[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Notices]
[Pages 39090-39091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10803]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


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

July 3, 2006.
    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.: 12693-000.
    c. Date Filed: June 16, 2006.
    d. Applicant: Sutton Hydroelectric Company LLC.
    e. Name of Project: Sutton Hydroelectric Project.
    f. Location: On Elk River, in Sutton, Braxton County, West 
Virginia. The Sutton Dam is owned and operated 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 Contacts: Mr. M. Clifford Phillips, Advanced Hydro 
Solutions LLC, 150 North Miller Road, Suite 450 C, Fairlawn, OH 44333, 
(330) 869-8451.
    i. FERC Contact: Etta Foster, (202) 502-8769.
    j. Deadline for filing comments, protests, and motions to 
intervene: 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. Please include the project 
number (P-12693-000) on any comments, protests, or motions filed.
    k. Description of Project: The proposed project would utilize the 
existing U.S. Army Corps of Engineers' Sutton Dam and would consist of: 
(1) A proposed powerhouse containing 2 or 3 vertical turbine/generating 
units with a nominal total generating capacity of 12 MW; (2) a 10-foot-
diameter penstock; (3) a proposed \3/4\ mile-long, 14.7 kV transmission 
line; (4) a tailrace, and (5) appurtenant facilities.
    The project would have an estimated annual generation of 
approximately 50,000 MWH. The applicant plans to sell the generated 
energy.
    l. Location of Application: A copy of the application is available 
for inspection and reproduction at the Commission in the Public 
Reference Room, located at 888 First Street, NE., Room 2A, Washington, 
DC 20426, or by calling (202) 502-8371. This filing may also be viewed 
on the Commission's

[[Page 39091]]

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 to access the document. For assistance, call toll-free 1-866-208-
3676 or e-mail [email protected]. For TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the 
address in item h. above.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. Competing 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.
    o. Competing Development Application: 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.
    p. 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.
    q. 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.
    r. 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, 
385.211, 385.214. 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.
    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 ``e-filing'' link. 
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must 
bear in all capital letter the title ``COMMENTS'', ``RECOMMENDATIONS 
FOR TERMS AND CONDITIONS'', ``PROTEST'', ``MOTION TO INTERVENE'', 
``NOTICE OF INTENT'', or ``COMPETING APPLICATION'', 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.
    t. 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. E6-10803 Filed 7-10-06; 8:45 am]
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