[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47248-47249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22101]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4542-013]


Boston Felt Company, Inc.; Notice of Revocation of Exemption by 
Implied Surrender and Soliciting Comments, Protests, and Motions To 
Intervene

September 8, 2009.
    Take notice that the following hydroelectric proceeding has been 
initiated by the Commission:
    a. Type of Proceeding: Revocation of exemption by implied 
surrender.
    b. Project No.: 4542-013.
    c. Date Initiated: September 4, 2009.
    d. Exemptee: The exemptee is Bacon Felt Company, Inc.
    e. Name and Location of Project: The constructed 150-kilowatt 
Boston Felt Project is located on the Salmon Falls River in Strafford 
County, New Hampshire.
    f. Filed Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Mr. Howard A. Greenlaw, Bacon Felt 
Company, Inc., P.O. Box 6258, 31 Front Street, East Rochester, NH 
03868-6258.
    h. FERC Contact: Tom Papsidero, (202) 502-6002.
    i. Deadline for filing comments, protests, and motions to 
intervene: October 8, 2009.
    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 (http://www.ferc.gov) 
under the ``e-filing'' link. The Commission strongly encourages 
electronic filings.
    All documents (original and eight copies) filed by paper should be 
sent to: Secretary, Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426. Please include the project number 
(P-4542-013) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all 
interveners filing documents with the Commission to serve a copy of 
that document on each person whose name appears 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. A copy 
of any motion to intervene must also be served upon each representative 
of the Applicant specified in the particular application.
    j. Description of Existing Facilities: The inoperative project 
consists of the following existing facilities: (1) A 150-foot-long and 
10-foot-high wooden frame dam, which was breached by high flows which 
carried away a 30-foot-wide by 6-foot-deep section of the dam; (2) a 
forebay and trashracks; (3) a 56-inch-diameter and 7-foot-long 
penstock; (4) a concrete powerhouse with an installed capacity of 150 
kW; (5) a 150-foot-long transmission line; and (6) other appurtenances.
    k. Description of Proceeding: The exemptee is currently in 
violation of Standard Article 2 of its exemption granted on August 29, 
1983 (24 FERC ] 62,240). 18 CFR 4.106 of the Commission's regulations 
provides, among other things, that the Commission reserves the right to 
revoke an exemption if any term or condition of the exemption is 
violated.
    Standard Article 2 of the project exemption requires the exemptee 
to comply with any terms and conditions that the U.S. Fish and Wildlife 
Service (FWS), the National Marine Fisheries Service, and any state 
fish and wildlife agencies have determined are appropriate to prevent 
loss of, or damage to, fish or wildlife resources or otherwise to carry 
out the purposes of the Fish and Wildlife Coordination Act. To date, 
the exemptee has neither restored the project to operability nor 
complied with the directive of FWS to implement fish passage measures 
at the project.

[[Page 47249]]

Background

    The Boston Felt Project was granted an exemption from licensing on 
August 29, 1983 (24 FERC ] 62,240). The project stopped operations in 
May 2006, due to a breach of the project dam by high river flows.
    By letter of October 12, 2007, the Commission issued a letter to 
the exemptee directing it to file either a detailed plan and schedule 
to resume generation at the project, or a request to surrender the 
exemption. In response, the exemptee filed a plan and schedule on April 
28, 2008.
    By letter of July 3, 2008, the Commission directed the exemptee to 
provide quarterly progress reports of the status of project repairs to 
include documentation of contracts issued, permits obtained, agreements 
made, etc., which were to be filed October 1, 2008, January 1, 2009, 
April 1, 2009, July 1, 2009, and October 1, 2009, or until the project 
had resumed generation. In that letter, the exemptee was reminded that 
failure to provide progress reports showing adequate progress may 
subject it to further compliance action.
    By letter dated January 21, 2009, the FWS stated that, as a result 
of the Boston Felt Project being in a state of disrepair, the project 
was adversely impacting fish and wildlife resources of the Salmon Falls 
River and cited the need to implement fish passage measures, pursuant 
to the mandatory terms and conditions of the exemption. In its letter, 
the FWS further stated that it is in the public interest to revoke the 
project exemption and require removal of the remaining portion of the 
dam spillway.
    By letter of March 5, 2009, the Commission issued a letter to the 
exemptee requiring it to show cause why the Commission should not 
initiate proceedings to revoke its exemption for lack of adequate 
progress toward the resumption of generation at the project. In that 
letter, the Commission directed the exemptee to include documentation 
of contracts issued, permits obtained, agreements made, etc., to 
demonstrate adequate progress. In its response filed March 31, 2009, 
the exemptee stated that resumption of generation at the project may be 
beyond their available resources and further stated that, by August 1, 
2009, it would provide the detailed information requested in the 
Commission's March 5, 2009.
    To date, the information requested in the Commission's March 5, 
2009 letter, has not been filed and the project remains inoperative.
    l. 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, .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.
    m. Any filings must bear in all capital letters the title 
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, 
and the Project Number to which the filing refers.
    n. Agency Comments: Federal, State, and local agencies are invited 
to file comments on the described proceeding. If an agency does not 
file comments within the time specified for filing comments, it will be 
presumed to have no comments.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22101 Filed 9-14-09; 8:45 am]
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