[Federal Register Volume 64, Number 236 (Thursday, December 9, 1999)]
[Notices]
[Pages 69016-69018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31838]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Application and Applicant Prepared Environmental 
Assessment Accepted for Filing; Requesting Interventions and Protests; 
Establishing Procedural Schedule and Final Amendment Deadline; 
Requesting Comments, Final Terms and Conditions, Recommendations and 
Prescriptions; Requesting Reply Comments

December 3, 1999.
    Take notice that the following hydroelectric application has been 
filed with the Commission. An Applicant-Prepared Environmental 
Assessment (APEA) for the Upper Menominee River Basin Projects, which 
includes the project below, has been filed with the Commission. Both 
documents are available for public inspection.
    a. Type of Application: Surrender of License.
    b. Project No.: 2471-005.
    c. Date filed: October 1, 1999.
    d. Applicant: Wisconsin Electric Power Company (Wisconsin 
Electric).
    e. Name of Project: Sturgeon.
    f. Location: The project is located on the Sturgeon River, a 
tributary of the Menominee River, in Dickinson County, Michigan. The 
project does not utilize Federal or tribal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Ms. Rita L. Hayen, P.E., Project Manager, 
Hydro Licensing, Wisconsin Electric Power Company, 231 West Michigan 
Street, P.O. Box 2046, Milwaukee, WI 53201-2046, (414) 221-2413, 
[email protected] or David K. Porter, Senior Vice President, 
Wisconsin Electric Power Company, 231 West Michigan Street, P.O. Box 
2046, Milwaukee, WI 53201-2046, (414) 221-2500.
    i. FERC Contact: Any questions on this notice should be addressed 
to Tom Papsidero at (202) 219-2715, or e-mail address: Thomas. 
P[email protected].
    j. Deadline for filing motions to intervene, protests, comments, 
final terms and conditions, recommendations, and prescriptions: 60 days 
from the issuance date of this notice.
    All documents (original and eight copies) should be filed with: 
David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 
First St. NE, Washington, DC 20426. Please include the project number 
(2471-005) on any filings.

[[Page 69017]]

    The Commission's Rules of Practice and Procedure require all 
interveners 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, the 
intervenor must also serve a copy of the document on that resource 
agency.
    k. Status of Environmental Analysis: On March 25, 1996, the 
Director, Office of Hydropower Licensing, approved Wisconsin Electric's 
use of the Alternative Licensing Process. Scoping, pursuant to the 
National Environmental Policy Act of 1969 as amended, for the project 
was conducted through scoping documents issued in July 1996 and January 
1997, and in public scoping meetings on September 16 and 17, 1996. The 
draft license application and APEA were distributed by the applicant 
for comment on October 20, 1998.
    The Commission staff has reviewed the license application and APEA 
and has determined that the application is acceptable for processing 
and no additional information or studies are needed to prepare the 
Commission's environmental assessment. Comments as indicated above, are 
being requested from interested parties. The applicant will have 45 
days following the end of this period to respond to those comments, or 
may elect to seek a waiver of this deadline.
    l. Description of Project: The project consists of the following: 
(1) a 217-foot-long, 53-foot-high concrete arch dam, a 14-foot-wide pen 
stock intake, and a 7.5 -foot-wide trash gate; (2) a reservoir of 248 
acres; (3) a 240-foot-long, 7-foot-diameter tunnel which connects to a 
48-foot-long, 7-foot-diameter penstock; (4) a 34-foot long by 21-foot-
wide power house with an installed capacity of 800kW; (5) a 
transmission line connection; and (6) appurtenant facilities.
    m. Description of Action: Wisconsin Electric requests to surrender 
the license for this constructed project for economic reasons and as an 
enhancement of river resources, as part of a negotiated settlement 
concerning resource management and power generation issues in the Upper 
Menominee River Basin. The licensee is also requesting an order 
directing the removal of the Sturgeon Project within seven years.
    n. 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, N.E., Room 2A, Washington, 
DC 20426, or by calling (202) 208-1371. The application may be viewed 
on the web at www.ferc.fed.us. Call (202) 208-2222 for assistance. A 
copy is also available for inspection and reproduction at the address 
in item h above.
    o. Protests or Motions to Intervene--Anyone may submit a protest or 
a motion to intervene in accordance with the requirements of the Rules 
of Practice and Procedures, 18 CFR 385.210, 385.211, 385.214. In 
determining the appropriate action to take, the Commission will 
consider all protests 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 protests or motions to intervene must be 
received on or before the specified deadline date for the particular 
application and APEA.
    p. Filing and Service of Responsive Documents--The Commission is 
requesting comments, recommendations, terms and conditions, 
prescriptions, and reply comments.
    The Commission directs, pursuant to 18 CFR 4.34(b) of the 
regulations, that all comments, recommendations, terms and conditions, 
and prescriptions concerning the application and APEA be filed with the 
Commission within 60 days from the issuance date of this notice. All 
reply comments must be filed with the Commission within 105 days from 
the date of this notice.
    Anyone may obtain an extension of time for these deadlines from the 
Commission only upon a showing of good cause or extraordinary 
circumstances in accordance with 18 CFR 385.2008.
    q. All filings must: (1) bear in all capital letters the title 
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' 
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' ``PRESCRIPTIONS,'' or 
``REPLY COMMENTS;'' (2) set forth in the heading the name of the 
applicant and the project number of the application and APEA to which 
the filing responds; (3) furnish the name, address, and telephone 
number of the person submitting the filing; and (4) otherwise comply 
with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, recommendations, terms and conditions or prescriptions must 
set forth their evidentiary basis and otherwise comply with the 
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the 
application and APEA directly from the applicant. Any of these 
documents must be filed by providing the original and the number of 
copies required by the Commission's regulations to: Secretary, Federal 
Energy Regulatory Commission, 888 First Street, NE, Washington, DC 
20426. An additional copy must be sent to: Director, Division of 
Licensing and Compliance, Office of Hydropower Licensing, Federal 
Energy Regulatory Commission, at the above address. Each filing must be 
accompanied by proof of service on all persons listed on the service 
list prepared by the Commission in this proceeding, in accordance with 
18 CFR 4.34(b) and 385.2010.
    r. 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, 
385.211, 385.214. 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, Federal Energy Regulatory 
Commission, 888 First Street, NE, Washington, DC 20426. 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

[[Page 69018]]

agency's comments must also be sent to the Applicant's representatives.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-31838 Filed 12-8-99; 8:45 am]
BILLING CODE 6717-01-M