[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Notices]
[Pages 25319-25320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11761]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Transfer of Licenses and Soliciting Comments, Motions 
to Intervene, and Protests

May 5, 1999.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Application Type: Transfer of Licenses.
    b. Project Nos.: (1) 13-009, (2) 2047-005, (3) 2060-006, ((4) 2084-
021, (5) 2318-005, (6) 2320-014, (7) 2330-035, (8) 2474-007, (9) 2482-
023, (10) 2539-009, (11) 2554-005, (12) 2569-038, (13) 2616-011, (14) 
2641-003, (15) 2645-077, (16) 2696-009,\1\ (17) 2701-029, (18) 2713-
041, (19) 2837-007, (20) 3452-007, (21) 5984-027, (22) 7320-011, (23) 
7321-008, (24) 7387-007, (25) 7518-002, (26) 9222-017, (27) 10461-004, 
(28) 10462-004, and (29) 11408-021.
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    \1\ An application to surrender the license for Project No. 2696 
was filed on May 17, 1996. The surrender of the license became 
effective on February 17, 1999 (86 FERC para. 62,135).
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    c. Date Filed: February 8, 1999, Date Amended: April 14, 1999.
    d. Applicants: Niagara Mohawk Power Corporation (NIMO) and Erie 
Boulevard Hydropower, L.P. (Erie).
    e. Name and Location of Projects: (1) Green Island: Hudson River in 
Albany County, New York; (2) Stewarts Bridge: Sacandaga River in 
Saratoga County, New York; (3) Carry Falls: Raquette River in St. 
Lawrence County, New York; (4) Upper Raquette River: Raquette River in 
St. Lawrence County, New York; (5) E.J. West: Sacandaga River in 
Saratoga County, New York; (6) Middle Raquette River: Raquette River in 
St. Lawrence County, New York; (7) Lower Raquette River: Raquette River 
in St. Lawrence County, New York; (8) Oswego River: Oswego River in 
Oswego County, New York; (9) Hudson River: Hudson River in Warren, 
Saratoga, and Washington Counties, New York; (10) School Street: Mohawk 
River in Albany and Saratoga Counties, New York; (11) Feeder Dam: 
Hudson River in Saratoga County, New York; (12) Black River: Black 
River in Jefferson County, New York; (13) Hossic River: Hossic River in 
Rensselaer County, New York; (14) Feeder Dam Transmission Line: 
Saratoga County, New York; (15) Beaver River: Beaver River in Lewis and 
Herkimer Counties, New York; (16) Stuyvesant Falls: Kinderhook Creek in 
Columbia County, New York; (17) West Canada Creek: West Canada Creek in 
Oneida and Herkimer Counties, New York; (18) Oswegatchie River: 
Oswegatchie River in St. Lawrence County, New York; (19) Granby: Oswego 
River in Oswego County, New York; (20) Oak Orchard: New York State 
Barge Canal in Orleans County, New York; (21) Oswego Falls: Oswego 
River in Oswego and Onondaga Counties, New York; (22) Chasm: Salmon 
River in Franklin County, New York; (23) Macomb: Salmon River in 
Franklin County, New York; (24) Piercefield: Raquette River in St. 
Lawrence and Franklin Counties, New York; (25) Hogansburg: St. Regis 
River in Franklin County, New York; (26) Yaleville: Raquette River in 
St. Lawrence County, New York; (27) Parishville: St. Regis River in St. 
Lawrence County, New York; (28) Allen Falls: St. Regis River in St. 
Lawrence County, New York; and (29) Salmon River: Salmon River in 
Oswego County, New York.
    The Green Island Project uses the Corps of Engineers' Troy Lock and 
Dam and is partially located on federal lands but no tribal lands. The 
other projects do not utilize federal or tribal lands.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contracts: For NIMO: Margaret Fabic, Esq., Niagara 
Mohawk Power Corporation, 300 Erie Boulevard West, Syracuse, New York 
13202, (315) 428-6593, and Stephen C. Palmer, Esq., Swidler Berlin 
Shereff Friedman, LLP, 3000 K Street, NW, Suite 300, Washington, DC 
20007, (202) 424-7500; For Erie: W. Thaddeus Miller, Erie Boulevard 
Hydropower, L.P., c/o Orion Power Holdings, Inc., 111 Market Place, 
Suite 520, Baltimore, Maryland 21202, (410) 468-3692, and Mitchell F. 
Hertz, Esq., Kirkland & Ellis, 655 15th Street, NW, Suite 1200, 
Washington, DC 20005, (202) 879-5270.
    h. FERC Contact: Regina Saizan, (202) 219-2673, or e-mail address: 
[email protected].
    i. Deadline for filing comments and or motions: June 9, 1999.
    All documents (original and eight copies) should be filed with: 
David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE, Washington, DC 20426.
    Please include the Project Number (0013-009, et al.) on any 
comments or motions filed.
    j. The transfer of the licenses for these projects to Erie is being 
sought in connection with the divestiture by NIMO of certain generation 
and other assets. The sale and transfer of these hydroelectric 
generating assets effectuates, in part, New York State's efforts to 
restructure its Electric utility industry and NIMO's comprehensive

[[Page 25320]]

Power Choice Settlement agreement approved by the New York Public 
Service Commission on March 20, 1998.
    The transfer application was filed within five years of the 
expiration of the licenses for Project Nos. 2047, 2060, and 2084, 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., 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 Project Nos. 2047, 2060, and 2084.
    In addition, NIMO and Erie request that Erie be substituted for 
NIMO as the applicant in the pending relicensing proceedings for 
Project Nos. 2318, 2320, 2330, 2474, 2482, 2539, 2539, 2554, and 2616, 
following the approval of the transfer of these projects and the 
conveyance of the project properties. The licenses for the projects 
expired on December 31, 1993, and the Commission has authorized them to 
continue to operate.
    Project Nos. 10461 and 10462 have pending applications for an 
original license. NIMO and Erie request that Erie be substituted for 
NIMO as the applicant in the pending license proceedings for both of 
these projects following the approval of the transfer of these projects 
and the conveyance of the project properties.
    k. Locations of the Application: A copy of the application is 
available for inspection and reproduction at the Commission's Public 
Reference Room, located at 888 First Street, NE, Room 2A, Washington, 
DC 20426, or by calling (202) 208-1371. This filing may be viewed on 
http://ferc.fed.us/online/rims.htm (call (202) 208-2222 for 
assistance). A copy is also available for inspection and reproduction 
at the addresses in item g above.
    l. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    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 
and .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.
    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 refers. Any of the above-named documents must be filed 
by providing the original and the number of copies provided by the 
Commission's regulations to: The Secretary at the above-mentioned 
address. A copy of any motion to intervene must also be served upon 
each representative of the Applicant specified in the particular 
application.
    Agency Comments--Federal, state, and local agencies are invited to 
file comments on the described application. A copy of the application 
may be obtained by agencies directly from the Applicant. If an agency 
does not file comments within the time specified for filing comments, 
it will be presumed to have no comments. One copy of an agency's 
comments must also be sent to the Applicant's representatives.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-11761 Filed 5-10-99; 8:45 am]
BILLING CODE 6717-01-M