[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Page 23477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09228]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7656-012]


John A. Dodson; Notice of Proposed Termination of License 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: Proposed Termination of License by Implied 
Surrender.
    b. Project No.: 7656-012.
    c. Date Initiated: April 14, 2016.
    d. Licensee: John A. Dodson.
    e. Name and Location of Project: Buttermilk Falls Hydroelectric 
Project located on Buttermilk Falls Brook, in Orange County, New York.
    f. Filed Pursuant to: Standard Article 16.
    g. Licensee Contact Information: Mr. John A. Dodson, P.O. Box 221, 
Highland Falls, New York 10928, Phone: (914) 446-7704.
    h. FERC Contact: Mr. Ashish Desai, (202) 502-8370, 
[email protected].
    i. Deadline for filing comments, protests, and motions to intervene 
is 30 days from the issuance date of this notice by the Commission. The 
Commission strongly encourages electronic filing. Please file comments, 
protests, and motions to intervene using the Commission's eFiling 
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can 
submit brief comments up to 6,000 characters, without prior 
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information 
at the end of your comments. For assistance, please contact FERC Online 
Support at [email protected], (866) 208-3676 (toll free), or 
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper 
copy to: Secretary, Federal Energy Regulatory Commission, 888 First 
Street NE., Washington, DC 20426. The first page of any filing should 
include docket number P-7656-012.
    j. Description of Project Facilities: (1) An 18-inch-high, 15-foot-
long dam; (2) an 18-inch-diameter, 400-foot-long PVC penstock; (3) a 
powerhouse containing two generating units for a total installed 
capacity of 79 kilowatts; (4) a 300-foot-long, 480-volt transmission 
line; and (5) appurtenant facilities.
    k. Description of Proceeding: The licensee is in violation of 
standard Article 16 of its license issued on June 24, 1986 (35 FERC ] 
62,532). Article 16 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 mailed to the record address of the Licensee or its agent, 
the Commission will deem it to be the intent of the Licensee to 
surrender the license.
    Commission records indicate that the project has not been operated 
since the fall of 2012 when heavy storms flooded the powerhouse. Due to 
an ongoing property rights dispute involving access to and the use of 
lands needed for project purposes, the licensee has been reluctant to 
repair the project and return it to service. In addition, the licensee 
has not responded to several Commission requests to file a plan and 
schedule to restore project operation in a timely manner.
    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 notice and other project records may also be 
viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the Docket number (P-7656-012) 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 (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, .211, 
and .214. In determining the appropriate action to take, the Commission 
will consider all protests or other comments 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 comments, protests, or 
motions to intervene must be received on or before the specified 
comment date for the particular application.
    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 
name of the applicant and the project number of the application to 
which the filing responds; (3) furnish the name, address, and telephone 
number of the person protesting or intervening; and (4) otherwise 
comply with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, motions to intervene, or protests 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 implied surrender. A copy 
of any protest or motion to intervene must be served upon each 
representative of the applicant specified in the particular 
application. 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 application 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.

    Dated: April 15, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-09228 Filed 4-20-16; 8:45 am]
 BILLING CODE 6717-01-P