[Federal Register Volume 64, Number 237 (Friday, December 10, 1999)]
[Pages 69258-69259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32045]



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 6, 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: Subsequent License.
    b. Project No.: 2072-008.
    c. Date filed: October 1, 1999.
    d. Applicant: Wisconsin Electric Power Company (WE).
    e. Name of Project: Lower Paint Hydroelectric Project.
    f. Location: The project is located on the Paint River, near 
Crystal Falls, in Iron County, Michigan. The project would not utilize 
any Federal lands or facilities.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Ms. Rita L. Hayen, P.E., Wisconsin Electric 
Power Company, 231 West Michigan Street, P.O. Box 2046, Milwaukee, WI 
    i. FERC Contact: Any questions on this notice should be addressed 
to Patti Leppert-Slack, E-mail address 
patricia.leppertslack@ferc.fed.us, or telephone (202) 219-2767.
    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.
    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, the 
intervenor must also serve a copy of the document on that resource 
    k. Status of Environmental Analysis: On March 25, 1996, the 
Director, Office of Hydropower Licensing, approved WE'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 128-foot-long, 6-foot-high left earth embankment; (2) a 101-foot-
long concrete gated spillway with three 27-foot-long by 15-foot-high 
Taintor Gates; (3) a 150-foot-long, 25-foot-high uncontrolled concrete 
gravity spillway; (4) a 316-foot-long, 17-foot-high right earth 
embankment; (5) an impoundment with a 340-acre surface area at normal 
full pool elevation 1,285.5 feet National Geodetic Vertical Datum; (6) 
a 1.4-mile-long, 89-foot-wide, 1,700 cubic feet per second capacity 
diversion canal; (7) a powerhouse containing a single generating unit 
rated at 100 kilowatts; and (8) appurtenant facilities.
    The Lower Paint diversion canal diverts water from the Paint River 
to the reservoir of WE's Peavy Falls Project, located on the Michigamme 
    m. 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. 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.
    n. 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.
    o. 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.
    p. All filings must: (1) bear in all capital letters the title 
``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 

[[Page 69259]]

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.
David P. Boergers,
[FR Doc. 99-32045 Filed 12-9-99; 8:45 am]