[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Notices]
[Pages 52657-52658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21499]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4754-004]


Herschel L. Webster; Revonda Amthor; Notice of Termination of 
Exemption by Implied Surrender and Soliciting Comments, Protests, and 
Motions To Intervene

    Take notice that the following hydroelectric proceeding has been 
initiated by the Commission:
    a. Type of Proceeding: Termination of exemption by implied 
surrender.
    b. Project No.: 4754-004.
    c. Date Initiated: August 16, 2011.
    d. Exemptee: Herschel L. Webster/Revonda Amthor.
    e. Name and Location of Project: The Webster Lake Project is 
located on White Creek near Cleveland, in White County, Georgia.
    f. Issued Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Mr. Herschel L. Webster, c/o Ms. 
Glenda Maher or Ms. Revonda Amthor, 245 Stephens Drive, Cleveland, GA 
30528; phone (706) 865-4267.
    h. FERC Contact: Diane M. Murray, (202) 502-8838, or 
[email protected].
    i. Deadline for filing comments, protests, and motions to intervene 
is 30 days from the issuance date of this notice. All documents 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 
at http://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly 
encourages electronic filings. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and seven 
copies should be sent to: The Secretary, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426. Commenters can 
submit brief comments up to 6,000 characters, without prior 
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information 
at the end of your comments. Please include the project number (P-4754-
004) on any documents or motions filed.
    j. Description of Existing Facilities: The inoperative project 
consists of the following existing facilities: (1) An earthfill dam 
approximately 339 feet long and 17 feet high with an ungated spillway 
about 150 feet long; (2) a reservoir of approximately 21 acres and a 
maximum storage capacity of approximately 171 acre-feet; (3) an 
approach channel approximately 1,000 feet long and 8 feet wide at the 
bottom; (4) a 3-foot-diameter, 355-foot-long steel penstock; (5) a 
powerhouse containing two generating units: Unit No. 1 consists of a 
300-kW generator connected to a 190-kW turbine, and Unit No. 2 consists 
of a 200-kW generator connected to a 85-kW turbine; (6) a two-mile-
long, 14.4-kV transmission line; and (7) appurtenant facilities.
    k. Description of Proceeding: The exemptee is currently in 
violation of Standard Article 1 of its exemption granted on May 11, 
1982 (19 FERC ]62,223). Section 4.106 of the Commission's regulations, 
18 CFR 4.106, provides, among other things, that the Commission 
reserves the right to revoke an exemption if any term or condition of 
the exemption is violated. The project has not operated since 1996 and 
has been abandoned by the exemptee. By not operating the project as 
proposed and authorized, the exemptee is in violation of the terms and 
conditions of the exemption.
    On February 15, 2006, the Commission staff sent the exemptee a 
letter concerning the non-operating status of its project and requested 
information on its future plans for the project or for the surrender of 
the exemption. The exemptee did not file a response. On November 29, 
2006, the Commission staff again sent a letter stating that the 
Commission may consider the failure of the exemptee to repair the 
project as its intent to surrender the exemption. The exemptee did not 
file a response.
    On June 25, 2009, Commission staff required the exemptee to file a 
plan to address non-compliance issues within 45 days and again informed 
the exemptee that the Commission may consider its failure to address 
the non-compliance issues as its intent to surrender the exemption. The 
exemptee failed to respond. On April 12, 2011, Commission staff 
informed the exemptee that it was in violation of the terms and 
conditions of the exemption. The Commission required the exemptee to 
show cause within 30 days why the exemption should not be revoked. The 
exemptee did not file a response. To date, the exemptee has failed to 
file the information requested by Commission staff and the project 
remains inoperative.
    l. This notice is available for review and reproduction at the 
Commission in the Public Reference Room, Room 2A, 888 First Street, 
NE., Washington, DC 20426. The filing may also be viewed on the 
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. 
Enter the docket number (P-4754) in the docket number field to access 
the notice. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and 
issuances related to this or other pending projects. 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, 
385.211, and 385.214. In determining the appropriate action to take, 
the Commission will consider all protests 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 protests or motions to 
intervene must be received on or before the specified deadline date for 
the particular proceeding.
    o. Filing and Service of Responsive Documents--Any filing must: (1) 
Bear in all capital letters the title ``COMMENTS,'' ``PROTEST,'' or 
``MOTION TO INTERVENE,'' as applicable; (2) set forth in the heading 
the project number of the proceeding to which the filing responds; (3) 
furnish the name, address, and telephone number of the person 
commenting, protesting or intervening; and (4) otherwise comply with 
the requirements of 18 CFR 385.2001 through 385.2005. All comments, 
protests or motions to intervene must set forth their evidentiary basis 
and otherwise comply with the requirements of 18 CFR 4.34(b). All 
comments, protests, or motions to intervene should relate to project 
works, which are the subject of the termination of exemption. A copy of 
any protest or

[[Page 52658]]

motion to intervene must be served upon each representative of the 
exemptee specified in item g above. 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 all other filings in reference to this notice must be accompanied by 
proof of service on all persons listed in the service list prepared by 
the Commission in this proceeding, in accordance with 18 CFR 4.34(b) 
and 385.2010.
    p. Agency Comments--Federal, state, and local agencies are invited 
to file comments on the described proceeding. If any agency does not 
file comments within the time specified for filing comments, it will be 
presumed to have no comments.

    Dated: August 17, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-21499 Filed 8-22-11; 8:45 am]
BILLING CODE 6717-01-P