[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Notices]
[Pages 13539-13540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04829]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2785-103, 10809-051, 10810-057]


Boyce Hydro Power, LLC; Notice of Termination of Licenses 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 Licenses by Implied 
Surrender.
    b. Project Nos: P-2785-103, P-10809-051, and P-10810-057.
    c. Date Initiated: February 5, 2021.
    d. Licensee: Boyce Hydro Power, LLC (Boyce Hydro).
    e. Name of Projects: Sanford (P-2785), Secord (P-10809) and 
Smallwood (P-10810) Hydroelectric Projects (Boyce Projects).
    f. Location: The projects are located on the Tittabawasee River in 
Midland and Gladwin counties, Michigan.
    g. Filed Pursuant to: 18 CFR 6.4.
    h. Applicant Contact: Mr. Michael A. Swiger, Van Ness Feldman, LLP, 
1050 Thomas Jefferson Street NW, Washington, DC 20007. (202) 298-1800, 
[email protected].
    i. FERC Contact: Rebecca Martin, (202) 502-6012, 
[email protected].
    j. Deadline for filing comments, motions to intervene and protests: 
June 1, 2021.
    The Commission strongly encourages electronic filing. Please file 
comments, motions to intervene, and protests 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, you may 
submit a paper copy. Submissions sent via the U.S. Postal Service must 
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory 
Commission, 888 First Street NE, Room 1A, Washington, DC 20426. 
Submissions sent via any other carrier must be addressed to: Kimberly 
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins 
Avenue, Rockville, Maryland 20852. The first page of any filing should 
include docket numbers P-2785-103, P-10809-051, and P-10810-057. 
Comments emailed to Commission staff are not considered part of the 
Commission record.
    k. Description of Projects Facilities: The Boyce Projects are 
located on the Tittabawassee River with the Secord Project being the 
most upstream, followed by the Smallwood Project, which is located 
approximately seven river miles downstream, followed by the non-
jurisdictional Edenville dam (formerly FERC Project No. 10808), which 
is located approximately 13 river miles downstream of the Smallwood 
Project, at the confluence of the Tittabawassee and Tobacco Rivers. The 
Sanford Project is located approximately 11 river miles downstream of 
Edenville Dam.
    The Secord Project was licensed on October 16, 1998. The project 
works consist of: (1) The 1,100-acre reservoir, Secord Lake; (2) a 47-
foot-long intake structure; (3) an earthen dam with a 1,400-foot-long, 
55-foot-high section between the left abutment and the powerhouse, a 
600-foot-long section between the spillway and the right abutment; (4) 
a reinforced concrete multiple arch spillway with an ogee crest and two 
Taintor gates; (5) a powerhouse integral with the dam housing with one 
Francis vertical-axis turbine-generator unit with installed capacity of 
1,200 kilowatts (kW); and (6) appurtenant facilities.
    The Smallwood Project was licensed on October 16, 1998. The project 
works consist of: (1) The 500-acre reservoir, Smallwood Lake; (2) a 52-
foot-long, 25-foot-high, and 50-foot-wide reinforced concrete hollow 
gravity spillway dam at the base; (3) two 25.3-foot-wide, 10-foot-high 
steel Taintor gates on top of the spillway crest; (4) a 100-foot-long, 
40-foot-high right-side earth embankment; (5) a 550-foot-long, 40-foot-
high left-side earth embankment; (6) a 55-foot-long, 27-foot-wide, and 
65-foot-high reinforced concrete powerhouse integral with the spillway 
housing a vertical axis, open flume turbine-generator unit with 
capacity of 1,200 kW; and (7) appurtenant facilities.
    On May 19, 2020, the Sanford Project, licensed on December 1, 1987, 
was breached. This breach resulted in the loss of the right embankment 
and fuse plug and significant erosion of the left bank. However, as 
licensed, the project works consisted of: (1) A 1,526-acre reservoir; 
(2) a 26-foot-high, 1,600-foot-long dam with an integrated 71-foot-long 
powerhouse section, a 149-foot-long spillway section controlled by six 
Taintor gates, and a 1,380-foot-long earth embankment; (3) a masonry 
powerhouse housing three generating units with a total installed 
capacity of 3,300 kW; (4) a 40-foot-long, 2.3-kilovolt transmission 
line; and (5) appurtenant facilities.
    l. Description of Proceeding: The Commission's regulations, at 18 
CFR 6.4, provide that if a licensee shall cause or suffer essential 
property to be removed or destroyed, or become unfit for use, without 
replacement it is deemed to be the intent of a licensee to surrender 
the license, and the Commission may, and not less than 90 days after 
public notice, in its discretion terminate the license by implied 
surrender.
    The Commission is issuing this notice of termination by implied 
surrender based on case specifics. On May 19, 2020, the floodwaters of 
the Tittabawassee and Tobacco Rivers breached the Edenville Dam and the 
downstream Sanford Dam. The Secord and Smallwood Dams were not 
breached. The breaches and flooding caused substantial damage to the 
surrounding communities, washing out major roads, destroying homes, and 
forcing the evacuation of thousands of residents. The Commission's 
Division of Dam Safety and Inspections issued numerous directives 
relating to dam and public safety at the Boyce Projects that Boyce 
Hydro failed to address. Boyce Hydro filed for bankruptcy protection on 
July 31, 2020. Midland and Gladwin Counties, Michigan, acting through 
their delegated authority, the Four Lakes Task Force, filed 
condemnation petitions against Boyce Hydro. On December 23, 2020, and 
December 28, 2020, the circuit court judges granted the petitions, 
which resulted in the transfer of all properties associated with the 
Secord, Sanford, Smallwood, and the non-jurisdictional Edenville 
Projects to Four Lakes Task Force, retroactively, effective to July 31, 
2020.

[[Page 13540]]

    m. Location of the Orders Issuing Licenses: These orders may be 
viewed on the Commission's website at http://www.ferc.gov using the 
``eLibrary'' link. Enter the docket number excluding the last three 
digits in the docket number field to access the document. 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 1-866-208-3676 or email 
[email protected], for TTY, call (202) 502-8659. Agencies may 
obtain copies of the application directly from the applicant.
    n. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    o. 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, 
.214, respectively. 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. The Commission 
invites comments by the Four Lakes Task Force, which now owns the 
project works for the three projects, as well by Michigan Department of 
Environment Great Lakes and Energy, which would become the regulator of 
the facilities should the Commission terminate the licenses.
    p. Agency Comments: Federal, state, and local agencies are invited 
to file comments on the described proceeding. If an agency does not 
file comments within the time specified for filing comments, it will be 
presumed to have no comments.
    q. 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 commenting, 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. Any filing made by an intervenor 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 385.2010.

    Dated: March 3, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-04829 Filed 3-8-21; 8:45 am]
BILLING CODE 6717-01-P