[Federal Register Volume 71, Number 173 (Thursday, September 7, 2006)]
[Notices]
[Pages 52790-52791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14772]


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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

August 28, 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.: 12701-000.
    c. Date filed: June 28, 2006.
    d. Applicant: Benton Hydroelectric Power LLC.
    e. Name of Project: Benton Hydroelectric Project.
    f. Location: The project would be located on the Elkhart River in 
Elkhart County, Indiana. The project would use the Benton Dam owned by 
the Elkhart County Parks and Recreation.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. William Stockhausen, 218 W. Dunlap 
Street, Northville, MI 48167 (248) 349-2833.
    i. FERC Contact: Patricia W. Gillis at (202) 502-8735.
    j. Deadline for filing comments, protests, and motions to 
intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all 
intervenors 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 intervenor 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 would consist of 
the following: (1) The existing 130-foot-wide, 5-foot-high Benton Dam 
owned by the Elkhart County Department of Parks and Recreation, (2) an 
existing concrete and rock fill spillway with mean crest elevation of 
822 feet mean sea level, (3) a proposed reconstructed powerhouse 
containing one proposed generating unit with an installed capacity of 
325 kilowatts, (4) an existing 700 feet long and 50 feet wide tailrace, 
(5) an existing one-mile-long, 12.5 kilovolt transmission line, and (6) 
appurtenant facilities. The proposed project would have an average 
annual generation of 1.7 gigawatt-hours, which would be sold to a local 
utility.
    l. Locations of Applications: 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 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

[[Page 52791]]

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 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.
    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. E6-14772 Filed 9-6-06; 8:45 am]
BILLING CODE 6717-01-P