[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Pages 56315-56316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24701]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 11426-000]
T.A. Keck, III and H.S. Keck; Notice of Existing Licensee's
Failure To File a Notice of Intent To File a Subsequent License
Application, and Soliciting Notices of Intent To File a License
Application and Pre-Application Documents
The current license for T.A. Keck, III and H.S. Keck's (the Kecks')
Blackstone Mill Hydroelectric Project No. 11426 (Blackstone Mill
Project) was issued on November 18, 1993, for a term of 30 years,
ending October 31, 2023.\1\ The 65-
[[Page 56316]]
kilowatt (kW) project is located on East Mahantango Creek, a tributary
of the Susquehanna River near the Town of Pillow, in Dauphin County,
Pennsylvania.
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\1\ See T.A. Keck, III and H.S. Keck, 65 FERC ] 62,149 (1993).
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The principal project works consist of: (1) A 102-foot-long,
approximately 2.5-foot-high dam; (2) a reservoir with a surface area of
about 3 acres and a total volume of about 7 acre-feet at the normal
water surface elevation of approximately 470 feet mean sea level; (3) a
headrace or power canal about 3,200 feet long by 20 feet wide by 5 feet
deep; (4) a stone-masonry powerhouse containing two generating units
rated at 50 kW and 15 kW for a total installed capacity of 65 kW; (5)
an overhead 240-volt transmission line about 60 feet long; and (6)
appurtenant equipment and facilities.
At least five years before the expiration of a license for a minor
water power project in which sections 14 and 15 of the Federal Power
Act were waived, the Commission's regulations require the licensee to
file with the Commission a notice of intent (NOI) that contains an
unequivocal statement of the licensee's intention to file or not to
file an application for a subsequent license, details on the principal
project works and installed plant capacity, and other information.\2\
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\2\ 18 CFR 16.19(b) (2018) (citing 18 CFR 16.6(b)). Section
16.19(b) applies to licenses not subject to Parts 14 and 15 of the
Federal Power Act.
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If such a licensee does not inform the Commission that it intends
to file an application for, in this case, a subsequent license for the
project, the licensee may not file an application for a subsequent
license, either individually or in conjunction with an entity or
entities that are not currently licensees of the project.\3\
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\3\ 18 CFR 16.24(b) (2018).
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Because the existing license expires on October 31, 2023, the NOI
was due to be filed no later than the close of business on October 31,
2018. The Kecks, the existing licensee for the Blackstone Mill Project,
failed to file an NOI by this date.
Any party interested in filing a license application for the
Blackstone Mill Project No. 11426 must first file a Notice of Intent
(NOI) \4\ and pre-application document (PAD) \5\ pursuant to Part 5 of
the Commission's regulations. Although the integrated licensing process
(ILP) is the default pre-filing process, section 5.3(b) of the
Commission's regulations allows a potential license applicant to
request to use alternative licensing procedures when it files its
NOI.\6\
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\4\ 18 CFR 5.5 (2018).
\5\ 18 CFR 5.6 (2018).
\6\ 18 CFR 5.3(b) (2018).
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This notice sets a deadline of 120 days from the date of this
notice for interested applicants, other than the existing licensee, to
file NOIs, PADs, and requests to use an alternative licensing process.
Applications for a subsequent license from potential (non-licensee)
applicants must be filed with the Commission at least 24 months prior
to the expiration of the existing license.\7\ Because the existing
license expires on October 31, 2023, applications for license for this
project must be filed by October 31, 2021.\8\
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\7\ 18 CFR 16.20 (2018).
\8\ To the extent an interested applicant files an NOI and PAD
and elects or is required to use the Commission's ILP, a process
plan will be issued within 180 days of this notice, which
accelerates the steps of the ILP to allow for filing a subsequent
license application by the October 31, 2021 deadline.
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Questions concerning this notice should be directed to Andy Bernick
at (202) 502-8660 or [email protected].
Dated: November 6, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-24701 Filed 11-9-18; 8:45 am]
BILLING CODE 6717-01-P