[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Notices]
[Pages 21230-21231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08407]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9709-064]


Trafalgar Power, Inc.; Notice of Termination of License (Minor 
Project) 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 license by implied surrender.
    b. Project No.: 9709-064.
    c. Date Initiated: April 7, 2014.
    d. Licensee: Trafalgar Power, Inc.
    e. Name and Location of Project: The Herkimer Hydroelectric Project 
is located on the West Canada Creek, in Herkimer County, New York.
    f. Filed Pursuant to: Standard Article 17.
    g. Licensee Contact Information: Mr. Peter Michaud, Regulatory 
Affairs Manager Algonquin Power & Utilities Corp., 2845 Bristol Circle, 
Oakville, Ontario, Canada L6h-7H7, (905) 465-4516.
    h. FERC Contact: Krista Sakallaris, (202) 502-6302, 
[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 section 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 (9709-064) 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: (1) A timber crib dam 
consisting of: (a) A 9-foot-high, 95-foot-long section with a crest 
elevation of 420.0 feet m.s.l.; and (b) a 12-foot-high, 145-foot-long 
section with a crest elevation of 419.2 feet m.s.l.; (2) a reservoir 
with a surface area of 19 acres, a storage capacity of 163 acre-feet, 
and a normal water surface elevation of 420.5 feet m.s.l.; (3) timber 
flashboards; (4) an intake structure; (5) a reinforced concrete and 
steel powerhouse containing four generating units with a capacity of 
400 kW each and a 110 kW minimum flow generator at the base of the dam 
for a total installed capacity of 1,710 kW; (6) a 50-foot-long, 13.2 
kilovolt transmission line; and (7) appurtenant facilities.
    k. Description of Proceeding: The licensee is in violation of 
Article 17 of its license, issued April 22, 1987, which states in part: 
If the Licensee 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.
    Commission records indicate that the four main generating units 
stopped operating in 2004 and the fifth minimum flow-generating unit 
became inoperable in 2006. Additionally, severe floods occurring in 
June 2006 and April 2011 washed out the flashboards, causing debris 
damage, which the licensee has not repaired.
    The Commission's Division of Dam Safety and Inspections last 
inspected the project on June 12, 2012. The inspection found that the 
licensee does not have plans to restore the non-operating generating 
units, but is committed to maintaining the dam in a safe condition. The 
licensee filed with the Commission a Dam Safety Surveillance and 
Monitoring Report on March 10, 2014. The report states that the 
licensee must seek approval from a bankruptcy court before receiving 
any funds for project repairs.
    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-9709-064) 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 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,

[[Page 21231]]

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 license. A copy of any protest must be 
served upon each representative of the licensee 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: April 7, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-08407 Filed 4-14-14; 8:45 am]
BILLING CODE 6717-01-P