[Federal Register Volume 69, Number 112 (Thursday, June 10, 2004)]
[Notices]
[Pages 32537-32538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1313]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2602-007]


Duke Power; Notice of Application for Surrender of License and 
Solicitation of Comments, Motions To Intervene, and Protests

June 4, 2004.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Surrender of license.
    b. Project No.: 2602-007.
    c. Date Filed: June 1, 2004.
    d. Applicant: Duke Power.
    e. Name of Project: Dillsboro Hydroelectric Project.
    f. Location: On the Tuckasegee River, in Jackson County, North 
Carolina. The project does not affect federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: John C. Wishon, Nantahala Area Relicensing 
Project Manager, Duke Power, 301 NP&L Loop, Franklin, NC 28734, (828) 
369-4604, energy.com">jcwishon@duke-energy.com.
    i. FERC Contact: Lee Emery at (202) 502-8379, or 
[email protected]; or Carolyn Holsopple at (202) 502-6407, or 
[email protected].
    j. Cooperating Agencies: We are asking Federal, State, local, and 
tribal agencies with jurisdiction and/or special expertise with respect 
to environmental issues to cooperate with us in the preparation of the 
environmental document. Agencies who would like to request cooperating 
status should follow the instructions for filing comments described in 
item l below.
    k. Deadline for filing comments, motions to intervene, protests, 
and requests for cooperating agency status: 30 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.
    The Commission's Rules of Practice require all interveners filing 
documents with the Commission to serve a copy of that document on each 
person on 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.
    Comments, motions to intervene, protests, and requests for 
cooperating agency status may be filed electronically via the Internet 
in lieu of paper. The Commission strongly encourages electronic filing. 
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's 
Web site (http://www.ferc.gov) under the ``e-Filing'' link. After 
logging into the e-Filing system, select ``Comment on Filing'' from the 
Filing Type Selection screen and continue with the filing process.''
    l. Status: This application is not ready for environmental analysis 
at this time.
    m. Description of Request: Duke Power filed an application to 
surrender its major license for the Dillsboro Hydroelectric Project. 
Duke requests that the Commission approve the following: (1) Continue 
operating the Dillsboro Project under the terms of the current license 
until dam removal begins; (2) decommission the dam and powerhouse and 
complete dam removal and powerhouse closure/removal within three years 
following the final FERC approval order; (3) prepare and obtain FERC 
approval of, and implement an environmental monitoring plan in 
association with the dam removal, including completion of the Duke 
implemented portions of any post-removal stream restoration and annual 
monitoring within two years following completion of the dam removal. 
Also included in the surrender application was the Tuckasegee/Nantahala 
Settlement Agreements which were filed on January 26, 2004, as part of 
the relicense applications for the East Fork (P-2698), West Fork (P-
2686), and Nantahala (P-2692) Hydroelectric Projects. The settlement 
agreements provide various environmental enhancement measures, which 
include the removal of the Dillsboro Dam and Powerhouse.
    n. A copy of the application is available for review at the 
Commission in the Public Reference Room or may be viewed on the 
Commission's Web site at http://www.ferc.gov using the ``eLibrary'' 
link. Enter the docket number, excluding the last three digits in the 
docket number field (P-2602), to access the document. For assistance, 
contact FERC Online Support at [email protected], or toll-free 
at 1-866-208-3676, or for TTY, (202) 502-8659. A copy is also available 
for inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/esubscribenow.htm to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.

[[Page 32538]]

    o. With this notice, we are initiating consultation with the North 
Carolina State Historic Preservation Officer (SHPO), as required by 
Sec.  106, National Historic Preservation Act, and the regulations of 
the Advisory Council on Historic Preservation, 36 CFR 800.4.
    p. Individuals desiring to be included on the Commission's mailing 
list for this project should so indicate by writing to the Secretary of 
the Commission.
    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.
    Any filings must bear in all capital letters the title 
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, 
and the Project Number of the particular application to which the 
filing refers. A copy of any motion to intervene must also be served 
upon each representative of the Applicant specified in the particular 
application.
    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.
    q. Procedural schedule and final amendments: The application will 
be processed according to the following Hydro Surrendering Schedule. 
Revisions to the schedule will be made if the Commission determines it 
necessary to do so:

 
------------------------------------------------------------------------
                  Action                           Tentative date
------------------------------------------------------------------------
Issue Deficiency Letter...................  August 2004.
Issue Acceptance letter/Request Additional  September 2004.
 Information.
Issue Scoping Document 1 for Comments.....  October 2004.
Request Additional Information, if          November 2004.
 necessary.
Issue Scoping Document 2, if necessary....  December 2004.
Notice of Application is Ready for          January 2005.
 Environmental Analysis.
Notice of the availability of the Draft EA  April 2005.
Notice of the availability of the Final EA  June 2005.
Ready for Commission's decision on the      July 2005.
 Application.
------------------------------------------------------------------------

    Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.

Linda Mitry,
Acting Secretary.
 [FR Doc. E4-1313 Filed 6-9-04; 8:45 am]
BILLING CODE 6717-01-P