[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Notices]
[Pages 55903-55904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23022]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10172-038]


Missisquoi River Technologies; 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.: 10172-038.
    c. Date Initiated: September 1, 2011.
    d. Exemptee: Missisquoi River Technologies.
    e. Name and Location of Project: The North Troy Project is located 
on the Missisquoi River in Orleans County, Vermont.
    f. Filed Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Mr. Michael Fontes, Missisquoi 
River Technologies, 4594 Western Turnpike, Altamont, NY 12009.
    h. FERC Contact: Tom Papsidero, (202) 502-6002, 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-
10172-038) on any documents or motions filed.
    j. Description of Existing Facilities: The inoperative project 
consists of the following facilities: (1) A 12-foot-high, 90-foot-long 
dam; (2) an impoundment having a surface area of 17 acres with 
negligible storage and a normal water surface elevation of 536.7 feet 
mean sea level; (3) an intake structure; (4) a 225-foot-long, 6-foot-
diameter steel penstock; (5) a powerhouse containing one generating 
unit having an installed capacity of 400-kW; (6) a tailrace; (7) a 60-
foot-long, 13.2 kV transmission line; and (8) appurtenant facilities.
    k. Description of Proceeding: The exemptee is currently in 
violation of Standard Articles 1 and 2 of the exemption granted on June 
29, 1989 (47 FERC ] 62,284). 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 generated 
since 1998. The project needs a complete upgrade of the powerhouse 
electrical and mechanical systems as well as repair work to the turbine 
shaft and wicket gate assembly. The exemptee has not performed the 
necessary work to restore generation. The exemptee also has not 
installed a new 60-kW minimum flow turbine necessary to provide a 
portion of the minimum flow release and bring the total installed 
capacity up to the authorized generating capacity of 460-kW.
    Standard Article 2 of this exemption requires compliance with the 
mandatory terms and conditions prepared by federal or state fish and 
wildlife agencies to protect fish and wildlife resources. The exemption 
contains, among others, the following terms and conditions: (1) An 
instantaneous minimum flow release of 55 cubic feet per second (cfs) or 
inflow, whichever is less, into the bypassed reach of the Missisquoi 
River with at least 21 cfs spilling over the crest of the dam, (2) a 
plan for monitoring flow releases and providing records of discharges 
on a regular basis, and (3) downstream fish passage at the project. To 
date, the exemptee has not complied with these requirements and the 
project remains inoperative.
    Commission staff has sent the exemptee letters stating that failure 
to operate the project is a violation of the terms and conditions of 
the exemption. On October 5, 2009, the exemptee filed a letter 
providing an outline of the remainder of the work needed to complete 
the repair of the project and restore generation and stated that it 
should be able to complete the work by September 2010. On June 17, 
2011, Commission staff again wrote to the exemptee requiring the 
exemptee, within 30 days, to file a plan and

[[Page 55904]]

schedule to resume operating and show cause why the Commission should 
not initiate a proceeding to terminate the exemption based on the 
exemptee's implied surrender of the exemption. In a response filed July 
18, 2011, the exemptee stated, among other things, that the status of 
the project has not changed significantly since a July 2010 inspection 
by the New York Regional Office, which reported that significant work 
was needed to resume generation.
    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 excluding the last three digits 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 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: September 1, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-23022 Filed 9-8-11; 8:45 am]
BILLING CODE 6717-01-P