[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64197-64198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25077]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 9709-070]
ECOsponsible, LLC; Notice of Termination of License (Major
Project) 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. Application Type: Termination of License by Implied Surrender.
b. Project No: 9709-070.
c. Date Initiated: November 8, 2021.
d. Licensee: ECOsponsible, LLC.
e. Name of Project: Herkimer Hydroelectric Project.
f. Location: The Herkimer Hydroelectric Project is located on the
West Canada Creek, Herkimer County, New York.
g. Filed Pursuant to: Standard Article 26.
h. Applicant Contact: Mr. Dennis Ryan, ECOsponsible, LLC, 469
Snyder Road, East Aurora, New York 14052-9710.
i. FERC Contact: David Rudisail, (202) 502-6376,
[email protected].
j. Deadline for filing comments, motions to intervene and protests:
December 27, 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-9709-070. Comments emailed to Commission staff
are not considered part of the Commission record.
k. Description of Project Facilities: The project works include: A
timber crib dam with a 9-foot-high, 95-foot-long section reaching a
crest elevation of 420 feet mean sea level (msl) and 12-foot-high, 145-
foot-long section reaching a crest elevation of 419.2 feet msl; a
reservoir with a surface area of 19 acres, storage capacity of 163
acre-feet, and normal water surface elevation of 420.5 feet msl; timber
flashboards; an intake structure; a reinforced concrete and steel
powerhouse containing four generating units with a capacity of 400
kilowatts (kW) each and an 80-kW minimum flow generator at the base of
the dam for a total installed capacity of 1,680 kW; a 50-foot-long,
13.2-kilovolt transmission line; and appurtenant facilities. The
project has been not operated since 2006.
l. Description of Proceeding: License Article 26 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.
The project has fallen into disrepair and has not operated since
2006. The project was transferred to the licensee by order dated March
12, 2015 (2015 Order). The 2015 Order required the licensee to file a
plan and schedule to restore project operation within 60 days. Since
that time, the Commission's Division of Dam Safety and Inspections New
York Regional Office (NYRO) has issued eight letters requiring the
licensee to file a plan and schedule to make the needed repairs and to
restore project operation. The licensee has responded over the years
with at least five plans, but all have been deficient because they lack
sufficient detail for NYRO's review and approval. The licensee has
never filed satisfactory plans and specifications to repair the
project. On August 26, 2021, NYRO inspected the project and found it in
unsatisfactory condition and largely abandoned. The licensee did not
attend the inspection and has failed to respond to phone calls and
emails since. In a final letter to the licensee dated October 18, 2021,
NYRO again required the licensee to reply to past letters but the
licensee has stopped responding to the Commission.
m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
[[Page 64198]]
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,
.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.
o. 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.
p. 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 385.2001-385.2005. 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, motions to intervene, or protests 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: November 10, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-25077 Filed 11-16-21; 8:45 am]
BILLING CODE 6717-01-P