[Federal Register Volume 65, Number 61 (Wednesday, March 29, 2000)]
[Notices]
[Page 16587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7673]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3131-032]


SR Hydropower, Inc., SR Hydropower of Brockway Mills, Inc.; 
Notice of Dismissing Application To Surrender Project License

March 23, 2000.
    On August 16, 1996, John M. Rais filed an application to surrender 
the project license for the Brockways Mills Project No. 3131 on the 
Williams River in Windham County, in the Town of Rockingham, Vermont, 
purportedly on behalf of SR Hydropower of Brockway Mills, Inc., along 
with a copy of a certificate of dissolution of that corporation, issued 
by the State of Vermont on July 10, 1996.
    On March 15, 1999, the Commission issued an interim order in the 
surrender proceeding, noting Rais's assertion that SR Hydropower of 
Brockway Mills, Inc., a Vermont corporation, was incorporated by a 
statutory merger with SR Hydropower, Inc., a New Hampshire corporation, 
the licensee of record for this project. However, the Commission noted 
that it had never approved a transfer of the license to SR Hydropower 
of Brockway Mills, Inc., or a name change of the licensee. Furthermore, 
the Commission concluded that, as a consequence of the dissolution of 
SR Hydropower of Brockway Mills, Inc., into which SR Hydropower, Inc. 
was merged, neither SR Hydropower, Inc., which remains the licensee of 
record, nor SR Hydropower of Brockway Mills, Inc., any longer existed. 
Under these circumstances, the Commission concluded that the surrender 
of the project license was by implication rather than upon application 
of the licensee. The Commission stated that, at the request of the Town 
of Rockingham, it would defer acceptance of the surrender for at least 
six months, and entertain applications from any proposed transferee to 
transfer the license to such applicant.\1\
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    \1\ 86 FERC para. 61,279 (1999)
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    On September 20, 1999, Christopher J. Kruger and Eileen J. Kruger 
filed an application seeking the transfer of the project license to 
themselves, and on December 14, 1999, the transfer application was 
approved by the Chief, Engineering and Compliance Branch of the Office 
of Hydropower Licensing.\2\ Under these circumstances, the application 
to surrender filed by John M. Rais has become moot and is accordingly 
dismissed.
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    \2\ 89 FERC para. 92,194. On October 28, 1999, Rais, as an agent 
for SR Hydropower of Brockway Mills, Inc., filed a motion to 
withdraw the surrender of license, which was rejected by the 
Secretary of the Commission (notice issued November 12, 1999) on the 
basis of the Commission's findings in its March 15, 1999 order.
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    This notice constitutes final agency action. Requests for rehearing 
by the Commission of this rejection notice may be filed within 30 days 
of the date of issuance of this notice, pursuant to 18 CFR 385.713.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 00-7673 Filed 3-28-00; 8:45 am]
BILLING CODE 6717-01-M