[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Pages 60489-60490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25054]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8866-009]


Lynn E. Stevenson; Notice of Termination of License by Implied 
Surrender and Soliciting Comments and Motions To Intervene

    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.: 8866-009.
    c. Date Initiated: September 23, 2011 (notice date).
    d. Licensee: Lynn E. Stevenson.
    e. Name and Location of Project: The constructed 70-kilowatt (kW) 
Project No. 2 is located on an unnamed stream, which is a tributary of 
the Snake River in Gooding County, ID (T. 6 S., R. 13 E., sec. 18, lot 
7, Boise Meridian, Idaho).
    f. Proceeding Initiated Pursuant to: Standard Article 16 of the 
project's license and 18 CFR 6.4 (2011).
    g. FERC Contact: Diane Murray, (202) 502-8838.
    h. Deadline for filing comments, protests, and motions to 
intervene: October 23, 2011.
    Comments, Motions to Intervene, and Protests may be filed 
electronically via the Internet. See 18 CFR 385.2001(a)(l)(iii) and the 
instructions on the Commission's website under the ``eFiling'' link. 
Please include the project number (P-8866-009) on any documents or 
motions filed. If unable to be filed electronically, documents may be 
paper-filed. To paper-file, an original and eight copies should be 
mailed to: Secretary, Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426. For more information on how to 
submit these types of filings, please go to the Commission's website 
located at http://www.ferc.gov/filing-comments.asp.
    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.
    i. Description of Existing Facilities: (1) An intake at elevation 
2,810 feet; (2) a concrete transition box; (3) an 18-inch-diameter, 
400-foot-long steel penstock; (4) a powerhouse containing a single 
generating unit with a rated capacity of 70 kW; (5) a tailrace 
discharging into the Snake River; (6) a 135-foot-long, 34.5-kV 
transmission line; and (7) appurtenant facilities.
    j. Description of Proceeding:
    Section 6.4 of the Commission's regulations, 18 CFR 6.4, provides, 
among other things, that it is deemed to be intent of a licensee to 
surrender a license, if the licensee abandons a project for a period of 
three years. In addition, standard Article 16 of the license for 
Project No. 8866 provides, in pertinent part:

    If the Licensee shall cause or suffer essential project property 
to be removed or destroyed or to become unfit for use, without 
adequate replacement, or shall abandon or discontinue good faith 
operation of the project or refuse or neglect to comply with the 
terms of the license and the lawful orders of the Commission * * *, 
the Commission will deem it to be the intent of the Licensee to 
surrender the license * * *

    The Commission issued a minor license for the project in 1986 to 
Lynn E. Stevenson.\1\ The project has not operated since a downstream 
landslide in 1993 and has been abandoned. On April 10, 2007, during the 
inspection of the project by the Portland Regional office, Commission 
staff noted that the project was not operable and had not been operated 
since the landslide in 1993. During a May 11, 2010 inspection, 
Commission staff noted damage to the powerhouse and to the equipment in 
the powerhouse from previous flooding. By letter of July 27, 2011 to 
the estate of Lynn E. Stevenson, Commission staff required the licensee 
to show cause why the Commission should not initiate a proceeding to 
terminate the license for the project based on the licensee's implied 
surrender of the licensee. The licensee did not respond.
---------------------------------------------------------------------------

    \1\ 34 FERC ] 62,530 (1986). Mr. Stevenson died in 2003 and 
Black Canyon Bliss, LLC purchased the project lands and facilities 
from the estate of Lynn E. Stevenson. Neither the estate nor the 
current owners have requested a transfer of license; therefore, the 
license remains with the estate of Lynn Stevenson. The project has 
been mistakenly referred to as Project No. 8865 since 2004. The 
Secretary of the Commission corrected this oversight on July 18, 
2011 with the issuance of a Notice of Change in Docket Numbers.
---------------------------------------------------------------------------

    To date, the licensee has not made the necessary repairs to resume 
operations at the project and the project is abandoned.
    k. 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 website at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number 
excluding the last three digits in

[[Page 60490]]

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.
    l. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    m. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS', ``PROTEST'', or 
``MOTION TO INTERVENE'', and ``RECOMMENTATIONS FOR TERMS AND 
CONDITIONS'', as applicable, and the Project Number of the proceeding.
    n. Agency Comments--Federal, states, 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.

    Dated: September 23, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-25054 Filed 9-28-11; 8:45 am]
BILLING CODE 6717-01-P