[Federal Register Volume 89, Number 134 (Friday, July 12, 2024)]
[Notices]
[Pages 57140-57141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15300]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7473-013]


John M. Bertl; Notice of Proposed Termination of Exemption by 
Implied Surrender and Soliciting Comments, Motions To Intervene, and 
Protests

    Take notice that the following hydroelectric proceeding has been 
initiated by the Commission:
    a. Type of Proceeding: Proposed termination of exemption by implied 
surrender.
    b. Project No: 7473-013.
    c. Date Initiated: July 5, 2024.
    d. Exemptee: John M. Bertl.
    e. Name of Project: Gilman Stream Hydroelectric Project.
    f. Location: The Gilman Stream Project is located on Gilman Stream 
in Somerset County, Maine. The project does not occupy Federal lands.
    g. Pursuant to: 18 CFR 4.106.
    h. Exemptee Contact: Mr. John Bertl, 32 Bog Road, North New 
Portland, Maine 04961.
    i. FERC Contact: Mr. Steven Sachs, (202) 502-8666, 
[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: September 3, 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

[[Page 57141]]

(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-7473-013. Comments emailed to 
Commission staff are not 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 Authorized Project Facilities: The project works 
include: (1) a 228-foot-long, 17-foot-high concrete dam; (2) a 790-acre 
reservoir; (3) a 220-foot-long power canal; (4) a 4-foot-diameter, 140-
foot-long steel penstock; (5) a powerhouse with a capacity of 120 
kilowatts; (6) a transmission line; and (7) appurtenant facilities. 
Except for operating emergencies beyond the exemptee's control and for 
short periods upon mutual agreement with the Maine Department of 
Environmental Protection and the Gilman Pond Lake Association (Lake 
Association), the exemptee is required to maintain water levels in 
accordance with the May 29, 1987 agreement with the Lake Association.
    m. Description of Proceeding: The exemptee is in violation of 
Standard Article 1 of the exemption, issued on June 17, 1987 (North New 
Portland Energy Corporation, 39 FERC ] 62,365), codified in the 
Commission's regulations at 18 CFR 4.106. Article 1 provides, among 
other things, that the Commission reserves the right to revoke an 
exemption if any term or condition of the exemption is violated. The 
project has not operated since 2008 despite Commission staff's attempts 
to work with the exemptee to restore project operation.
    The exemptee's failure to operate and maintain the project as 
authorized by its exemption is a violation of Standard Article 1. 
Following communications beginning in May 2020 between Commission staff 
and the exemptee regarding restoration of project operation, the 
exemptee filed a letter on July 25, 2022 stating it planned to 
surrender the exemption and would not be making substantial repairs or 
restoring generation. On November 4, 2022, based on the exemptee's 
intent to surrender the project, Commission staff issued a letter 
indicating the exemptee should file a surrender application and 
requested a schedule for the application and documentation providing 
evidence of any progress towards developing the application. On 
November 3, 2023, Commission staff issued a letter requesting the 
exemptee file a surrender application. Sufficient time has passed and 
the exemptee has failed to file a surrender application or evidence of 
progress in developing one.
    n. Locations of the Project Record: The public record for this 
project 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 documents. 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 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: July 5, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-15300 Filed 7-11-24; 8:45 am]
BILLING CODE 6717-01-P