Willis D. Deveny; Notice of Existing Licensee's Failure To File a Timely Notice of Intent To File a Subsequent License Application, and Soliciting Notices of Intent To File a License Application and Pre-Application Documents

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<title>Federal Register, Volume 91 Issue 194 (Thursday, October 8, 2026)</title>
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[Federal Register Volume 91, Number 194 (Thursday, October 8, 2026)]
[Notices]
[Page 64368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20577]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4025-000]


Willis D. Deveny; Notice of Existing Licensee's Failure To File a 
Timely Notice of Intent To File a Subsequent License Application, and 
Soliciting Notices of Intent To File a License Application and Pre-
Application Documents

    The current license for Shingle Creek Hydroelectric Project No. 
4025 (Shingle Creek Project) was issued to the original licensee, 
Willis D. Deveny, on September 30, 1981.\1\ The original license was 
issued for a term of 50 years, ending August 31, 2031. The 224-kilowatt 
(kW) project is located on Shingle Creek in Idaho County, Idaho.
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    \1\ See Willis D. Deveny, 16 FERC ] 62,623 (1981).
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    The project consists of: (a) a 3-foot-wide, 2-foot-high concrete 
diversion/intake structure headgate located on North Fork Shingle 
Creek; (b) a 3,100-foot-long, 10-inch-diameter plastic PVC pipe; (c) a 
200-foot-long, 10-inch-diameter iron pipe; (d) a 3-foot-wide, 2-foot-
high concrete diversion headgate located on South Fork Shingle Creek; 
(e) a 3,000-foot-long, 12-inch-diameter plastic PVC pipe; (f) a 12-
foot-long square cinder block powerhouse containing two generating 
units, one rated at 65 kW and one rated at 55 kW; (g) a 300-foot long 
transmission line; and (h) appurtenant facilities.
    At least five years before the expiration of a license for a minor 
water power project in which sections 14 and 15 of the Federal Power 
Act were waived, the Commission's regulations require the licensee to 
file with the Commission a notice of intent (NOI) that contains an 
unequivocal statement of the licensee's intention to file or not to 
file an application for a subsequent license, details on the principal 
project works and installed plant capacity, and other information.\2\
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    \2\ 18 CFR 16.19(b) (2025) (citing 18 CFR 16.6(b)). Section 
16.19(b) applies to licenses not subject to Parts 14 and 15 of the 
Federal Power Act.
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    If such a licensee does not inform the Commission that it intends 
to file an application for, in this case, a subsequent license for the 
project, the licensee may not file an application for a subsequent 
license, either individually or in conjunction with an entity or 
entities that are not currently licensees of the project.\3\
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    \3\ Id. at Sec.  16.24(b).
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    Because the current license expires on August 31, 2031, the NOI was 
due to be filed no later than the close of business on August 31, 2026. 
The current licensee for the Shingle Creek Project failed to file an 
NOI by this date.\4\
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    \4\ On September 2, 2026, Mike Denevy, the son of Willis and 
Betty Deveny, filed a letter indicating that both parents passed 
away and their estate has not been settled. He also indicated that 
he would like to proceed with re-licensing the project. However, the 
filing was not in conformance with the noticing requirements of 
section 5.5 of the Commission's regulations, because among other 
things, it did not identify the principle project works and it did 
not include the names and mailing addresses of nearby 
municipalities, counties, political subdivisions, or affected Indian 
Tribes. It also did not include a PAD as required by section 5.6 of 
the regulations.
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    Any party interested in filing a license application for the 
Shingle Creek Project No. 4025 must first file a NOI \5\ and pre-
application document (PAD) \6\ pursuant to Part 5 of the Commission's 
regulations. Although the integrated licensing process 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.\7\
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    \5\ 18 CFR 5.5 (2025).
    \6\ Id. at Sec.  5.6.
    \7\ Id. at Sec.  5.3(b).
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    This notice sets a deadline of 120 days from the date of this 
notice for interested applicants, other than the existing licensee, to 
file NOIs, PADs, and requests to use an alternative licensing process.
    Applications for a subsequent license from potential (non-licensee) 
applicants must be filed with the Commission at least 24 months prior 
to the expiration of the current license.\8\ Because the current 
license expires on August 31, 2031, applications for license for this 
project must be filed by August 31, 2029.\9\
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    \8\ Id. at Sec.  16.20.
    \9\ To the extent an interested applicant files an NOI and PAD 
and elects or is required to use the Commission's ILP, a process 
plan will be issued within 180 days of this notice, which 
accelerates the steps of the ILP to allow for filing a subsequent 
license application by the August 31, 2029 deadline.
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    For public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, contact the Office 
of Public Participation at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#fdb2adadbd9b988f9ed39a928b"><span class="__cf_email__" data-cfemail="743b242434121106175a131b02">[email&#160;protected]</span></a>.
    Questions concerning this notice should be directed to Maryam 
Zavareh at (202) 502-8113 or <a href="/cdn-cgi/l/email-protection#cea3afbcb7afa3e0b4afb8afbcaba68ea8abbcade0a9a1b8"><span class="__cf_email__" data-cfemail="82efe3f0fbe3efacf8e3f4e3f0e7eac2e4e7f0e1ace5edf4">[email&#160;protected]</span></a>.

(Authority: 18 CFR 2.1)

    Dated: October 2, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-20577 Filed 10-7-26; 8:45 am]
BILLING CODE 6717-01-P


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