[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Notices]
[Pages 55236-55238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14586]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10522-024]


Malones Next Gen, LLC; Notice of Proposed Termination of License 
by Implied Surrender and Soliciting Comments, Motions To Intervene, and 
Protests

    Take notice that the following hydroelectric proceeding has been 
initiated by the Commission and is available for public inspection:

[[Page 55237]]

    a. Type of Proceeding: Proposed Termination of License by Implied 
Surrender.
    b. Project No: 10522-024.
    c. Date Initiated: April 11, 2024.
    d. Applicant: Malones Next Gen, LLC.
    e. Name of Projects: Whittelsey Dam.
    f. Location: The project is located on the Salmon River, Franklin 
County, New York. The project does not occupy federal lands.
    g. Filed Pursuant to: 18 CFR 6.4.
    h. Applicant Contact: Tim Carter, 52 Factory Street, PO Box 466, 
Malone, NY, 12953, (518) 483-2220.
    i. FERC Contact: Rebecca Martin, (202) 502-6012, 
[email protected].
    j. Resource Agency Comments: Federal, state, local and Tribal 
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.
    k. Deadline for filing comments, motions to intervene, and 
protests: August 12, 2024.
    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. 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: Debbie-Anne A. Reese, Acting Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 
20426. Submissions sent via any other carrier must be addressed to: 
Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory 
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first 
page of any filing should include the docket number P-10522-024. 
Comments emailed to Commission staff are not considered part of the 
Commission record.
    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.
    l. Description of Project Facilities: (1) a 19-foot-high, 12-foot-
wide concrete gravity dam owned by the Village of Malone; (2) an 
impoundment with a surface area of 1.9 acres at elevation 668.4 mean 
sea level and a storage capacity of 25 acre-feet; (3) a 645-foot-long, 
7-foot-diameter penstock; (4) a powerhouse containing a generating unit 
with a rated capacity of 420 kW; (5) a concrete tailrace; (6) a 60-
foot-long transmission line; and (7) appurtenant facilities. The 
project has not operated since 2008.
    m. Description of Proceeding: The licensee has not complied with 
Standard Article 16 of the license which was issued on December 24, 
1991 (57 FERC 62,236). Article 16 states that if the licensee abandons 
or discontinues good faith operation of the project or refuses or 
neglects to comply with the terms of the license and the lawful orders 
of the Commission, the Commission will deem it to be the intent of the 
licensee to surrender the license.
    In addition, Article 5 of the project license requires the licensee 
to acquire title in fee or the right to use in perpetuity all lands, 
other than lands of the United States, necessary or appropriate for the 
construction, maintenance, and operation of the project. During the 
license period, the licensee must retain the possession of all project 
property covered by the license, including the project area, the 
project works, and all franchises, easements, water rights, and rights 
or occupancy and use. On November 21, 2017, the licensee forfeited the 
rights to the powerhouse and all of the property associated with the 
Whittelsey Dam Project in a tax sale.
    Commission staff issued a letter, on February 12, 2021, requesting 
a plan and schedule to resume project operation or surrender of the 
license. On May 3, 2021, the licensee stated the project would return 
to operation by September 1, 2021. On May 11, 2022, staff issued a 
second request for documentation that the project had returned to 
operation. On June 1, 2022, staff issued a third letter requesting 
documentation of compliance with Article 5. Another letter was sent on 
July 19, 2022. On August 29, 2022, the licensee stated the project was 
in the process of being sold. On June 29, 2023, a final letter was sent 
requesting a transfer application or that the Commission would 
terminate the license through implied surrender. On April 23, 2024, the 
licensee agreed to implied surrender of the license.
    n. Location of the license for the project may be viewed on the 
Commission's website at http://www.ferc.gov using the ``eLibrary'' 
link. Enter the docket number (P-10522) 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.
    o. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    p. 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.
    q. Filing and Service of 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.
    r. The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission

[[Page 55238]]

processes. For public inquiries and assistance with making filings such 
as interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202)502-6595 or [email protected].

    Dated: June 26, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-14586 Filed 7-2-24; 8:45 am]
BILLING CODE 6717-01-P