[Federal Register Volume 73, Number 102 (Tuesday, May 27, 2008)]
[Notices]
[Pages 30390-30391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11696]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No 12715-001]


Fairlawn Hydroelectric Company, LLC.; Notice of Intent To File 
License Application, Filing of Pre-Application Document, Commencement 
of Licensing Proceeding, Scoping Meetings, Solicitation of Comments on 
the Pad and Scoping Document, and Identification of Issues and 
Associated Study Requests

May 19, 2008.
    a. Type of Filing: Notice of Intent to File License Application and 
Commencing Licensing Proceeding.
    b. Project No.: 12715-001.
    c. Date Filed: March 19, 2008.
    d. Submitted By: Fairlawn Hydroelectric Company, LLC.
    e. Name of Project: Jennings Randolph Hydroelectric Project.
    f. Location: At the Corps of Engineers' Jennings Randolph Dam on 
the North Branch Potomac River in Garrett County, Maryland, and Mineral 
County, West Virginia.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's 
Regulations.
    h. Potential Applicant Contact: Clifford Phillips, Fairlawn 
Hydroelectric Company, LLC, 150 North Miller Road, Suite 450 C, 
Fairlawn, Ohio 44333, (330) 869-8451.
    i. FERC Contact: Michael Spencer, [email protected], (202) 
502-6093.
    j. 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 paragraph o 
below. Cooperating agencies should note the Commission's policy that 
agencies that cooperate in the preparation of the environmental 
document cannot also intervene. See, 94 FERC ] 61,076 (2001).
    k. With this notice, we are initiating informal consultation with: 
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under 
section 7 of the Endangered Species Act and the joint agency 
regulations thereunder at 50 CFR Part 402; and (b) the State Historic 
Preservation Officer, as required by section 106, National Historical 
Preservation Act, and the implementing regulations of the Advisory 
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Fairlawn Hydroelectric 
Company, LLC as the Commission's non-federal representative for 
carrying out informal consultation, pursuant to Section 7 of the 
Endangered Species Act and section 106 of the National Historic 
Preservation Act.
    m. Fairlawn Hydroelectric Company, LLC filed a Pre-Application 
Document (PAD; including a proposed process plan and schedule) with the 
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations. The 
Commission issued the scoping document for the proposed Jennings 
Randolph Project on May 19, 2008.
    n. A copy of the PAD and the scoping document are available for 
review at the Commission in the Public Reference Room or may be viewed 
on the Commission's Web site (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, 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 
paragraph h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified 
via e-mail of new filing and issuances related to this or other pending 
projects. For assistance, contact FERC Online Support.
    o. With this notice we are soliciting comments on the PAD and the 
scoping document, as well as study requests. All comments on the PAD 
and the scoping document, and study requests should be sent to the 
address above in paragraph h. In addition, all comments on the PAD and 
the scoping document, study requests, requests for cooperating agency 
status, and all communications to and from Commission staff related to 
the merits of the potential application (original and eight copies) 
must be filed with the Commission at the following address: Kimberly D. 
Bose, Secretary, Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426. All filings with the Commission must 
include on the first page, the project name (Jennings Randolph Project) 
and number (P-12715-001), and bear the heading ``Comments on Pre-
Application Document,'' ``Study Requests,'' ``Comments on Scoping 
Document 1,'' ``Request for Cooperating Agency Status,'' or 
``Communications to and from Commission Staff.'' Any individual or 
entity interested in submitting study requests, commenting on the PAD 
or the scoping document, and any agency requesting cooperating status 
must do so by July 17, 2008.
    Comments on the PAD and the scoping document, study requests, 
requests for cooperating agency status, and other permissible forms of 
communications with the Commission may be filed electronically via the 
Internet in lieu of paper. The Commission strongly encourages 
electronic filings. See 18 CFR 85.2001(a)(1)(iii) and the instructions 
on the Commission's Web site (http://www.ferc.gov) under the ``e-
filing'' link.
    p. Although our current intent is to prepare an environmental 
assessment (EA), there is the possibility that an Environmental Impact 
Statement (EIS) will be required. Nevertheless, this meeting will 
satisfy the NEPA scoping requirements, irrespective of whether an EA or 
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of 
the project at the time and place noted below. The daytime meeting will 
focus on resource agency, Indian tribes, and non-governmental 
organization concerns, while the evening meeting is primarily for 
receiving input from the public. We invite all interested individuals, 
organizations, and agencies to attend one or both of the meetings, and 
to assist staff in identifying particular study needs, as well as the 
scope of environmental issues to be addressed in the environmental

[[Page 30391]]

document. The times and locations of these meetings are as follows:

Evening Scoping Meeting

    Date: Monday, June 16, 2008.
    Time: 6 p.m. (EST).
    Location: Will O' The Wisp Hotel, 20160 Garrett Highway, Oakland, 
MD 21550.
    Phone: (888) 590-7283.

Daytime Scoping Meeting

    Date: Tuesday, June 17, 2008.
    Time: 10 a.m.
    Location: Same location.

    The scoping document, which outlines the issues to be addressed in 
the environmental document, has been mailed to the individuals and 
entities on the Commission's mailing list. Copies of the scoping 
document will be available at the scoping meetings, and may be viewed 
on the Web at http://www.ferc.gov, using the ``eLibrary'' link. Follow 
the directions for accessing information in paragraph n. Depending on 
the extent of comments received, a revised scoping document may or may 
not be issued.

Site Visit

    Fairlawn Hydroelectric Company, LLC. will conduct a tour of the 
proposed project site at 3 p.m. on Monday, June 16, 2008. All 
participants should meet at the gated entrance to Jennings Randolph Dam 
on Route 46 in West Virginia. All participants are responsible for 
providing photo identification to enter this Corps of Engineers 
facility. Photography will be prohibited. Anyone with questions about 
the site visit should contact Mr. Clifford Phillips of Fairlawn 
Hydroelectric Company, LLC at (330) 869-8451 on or before June 13, 
2008.

Scoping Meeting Objectives

    At the scoping meetings, staff will: (1) Present a proposed list of 
issues to be addressed in the EA; (2) review and discuss existing 
conditions and resource agency management objectives; (3) review and 
discuss existing information and identify preliminary information and 
study needs; (4) review and discuss the process plan and schedule for 
pre-filing activity that incorporates the time frames provided for in 
Part 5 of the Commission's regulations and, to the extent possible, 
maximizes coordination of federal, state, and tribal permitting and 
certification processes; and (5) discuss requests by any federal or 
state agency or Indian tribe acting as a cooperating agency for 
development of an environmental document.
    Meeting participants should come prepared to discuss their issues 
and/or concerns. Please review the PAD in preparation for the scoping 
meetings. Directions on how to obtain a copy of the PAD and the scoping 
document are included in item n of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become 
part of the formal record of the Commission proceeding on the project.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-11696 Filed 5-23-08; 8:45 am]
BILLING CODE 6717-01-P