[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Notices]
[Pages 58264-58265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24019]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6649-008]


Michael J. Donahue; 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.: 6649-008.
    c. Date Initiated: September 13, 2011.
    d. Exemptee: Michael J. Donahue.
    e. Name and Location of Project: The Fairbanks Mill Project is 
located on the Sleeper's River in Caledonia County, Vermont.
    f. Initiated Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Mr. Michael J. Donahue, Route 3, 
Box 269, Lincoln, NH 03251.
    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-6649-
008) on any documents or motions filed.
    j. Description of Existing Facilities: The inoperative project 
consists of the following existing facilities: (1) Timber-crib dam with 
an overall length of 60 feet and a maximum height of 10 feet; (2) an 
intake structure; (3) a 2-inch-diameter, 50-foot-long steel penstock; 
and (4) a powerhouse containing one unit with a total capacity of 18 
kilowatts.
    k. Description of Proceeding: The exemptee is currently in 
violation of Standard Article 1 of its exemption granted on October 8, 
1982 (21 FERC ] 62,070). Section 4.106(a) of the Commission's 
regulations, 18 CFR 4.106(a) (2011), 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 the early 1990s 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.
    Based on staff's most recent inspection on August 18, 2010, the 
exemptee has not made any progress toward bringing the project back 
into operation. On April 13, 2011, Commission staff sent a letter to 
the exemptee requiring him to show cause why the Commission should not 
initiate a proceeding to terminate the exemption based on his implied 
surrender of the exemption. The letter directed the exemptee to provide 
information, including documentation of contracts issued, permits 
obtained, agreements made, etc., and to show cause why the Commission 
should not terminate the exemption for lack of adequate progress toward 
the resumption of generation at the project. To date, the exemptee has 
failed to respond and the project remains inoperative. Commission staff 
continues to inspect the project every three years and reports that it 
remains inoperable and in poor condition.
    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 
email 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

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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 13, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-24019 Filed 9-19-11; 8:45 am]
BILLING CODE 6717-01-P