by
April 14, 2023. On April 13, 2023, an additional extension of time was
requested to allow for sale of the project. Commission staff issued the
extension of time on May 4, 2023, granting until August 2, 2023, to a
transfer agreement. To date, no additional filings have been made. On
August 13, 2024, Commission staff issued a letter notifying the
exemptee that it would be initiating implied surrender proceedings.
n. Location of the license for the 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-6959) 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#8ec8cbdccdc1e0e2e7e0ebddfbfefee1fcfacee8ebfceda0e9e1f8"><span class="__cf_email__" data-cfemail="4c0a091e0f0322202522291f393c3c233e380c2a293e2f622b233a">[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#b3fce3e3f3d5d6c1d09dd4dcc5"><span class="__cf_email__" data-cfemail="19564949597f7c6b7a377e766f">[email protected]</span></a>.
Dated: September 24, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-22427 Filed 9-30-24; 8:45 am]
BILLING CODE 6717-01-P
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