[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Notices]
[Page 40720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14874]



[[Page 40720]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Application Accepted for Filing and Soliciting Motions 
To Intervene, Protests, and Comments

June 6, 2002.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12163-000.
    c. Date filed: May 13, 2002.
    d. Applicant: Berlin Hydro, LLC.
    e. Name of Project: Berlin Dam Project.
    f. Location: On the Mahoning River in Mahoning County, Ohio. The 
existing Berlin Dam is administered by the U.S. Army Corps of 
Engineers.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Mr. Brent L. Smith, President, Northwest 
Power Services, Inc., Agent for Berlin Hydro, LLC., P.O. Box 535, 
Rigby, ID 83442, (208) 745-8630, E-mail [email protected].
    i. FERC Contact: Robert Bell, (202) 219-2806.
    j. Deadline for filing motions to intervene, protests and comments: 
60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with: 
Magalie R. 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 
project number (P-12163-000) on any comments or motions filed.
    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 in the official service list for the 
project. Further, if an intervener files comments or documents with the 
Commission relating to the merits of an issue that may affect the 
responsibilities of a particular resource agency, they must also serve 
a copy of the document on that resource agency.
    k. Description of Project: The proposed project utilizing the 
existing U.S. Army Corps of Engineer's Berlin Dam and reservoir would 
consist of: (1) A proposed intake structure, (2) a proposed 300-foot-
long 96-inch-diameter steel penstock, (3) a proposed powerhouse 
containing a generator unit with an installed capacity of 2 MW, (4) a 
4.0-mile-long, 15 kV transmission line, and (5) appurtenant facilities.
    The project would have an annual generation of 12 GWh that would be 
sold to a local utility.
    l. This filing is available for review at the Commission or may be 
viewed on the Commission's Web site 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 address in item h above.
    m. Preliminary Permit--Anyone desiring to file a competing 
application for preliminary permit for a proposed project must submit 
the competing application itself, or a notice of intent to file such an 
application, to the Commission on or before the specified comment date 
for the particular application (see 18 CFR 4.36). Submission of a 
timely notice of intent allows an interested person to file the 
competing preliminary permit application no later than 30 days after 
the specified comment date for the particular application. A competing 
preliminary permit application must conform with 18 CFR 4.30(b) and 
4.36.
    n. Preliminary Permit--Any qualified development applicant desiring 
to file a competing development application must submit to the 
Commission, on or before a specified comment date for the particular 
application, either a competing development application or a notice of 
intent to file such an application. Submission of a timely notice of 
intent to file a development application allows an interested person to 
file the competing application no later than 120 days after the 
specified comment date for the particular application. A competing 
license application must conform with 18 CFR 4.30(b) and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact 
name, business address, and telephone number of the prospective 
applicant, and must include an unequivocal statement of intent to 
submit, if such an application may be filed, either a preliminary 
permit application or a development application (specify which type of 
application). A notice of intent must be served on the applicant(s) 
named in this public notice.
    p. Proposed Scope of Studies under Permit--A preliminary permit, if 
issued, does not authorize construction. The term of the proposed 
preliminary permit would be 36 months. The work proposed under the 
preliminary permit would include economic analysis, preparation of 
preliminary engineering plans, and a study of environmental impacts. 
Based on the results of these studies, the Applicant would decide 
whether to proceed with the preparation of a development application to 
construct and operate the project.
    q. 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.
    r. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT 
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'', 
``PROTEST'', ``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. An additional copy must be sent to Director, 
Division of Hydropower Administration and Compliance, Federal Energy 
Regulatory Commission, at the above-mentioned address. A copy of any 
notice of intent, competing application or motion to intervene must 
also be served upon each representative of the Applicant specified in 
the particular application.
    s. 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 R. Salas,
Secretary.
[FR Doc. 02-14874 Filed 6-12-02; 8:45 am]
BILLING CODE 6717-01-P