[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50411-50412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20161]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6618-007]


Christopher M. Anthony; Notice of Termination of Exemption by 
Implied Surrender and Soliciting Comments and Protests

    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.: 6618-007.
    c. Date Initiated: August 13, 2013.
    d. Exemptee: Christopher M. Anthony.
    e. Name and Location of Project: The Frankfort Project is located 
at the head of tide on Marsh Stream, near the Town of Frankfort, in 
Waldo County, Maine.
    f. Filed Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Christopher Anthony, Express Hydro 
Services, 312 Somerset Avenue, Pittsfield, Maine 04967.
    h. FERC Contact: B. Peter Yarrington, (202) 502-6129 or 
[email protected].
    i. Deadline for filing comments and protests 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 385.2001(a)(1)(iii). 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-6618-007) on any 
documents or motions filed. The Commission strongly encourages 
electronic filings; otherwise, you should submit an original and seven 
copies of any submittal to the following address: The Secretary, 
Federal Energy Regulatory Commission, Mail Code: DHAC, PJ-12, 888 First 
Street NE., Washington, DC 20426.
    j. Description of Project Facilities: The project consists of a 
powerhouse containing one generator unit rated at 400 kilowatts with a 
hydraulic capacity of 440 cubic feet per second, a Denil-style fishway, 
and appurtenant facilities. The dam used by the project, which is 
immediately adjacent to the powerhouse, is a 14-foot-high, 250-foot-
long stone masonry structure owned by the Town of Frankfort.
    k. Description of Proceeding: The project's exemption from 
licensing was granted September 20, 1982 (20 FERC ] 62,498). Article 2 
of the exemption requires the exemptee to comply with any terms and 
conditions set by federal and state resource agencies for the 
protection of fish and wildlife resources. The exemptee has failed to 
comply with terms and conditions set by the U.S. Fish and Wildlife 
Service (FWS) and the state of Maine for designing, constructing, and 
operating fish passage facilities at the project.
    The exemptee completed installation of facilities for upstream and 
downstream passage of fish, including Atlantic salmon, pursuant to 
Article 2 in 1986; however, deficiencies in the design and construction 
of the facilities, and ongoing lack of maintenance, have prevented the 
successful operation of the facilities pursuant to Article 2. In 2009, 
Atlantic salmon using project waters were federally listed as 
endangered under the Endangered Species Act and in May 2012, Commission 
staff and staff from the FWS and National Marine Fisheries Service 
began to work intensively with the exemptee to correct ongoing problems 
with the fish passage facilities. To date, the exemptee has failed to 
make any significant progress in correcting the problems, despite 
notice from Commission staff that such failure constitutes violation of 
Article 2 and threatens endangered Atlantic salmon.
    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-6618-007) excluding the last three digits in the 
docket number field to access the notice. You may also register online 
at

[[Page 50412]]

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 and Protests--Anyone may submit comments or protests in 
accordance with the requirements of Rules of Practice and Procedure, 18 
CFR 385.210 and 385.211. In determining the appropriate action to take, 
the Commission will consider all protests filed. Any protests 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 or ``PROTEST,'' 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 or protesting; and (4) 
otherwise comply with the requirements of 18 CFR 385.2001 through 
385.2005. All comments or protests must set forth their evidentiary 
basis and otherwise comply with the requirements of 18 CFR 4.34(b). All 
comments or protests should relate to project works which are the 
subject of the termination of exemption. A copy of any protest must be 
served upon each representative of the exemptee specified in item g 
above. 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: August 13, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-20161 Filed 8-16-13; 8:45 am]
BILLING CODE 6717-01-P