[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Notices]
[Pages 26749-26750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09638]



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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2705-037]


Seattle City Light; Notice of Application for Surrender of 
License, Soliciting Comments, Motions To Intervene, and Protests; and 
Notice of Existing Licensee's Intent Not To File a New License 
Application

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Application for surrender of license.
    b. Project No.: 2705-037.
    c. Date Filed: January 28, 2022.
    d. Licensee: Seattle City Light.
    e. Name of Project: Newhalem Creek Hydroelectric Project.
    f. Location: The project is located on the Newhalem Creek in 
Whatcom County, Washington. The project occupies federal lands within 
the Ross Lake National Recreation Area managed by the National Park 
Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Licensee Contact: Mr. Michael Haynes, Assistant General Manager, 
Seattle City Light, P.O. Box 3402, Seattle, WA 98124.
    i. FERC Contact: Diana Shannon, (202) 502-6136, 
[email protected].
    j. Deadline for filing comments, interventions, and protests: May 
31, 2022.
    The Commission strongly encourages electronic filing. Please file 
motions to intervene, protests and comments 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-2705-037.
    The Commission's Rules of Practice and Procedure require all 
intervenors filing documents with the Commission to serve a copy of 
that document on each person whose name appears on the official service 
list for the project. Further, if an intervenor 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.
    k. Description of Request: The licensee proposes to surrender the 
project which occupies 6.4 acres of federal land managed by the 
National Park Service. The licensee states that the project is no 
longer operational and had not been consistently in service since 2010 
due to the following issues: Leaks in the power tunnel; maintenance 
needs at the headworks and powerhouse; and safety concerns along the 
access road due to an active landslide. The licensee states that the 
revenues anticipated form continued operation of the Project were 
exceeded by the estimated costs of making the needed repairs and 
seeking relicensing. In its surrender application, the licensee 
proposes to: Remove the diversion dam and associated headworks 
structures, tailrace fish barrier, and certain overhead transmission 
lines; seal the rock shaft and power tunnel; decommission the access 
road and powerhouse; and leave the powerhouse, tailrace, and penstock 
in place. The current license expires on January 31, 2027.
    l. At least five years, but no more than five and one-half years, 
before the expiration of a license for a major water power project 
subject to sections 14 and 15 of the Federal Power Act, the licensee 
must file with the Commission a letter that contains an unequivocal 
statement of the licensee's intent to file or not to file an 
application for a subsequent license. 18 CFR 16.6(a)-(c) (2021).
    m. If such a licensee informs the Commission that it does not 
intend to file an application for a new license, nonpower license, or 
exemption for the project, the licensee may not file an application for 
a new license, nonpower license, or exemption for the project, either 
individually or in conjunction with an entity or entities that are not 
currently licensees of the project. 18 CFR 16.24(a).
    n. On April 28, 2021, Seattle City Light, the existing licensee for 
the Newhalem Creek Hydroelectric Project No. 2705, filed notice of its 
intent to not file an application for a new license.\1\ On January 28, 
2022, Seattle City Light filed an application for surrender of license. 
By filing a notice of intent not to file an application for a new 
license and an application to surrender its license, Seattle City Light 
has clearly expressed its intent not to file an application for a new 
license.
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    \1\ Because Seattle City Light filed the notice of intent to not 
file an application for a new license more than five and one-half 
years before the expiration of the license and filed an application 
for surrender of license more than five years but not more than five 
and one-half years before the expiration of the license, we waive 
the applicable requirement in 18 CFR 16.6(c)(1).
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    o. Locations of the Application: This filing may be viewed on the 
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. 
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. A copy is 
also available for inspection and reproduction in the Commission's 
Public Reference Room located at 888 First Street NE, Room 2A, 
Washington, DC 20426, or by calling (202) 502-8371.
    p. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    q. 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, 
.212 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.
    r. 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

[[Page 26750]]

requirements of 18 CFR 4.34(b). All comments, motions to intervene, or 
protests should relate to the surrender application that is the subject 
of this notice. Agencies may obtain copies of the application directly 
from the applicant. 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 29, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-09638 Filed 5-4-22; 8:45 am]
BILLING CODE 6717-01-P