[Federal Register Volume 63, Number 143 (Monday, July 27, 1998)]
[Notices]
[Pages 40115-40116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19963]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Application Filed With the Commission

July 21, 1998.
    Take notice that the following hydroelectric application has been 
filed with the Federal Energy Regulatory Commission and is available 
for public inspection.
    a. Type of Application: Transfer of Licenses.
    b. Projects Nos.: (1) 2142-027, (2) 2194-002, (3) 2283-019, (4) 
2284-019, (5) 2302-045, (6) 2322-028, (7) 2325-031, (8) 2329-026, (9) 
2335-018, (10) 2519-026, (11) 2527-006, (12) 2528-052, (13) 2529-015, 
(14) 2530-020, (15) 2531-024, (16) 2552-035, (17) 2556-012, (18) 2557-
009, (19) 2559-010, (20) 2612-008, (21) 2615-028, (22) 3133-013, and 
(23) 9340-027.
    c. Date filed: June 26, 1998.
    d. Applicants: Central Maine Power Company (CMP), Union Water Power 
Company (UWP), and FPL Energy Maine Hydro LLC (FPLE).
    e. and f. Name and Location of Projects: (1) Indian Pond (Harris): 
Kennebec River in Somerset and Piscataquis Counties, Maine; (2) Bar 
Mills: Saco River in York County, Maine; (3) Gulf Island-Deer Rips: 
Androscoggin River in Androscoggin County, Maine; (4) Brunswick: 
Androscoggin River in Cumberland and Sagadahoc Counties, Maine; (5) 
Lewiston Falls: Androscoggin River in Androscoggin County, Maine; (6) 
Shawmut: Kennebec River in Kennebec and Somerset Counties, Maine; (7)

[[Page 40116]]

Weston, (8) Wyman, and (9) Williams: Kennebec River in Somerset County, 
Maine; (10) North Gorham: Presumpscot River in Cumberland County, 
Maine; (11) Skelton and (12) Cataract: Saco River in York County, 
Maine; (13) Bonny Eagle: Saco River in York and Cumberland Counties, 
Maine; (14) Hiram: Saco River in Oxford and Cumberland Counties, Maine; 
(15) West Buxton: Saco River in York and Cumberland Counties, Maine; 
(16) Fort Halifax: Sebasticook River in Kennebec County, Maine; (17) 
Union Gas, (18) Rice Rips, and (19) Oakland: Messalonskee River in 
Kennebec County, Maine; (20) Flagstaff: Dead River in Franklin and 
Somerset Counties, Maine; (21) Brassua: Moose River in Somerset County, 
Maine; (22) Errol: Androscoggin River in Oxford County, Maine, and Coos 
County, New Hampshire; and (23) Kezar Falls: Ossipee River in York and 
Cumberland Counties, Maine.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts:
    For CMP: Mr. Michael A. Murphy, Central Maine Power Company, 41 
Anthony Avenue, Augusta, ME 04330, (207) 621-4499.
    For UP: Mr. Normand V. Rodrigue, Union Water Power Company, 150 
Main Street, Lewiston, ME 04240, (207) 784-4501.
    For FPLE: Mr. James B. Vasille, Steptoe & Johnson LLP, 1330 
Connecticut Avenue, NW, Washington, DC 20036, (202) 429-6297.
    i. FERC Contact: James Hunter, (202) 219-2839.
    j. Comment Date: September 4, 1998.
    k. Description of Transfer: Transfer of the licenses for these 
projects to FPLE is being sought in connection with the divestiture by 
CMP and UMP of substantially all their hydropower resources, pursuant 
to Maine Public Law 1997, ch. 316, 35-A Sec. 3204, et seq. (An Act to 
Restructure the State's Electric Industry). CMP, as co-licensee of 
Brassua, and UP, as co-licensee of Errol, seek to transfer their 
interest in the storage facilities for those projects to FPLE, leaving 
unaffected the respective co-licensees' interest in the generating 
facilities. The Union Gas, Rice Rips, and Oakland Projects, on the 
Messalonskee River, were found non-jurisdictional on August 6, 1997. At 
its July 15, 1998, meeting, the Commission, in Docket UL96-7-003, et 
al., reversed the prior findings and concluded that the projects were 
required to be licensed.
    The transfer application was filed within five years of the 
expiration of the licenses for Projects Nos. 2142, 2283, and 2612, the 
last two of which are the subject of pending relicense applications. In 
Hydroelectric Relicensing Regulations Under the Federal Power Act (54 
Fed. Reg. 23,756; FERC Stats. and Regs. Preambles 1986-1990 30,854 at 
p. 31,437), the Commission declined to forbid all license transfers 
during the last five years of an existing license, and instead 
indicated that it would scrutinize all such transfer requests to 
determine if the transfer's primary purpose was to give the transferee 
an advantage in relicensing (id, at p. 31,438 n. 318). The transfer 
would lead to the substitution of the transferee for the transferor as 
the applicant in the relicensing proceedings for Projects Nos. 2283 and 
2612.
    l. This notice also consists of the following standard paragraphs: 
B, C1, and D2.
    B. 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 Sections 
385.210, .211, .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.
    C1. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS,'' ``RECOMMENDATIONS 
FOR TERMS AND CONDITIONS,'' ``PROTEST'' OR ``MOTION TO INTERVENE,'' as 
applicable, and the project number of the particular application to 
which the filing is in response. Any of these documents must be filed 
by providing the original and 8 copies to: The Secretary, Federal 
Energy Regulatory Commission, 888 First Street, N.E., Washington, DC 
20426. Motions to intervene must also be served upon each 
representative of the applicant specified in the particular 
application.
    D2. Agency Comments--The Commission invites federal, state, and 
local agencies to file comments on the described application. (Agencies 
may obtain a copy of the application directly from the applicant.) If 
an agency does not file comments within the time specified for filing 
comments, the Commission will presume that the agency has none. One 
copy of an agency's comments must also be sent to the applicant's 
representatives.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-19963 Filed 7-24-98; 8:45 am]
BILLING CODE 6717-01-M