[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73653-73654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29794]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7910-006]


Milburnie Hydro Inc.; 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.: 7910-006.
    c. Date Initiated: December 4, 2012.
    d. Exemptee: Milburnie Hydro Inc.
    e. Name and Location of Project: The Milburnie Hydroelectric 
Project is located on Neuse River in Wake County, North Carolina.
    f. Filed Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Mr. Michael Allen, President, 
Milburnie Hydro, P.O. Box 1401, Burlington, NC 27216-1401.
    h. FERC Contact: Krista Sakallaris (202) 502-6302 or 
[email protected].
    i. Deadline for filing comments, protests, and motions to intervene 
is 30 days from the issuance date of this notice. Please file your 
submittal electronically via the Internet (eFiling) in lieu of paper. 
Please refer to the instructions on the Commission's Web site under 
http://www.ferc.gov/docs-filing/efiling.asp and filing instructions in 
the Commission's Regulations at 18 CFR section 385.2001(a)(1)(iii).\1\ 
To assist you with eFilings you should refer to the submission 
guidelines document at http://www.ferc.gov/help/submission-guide/user-guide.pdf. In addition, certain filing requirements have statutory or 
regulatory formatting and other instructions. You should refer to a 
list of these ``qualified documents'' at http://www.ferc.gov/docs-filing/efiling/filing.pdf. You must include your name and contact 
information at the end of your comments. Please include the project 
number (P-7910-006) on any documents or motions filed. The Commission 
strongly encourages electronic filings; otherwise, you should submit an 
original and seven copies of its submittal to the following address: 
The Secretary, Federal Energy Regulatory Commission, Mail Code: DHAC, 
PJ-12, 888 First Street NE., Washington, DC 20426.
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    \1\ http://www.ferc.gov/legal/fed-sta.asp Select the link for 
Code of Federal Regulations and navigate to Sec.  385.2001.
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    j. Description of Existing Facilities: The inoperative project 
consists of the following existing facilities: (1) A 14-foot-high and 
625-foot-long concrete dam; (2) a reservoir with an estimated storage 
area of 500 acre-feet; (3) a powerhouse with a total installed capacity 
of 645 kW; (4) transmission lines; and (5) appurtenant facilities.
    k. Description of Proceeding: The exemptee is in violation of 
Standard Article 1 of its exemption; which was granted on May 11, 1984 
(27 FERC ] 62,132). 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. At some point between May 2006 and September 2009, vandals 
stole wiring from the projects powerhouse, causing the project to 
become inoperable.
    On October 21, 2009, August 21, 2012, and on November 16, 2012, the 
Commission directed the exemptee to file a public safety plan and a 
plan and schedule to restore operation to the project, or to surrender 
the exemption. The Commission also informed the exemptee that it was in 
violation of the terms and conditions of the exemption. The exemptee 
has not attempted to restore project operation and has not responded to 
the Commissions letters by filing the required plans.
    The Division of Dam Safety and Inspections accompanied by staff 
from the U.S. Fish and Wildlife Service and the North Carolina 
Department of Environment and Natural Resources inspected the project 
in August 2012; neither the exemptee nor a representative for the 
project attended the inspection. The exemptee has not properly 
maintained the project and it remains inoperable. By not operating the 
project as proposed and authorized, the exemptee is in violation of the 
terms and conditions of the exemption.
    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-7910-006) 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

[[Page 73654]]

email of new filings and issuances related to this or other pending 
projects. For assistance, call toll-free 1-866-208-3676 or email 
[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: December 4, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-29794 Filed 12-10-12; 8:45 am]
BILLING CODE 6717-01-P