[Federal Register Volume 66, Number 91 (Thursday, May 10, 2001)]
[Notices]
[Pages 23919-23920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11777]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Transfer of Licenses and Substitution of Relicense 
Applicant, and Soliciting Comments, Protests, and Motions To Intervene

May 4, 2001.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Application Types: (1) Transfer of Licenses and (2) Request for 
Substitution of Applicant for New License (in Project No. 2694-002).
    b. Project Nos: 2601-004, 2602-002, 2603-009, 2619-006, 2686-024, 
2692-025, 2694-002, 2694-005, and 2698-025.
    c. Date Filed: April 17, 2001.
    d. Applicant: Duke Power, a division of Duke Energy Corporation, 
Nantahala Area (transferee).
    e. Name and Location of Projects (all in North Carolina): The 
Bryson Project No. 2601 is located on the Oconaluftee River in Swain 
County. The Dillsboro Project No. 2602 is located on the Tuckasegee 
River in Jackson County. The Franklin Project No. 2603 is located on 
the Little Tennessee River in Macon County. The Mission Project No. 
2619 is located on the Hiwassee River in Clay County. The West Fork 
Project No. 2686 is located on the West Fork of the Tuckasegee River in 
Jackson County. The Nantahala Project No. 2692 is located on the 
Nantahala River, Dicks Creek, and White Oak Creek in Clay and Macon 
Counties. The Queens Creek Project No. 2694 is located on Queens Creek 
in Macon County. The East Fork Project No. 2698 is located on the East 
Fork of the Tuckasegee River in Jackson County. These projects do not 
occupy federal or tribal lands.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contacts: Mr. Paul Kinney, Law Department, Duke Power, 
P.O. Box 1244, Charlotte, NC 28201-1244, (704) 373-6609, and Mr. John 
A. Whittaker, IV, Winston & Strawn, 1400 L Street NW, Washington, DC 
20005, (202) 371-5766.
    h. FERC Contact: James Hunter, (202) 219-2839.

[[Page 23920]]

    i. Deadline for filing comments and or motions: June 11, 2001.
    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. Comments, protests, and 
motions to intervene may be filed electronically via the internet in 
lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on 
the Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.
    Please include the noted project numbers on any comments or motions 
filed.
    j. Description of Proposal: Nantahala Power and Light Company 
(Nantahala), the original licensee of these projects, has merged into 
Duke Energy Corporation (Duke) and no longer exists. Duke now seeks 
after-the-fact approval of the transfer of the licenses from Nanatahala 
to Duke, as well as a name change to Duke Power, a division of Duke 
Energy Corporation, Nantahala Area. (In response to a notice filed by 
Duke on May 12, 2000, the Commission inadvertently issued, on June 28, 
2000, an order changing the name of the licensee to Nantahala Power and 
Light, a division of Duke Energy Corporation. See 91 FERC para. 62,235, 
which of course lacked the prerequisite step of Commission approval for 
transfer of the project licenses to Duke.)
    The transfer application was filed within five years of the 
expiration of the licenses all of these projects. 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. 31438 n. 318).
    The transfer application also contains a separate request for the 
substitution of Duke Power, a division of Duke Energy Corporation, 
Nantahala Area for Nantahala Power and Light, a division of Duke Energy 
Corporation as the applicant in the pending relicensing application, 
filed on September 27, 1999, in Project No. 2694-002.
    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. The application may be viewed 
on the web at www.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.
    1. 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, 
.214. In determining the appropriate action to take, the Commission 
will consider all protests or other commenters 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'', ``PROTEST'', ``MOTION TO 
INTERVENE'', as applicable, and the Project Number of the particular 
application to which the filing refers. An additional copy must be sent 
to the Director, Division of Hydropower Administration and Compliance, 
Federal Energy Regulatory Commission, 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.

David P. Boergers,
Secretary.
[FR Doc. 01-11777 Filed 5-9-01; 8:45 am]
BILLING CODE 6717-01-M