[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Notices]
[Pages 19566-19567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9708]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


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

April 15, 2002.
    Take notice that the following application has been filed with the 
Commission and is available for public inspection:
    a. Application Types: (1) Transfer of License and (2) Request for 
Substitution of Applicant for New License.
    b. Project Nos: 7000-016 and 7000-015.
    c. Date Filed: April 8, 2002.
    d. Applicants: Newton Falls Holdings, LLC (transferor) and Erie 
Boulevard Hydropower, L.C. (transferee).
    e. Project Name and Location: The Newton Falls Project is on the 
East Branch of the Oswegatchie River near the Village of Newton Falls 
in St. Lawrence County, New York. The project does not occupy federal 
or tribal lands.

[[Page 19567]]

    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contacts: For Transferor: Harold G. Slone, Manager, 
Newton Falls Holdings, LLC, 1930 West Wesley Road, NW, Atlanta, GA 
30327, (770) 638-1172. For Transferee: William J. Madden, Jr., Winston 
& Strawn, 1400 L Street, NW., Washington, DC 20005-3502, (202) 371-
5700.
    h. FERC Contact: James Hunter, (202) 219-2839.
    i. Deadline for filing motions to intervene, protests, and 
comments: June 15, 2002.
    All documents (original and eight copies) should be filed with: 
Magalie Roman Salas, Secretary, Federal Energy Regulatory Commission, 
888 First Street, NE., Washington, DC 20426. Comments, protests, and 
interventions 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 under the ``e-Filing'' link.
    Please include the noted project numbers on any comments or motions 
filed.
    j. Description of Proposal: The Applicants request approval of the 
transfer of the license for Project No. 7000 from the transferor to the 
transferee, in connection with the proposed sale of the project.
    The transfer application was filed within five years of the 
expiration of the license for Project No. 7000, which is the subject of 
a pending relicense application. In Hydroelectric Relicensing 
Regulations Under the Federal Power Act (54 FR 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 primary purpose of the 
transfer was to give the transferee an advantage in relicensing (id. at 
p. 31,438 n. 318).
    The transfer application also contains a separate request for 
approval of the substitution of the transferee for the transferor as 
the applicant in the pending relicensing application, filed by the 
transferor on January 30, 2002, in Project No. 7000-015.
    k. Copies of this filing are on file with the Commission and are 
available for public inspection. This filing may also be viewed on the 
Web at http://www.ferc.gov using the ``RIMS'' link, select ``Docket#'' 
and follow the instructions. (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, 
.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 agency's 
comments must also be sent to the Applicant's representatives.

Magalie Roman Salas,
Secretary.
[FR Doc. 02-9708 Filed 4-22-02; 8:45 am]
BILLING CODE 6717-01-P