[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13665-13666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04657]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8233-001]


L.E. Bell Construction Company, 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.: 8233-001.
    c. Date Initiated: February 21, 2013.
    d. Exemptee: L.E. Bell Construction Company, Inc.
    e. Name and Location of Project: The Tallapoosa River Hydroelectric 
Project is located on the Tallapoosa River in Cleburne County, Alabama.
    f. Filed Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Mr. Larry E. Bell and Ms. Lynne B. 
Pyle, L.E. Bell Construction Company, Inc., 1226 County Road 11, 
Heflin, AL, 36264.
    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 of this notice by the Commission. 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-8233-001) 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 16-foot-high, 100-
foot-long concrete dam; (2) a reservoir with negligible storage 
capacity at elevation 819 feet m.s.l.; (3) a powerhouse at the base of 
the dam containing three generating units with a total rated capacity 
of 400 kW; and (4) a 300-foot-long transmission line tying into the 
existing Alabama Power Company's system.
    k. Description of Proceeding: The exemptee is in violation of 
Standard Article 1 of its exemption, which was granted on May 13, 1985 
(31 FERC ] 62,201). The Commission's regulation, 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 the reservoir has 
been drained.
    In November 2010 and in May of 2013 the Commission sent the 
exemptee letters providing details for filing a surrender application 
and requiring the exemptee to file information regarding their 
intentions to restore operation to the project. In January 2013, the 
Commission sent a letter requiring the exemptee to show cause why the 
Commission should not initial proceedings to terminate the exemption 
for failure to resume generation at the project. The exemptee has not 
responded to any of the Commissions correspondence, nor have they filed 
a surrender application.
    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-8233-001) 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 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

[[Page 13666]]

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: February 21, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-04657 Filed 2-27-13; 8:45 am]
BILLING CODE 6717-01-P