[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Page 8330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3625]



[[Page 8330]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3156-029]


Miller and Miller; Notice of Termination of License by Implied 
Surrender and Soliciting Comments, Protests, and Motions To Intervene

February 17, 2010.
    Take notice that the following hydroelectric proceeding has been 
initiated by the Commission:

    a. Type of Proceeding: Termination of license by implied surrender.
    b. Project No.: 3156-029.
    c. Date Initiated: February 3, 2010.
    d. Licensee: The licensee is Miller and Miller.
    e. Name and Location of Project: The constructed 280-kilowatt 
Worthville Dam Project is located on the Deep River in Randolph County, 
North Carolina.
    f. Filed Pursuant to: 18 CFR 6.4.
    g. Licensee Contact Information: Mr. Ernest Miller, Miller and 
Miller, 122 East Lindsay St., P.O. Box 20561, Greensboro, NC 27401, Mr. 
Ernest W. Miller, 6001 Pelican Bay Blvd, Naples, FL 34108-8166, Mr. H. 
Bruce Cox, Cox Hydroelectric, 5666 Hinshaw Town Road, Ramseur, NC 
27316, and Mr. Mark K. Seifert, 107 Saint Brides Court, Cary, North 
Carolina 27518.
    h. FERC Contact: Robert Bell, (202) 502-6062.
    i. Deadline for Filing Comments, Protests, and Motions To 
Intervene: March 19, 2010.
    All documents (original and eight copies) should be filed with the, 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426. 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 the ``e-Filing'' link. The Commission strongly encourages 
electronic filings. Please include the project number (P-3156-029) on 
any documents or motions filed.
    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.
    j. Description of Existing Facilities: The constructed project 
consists of the following existing facilities: (1) An existing dam 230 
feet long and 20 feet high, (2) an existing reservoir with a surface 
area of 305 acres and a storage capacity of 105 acre-feet, (3) a 
proposed 280 kW generator and turbine installation, and appurtenant 
facilities. The Worthville Dam Project would be operated as a run-of-
the-river facility with an average annual generation of 0.84 GWh. Power 
generated at the project would be sold to Carolina Power and Light 
Company via a transmission line less than 200 yards long.
    k. Description of Proceeding: 18 CFR 6.4 of the Commission's 
regulations provides, among other things, that it is deemed to be the 
intent of a licensee to surrender a license, if the licensee abandons a 
project for a period of three years.
    A license for the Worthville Project was issued by Order Issuing 
License on October 28, 1982 (21 FERC ] 62,112) and was transfered to 
Miller and Miller on June 25, 1986. The project has been non-
operational since May 1995. The Commission has requested that the 
license file the detailed plan and schedule to put the project back 
into operation numerous times. These requests have been made by letters 
dated September 29, 1999, September 28, 2001, August 29, 2003, November 
20, 2003, January 26, 2006, September 18, 2008, and most recently 
December 16, 2009. No plan and schedule have been filed.
    On January 15, 2010, the licensee requested a 90 day extension of 
time to provide the requested information. This request was denied on 
February 4, 2010, stating that the Commission proposes to terminate the 
license by implied surrender
    To date, the licensee has not made the necessary repairs to resume 
operations at the project and the project is hereby considered 
abandoned.
    l. Location of the Order: A copy of the order is available for 
inspection and reproduction at the Commission in the Public Reference 
Room or may 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.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. 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 for the proceeding.
    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.
    o. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or 
``MOTION TO INTERVENE'', and ``RECOMMENDATIONS FOR TERMS AND 
CONDITIONS'', as applicable, and the Project Number of the proceeding. 
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. An additional copy must be 
sent to Director, Division of Hydropower Administration and Compliance, 
Federal Energy Regulatory Commission, at the above-mentioned address.
    p. 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. 2010-3625 Filed 2-23-10; 8:45 am]
BILLING CODE 6717-01-P