[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Notices]
[Page 34667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13999]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. QF04-50-000]


In Reply Refer To: Fountainview at College Road, Inc.

June 14, 2004.
Fountainview at College Road, Inc., Attention: John Vario, 2000 
Fountainview Drive, Monsey, New York 10952.
CRM Energy Technologies, Attention: Robert Wilson, 80 Red 
Schoolhouse Rd., Chestnut Ridge, NY 10977.

    Dear Mr. Vario and Mr. Wilson:
    1. The Commission finds that the self-certification as a 
qualifying facility (QF) submitted by the Fountainview at College 
Rd, Inc. (Fountainview) may no longer be relied upon, 18 CFR 
292.207(d)(1)(i) (2003). Fountainview's filing with the Commission 
was incomplete, and Fountainview has not responded to repeated 
requests to provide the additional information needed to complete 
the filing.
    2. On December 4, 2003, Fountainview submitted a notice of self-
certification, containing a Form No. 556. According to 
Fountainview's filing, Fountainview owns a 500 kilowatt cogeneration 
facility located in Monsey, New York.
    3. The owner or operator of a facility (or itsrepresentative) 
self-certifying must file with the Commission, and concurrently 
serve on each electric utility with which it expects to 
interconnect, transmit or sell electric energy to, or purchase 
supplementary, standby, back-up and maintenance power from, and the 
state regulatory authority of each state where the facility and each 
affected utility is located ``a notice of self-certification which 
contains a completed Form 556.'' See 18 CFR 292.207(a) (2003) 
(emphasis added). As described below, Fountainview's notice of self-
certification did not contain the required, completed Form No. 556.
    4. The Form No. 556 submitted by CRM for Fountainview did not 
contain the following required information: a complete description 
of the ownership of the facility including a description of any 
ownership interest held by an electric utility or electric utility 
holding company or by a person owned by either; an address and 
telephone number for communications regarding the filing; the 
electric utilities that are contemplated to transact with the 
qualifying facility (if known) and the services those electric 
utilities are expected to provide; utilities interconnecting with 
the facility and/or providing wheeling service; utilities purchasing 
the useful electric power output and utilities providing 
supplementary power, backup power, maintenance power, and/or 
interruptible power service; a description of the principal 
components of the facility; net and gross capacity; a discussion of 
the particular characteristics of the facility that might bear on 
the qualifying status; a mass and heat balance diagram; mechanical 
output; the number of hours of operation per year; the identity of 
the thermal host; and how the heat will be used.
    5. Staff called Fountainview on December 16, 2003 and spoke to 
Mr. John Vario in an attempt to obtain information omitted from the 
filing. Mr Vario directed staff to call CRM Energy Technologies 
(CRM) because CRM was responsible for building the proposed facility 
for Fountainview and because CRM had submitted the notice of self-
certification on Fountainview's behalf. Staff then called Mr. 
Richard Bailey, CRM's president, and informed him that the filing 
was deficient. He said that CRM would address the deficiencies. When 
nothing was filed with the Commission, staff, between January and 
April of 2004, called both Fountainview and CRM on several occasions 
and spoke to Debbie Reinfried, Roland Biehle, Robert Wilson (CRM's 
General Manager), and John Vario. On March 3, 2004, staff, pursuant 
to delegated authority, issued a letter to CRM, asking CRM to answer 
all of the questions in Form No. 556, with a response due on or 
before March 18, 2004. See 18 CFR 375.307(l)(3) ( 2003). The letter 
was both mailed and faxed to CRM and Fountainview. Staff 
subsequently called CRM and verified that it had received the fax. 
After the response date had passed, staff called Robert Wilson two 
times, but to date neither a response to the letter nor an 
explanation for the delay has been filed.
    6. If a qualifying facility fails to conform to any material 
facts or representations presented by the applicant in its submittal 
to the Commission, the notice of self-certification of qualifying 
status of the facility ``may no longer be relied upon.'' See 18 CFR 
292.207(d)(1)(i) (2003). Because Fountainview has failed to include 
the required, completed Form No. 556 with its filing, the Commission 
finds that Fountainview may not rely on the notice of self-
certification it submitted in this docket.
    7. If Fountainview desires QF status, Fountainview may file 
either a new notice of self-certification pursuant to the 
requirements of 18 CFR 292.207(a)(1) (2003), or an pplication for 
Commission certification pursuant to the requirements of 18 
CFR292.207(b) (2003). See 18 CFR 292.207(d)(1)(i) (2003). We caution 
that Fountainview's notice of self-certification, or alternatively 
its application for Commission certification, must contain all of 
the information required by the Commission's regulations, including 
the information identified in Form No. 556.
    8. A copy of this letter will be published in the Federal 
Register.

    By direction of the Commission.
Magalie R. Salas,
Secretary.
cc: Orange and Rockland Utilities, Inc., One Blue Hill Plaza, Pearl 
River, NY 10965.
New York Public Service Commission, Empire State Plaza, Agency 
Building 3, Albany, NY 12223-1350.
[FR Doc. 04-13999 Filed 6-21-04; 8:45 am]
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