

[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Notices]               
[Page 72823-72824]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de05-72]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 
Notice of Applications Accepted for Filing and Soliciting 
Comments, Motions To Intervene, and Protests

November 29, 2005.
    Take notice that the following hydroelectric applications have been 
filed with the Commission and are available for public inspection:
    a. Type of Applications: Preliminary Permit.
    b. Applicant, Project Numbers, and Dates Filed: Black River Felts 
Mills, LLC filed the applications for Project No. 12622-000 and Project 
No. 12623-000 on October 26, 2005.
    c. Name of the projects: Lower Dam Project (P-12622); Upper Dam 
Project (P-12623). The projects would be located on the Black River in 
Jefferson County, New York. The proposed dams are to be located at the 
site of an existing breached dam currently owned by Eric Boulevard 
HydroPower, L.P.
    d. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    e. Applicant Contacts: Black River Felts Mills, LLC: Mr. William A. 
Garnett, Member Manager; Steven Courtney, Member Manager; Terence 
Darby, Member Manager; Black River Energy, LLC; 6000 Fairview Road, 
Suite 600; Charlotte, North Carolina 28270, (704) 553-3036; James C. 
Liles, Regulatory Advisor, Milbank, Tweed, Hadley & McCloy, LLC; 1850 K 
Street, NW., 11th Floor, Washington, DC 20006, (202) 835-7545.
    f. FERC Contact: Etta Foster, (202) 502-8769.
    g. Deadline for filing comments, protests, and motions to 
intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all 
interveners filing documents with the Commission to serve a copy of 
that document on each person in the official service list for the 
project. Further, 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.
    h. Description of Projects: The proposed Lower Dam would consist 
of: (1) A proposed earth dike approximately 590 feet long; (2) a 
proposed intake structure constructed on the left side of the south 
channel spillway; (3) a reservoir with a normal pool elevation of 589 
feet, a gross storage capacity of approximately 850 acre-feet and a 
surface area of approximately 140 acres; (4) a proposed powerhouse 
containing two or more generating units with an installed capacity of 8 
megawatts (MW); (5) a tailrace channel downstream of the powerhouse; 
(6) a new 115-kV overhead transmission line; and (7) appurtenant 
facilities. The Black River Felts Mills, LLC's Lower Dam Project, would 
have an estimated average annual generation of 40,000 MWh (megawatt-
hours) and would be sold to a local utility.
    The proposed Upper Dam would consist of: (1) A proposed concrete 
gravity dam approximately 320 feet long with gated control facilities; 
(2) a proposed intake structure; (3) a reservoir with a normal maximum 
pool elevation of approximately 609 feet, a gross storage capacity of 
1,100 acre-feet, and a surface area of 220 acres; (4) a proposed 
powerhouse containing two or more generating units with a total 
installed capacity of 5 MW; (5) a proposed tailrace channel; (6) a new 
overhead 115-kV transmission line; and (7) appurtenant facilities. The 
Upper Dam Project would have an estimated average annual generation of 
24,500 MWh and would be sold to a local utility.
    i. Locations of Applications: A copy of the application is 
available for inspection and reproduction at the Commission in the 
Public Reference Room, located at 888 First Street NE., Room 2A, 
Washington DC 20426, or by calling (202) 502-8371. This filing may also 
be viewed on the Commission's Web site 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. For 
assistance, call toll-free 1-866-208-3676 or e-mail 
FERCOnlineSupport@ferc.gov. For TTY, call (202) 502-8659. A copy is 

also available for inspection and reproduction at the address in item e 
above.
    j. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    k. Competing Preliminary Permit--Anyone desiring to file a 
competing application for preliminary permit for a proposed project 
must submit the competing application itself, or a notice of intent to 
file such an application, to the Commission on or before the specified 
comment date for the particular application (see 18 CFR 4.36). 
Submission of a timely notice of intent allows an interested person to 
file the competing preliminary permit application no later than 30 days 
after the specified comment date for the particular application. A 
competing preliminary permit application must conform with 18 CFR 
4.30(b) and 4.36.
    l. Competing Development Application--Any qualified development 
applicant desiring to file a competing development application must 
submit to the Commission, on or before a specified comment date for the 
particular application, either a competing development application or a 
notice of intent to file such an application. Submission of a timely 
notice of intent to file a development application allows an interested 
person to file the competing application no later than 120 days after 
the specified comment date for the particular application. A competing 
license application must conform with 18 CFR 4.30(b) and 4.36.
    m. Notice of Intent--A notice of intent must specify the exact 
name, business address, and telephone number of the prospective 
applicant, and must include an unequivocal statement of intent to 
submit, if such an application may be filed, either a preliminary 
permit application or a development application (specify which type of 
application). A notice of intent must be served on the applicant(s) 
named in this public notice.
    n. Proposed Scope of Studies under Permit--A preliminary permit, if 
issued, does not authorize construction. The term of the proposed 
preliminary permit would be 36 months. The work proposed under the 
preliminary permit would include economic analysis, preparation of 
preliminary engineering plans, and a study of environmental impacts. 
Based on the results of these studies, the Applicant would decide 
whether to proceed with the preparation of a development application to 
construct and operate the project.
    o. Comments, Protests, or Motions To Intervene--Anyone may submit 
comments, a protest, or a motion to intervene in accordance with the

[[Page 72824]]

requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, 
.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.
    Comments, protests and interventions may be filed electronically 
via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and 
the instructions on the Commission's web site under ``e-filing'' link. 
The Commission strongly encourages electronic filing.
    p. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS 
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as 
applicable, and the Project Number of the particular application to 
which the filing refers. Any of the above-named documents must be filed 
by providing the original and the number of copies provided by the 
Commission's regulations to: The Secretary, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426. A copy of any 
motion to intervene must also be served upon each representative of the 
Applicant specified in the particular application.
    q. Agency Comments--Federal, state, and local agencies are invited 
to file comments on the described application. A copy of the 
application may be obtained by agencies directly from the Applicant. If 
an agency does not file comments within the time specified for filing 
comments, it will be presumed to have no comments. One copy of an 
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6938 Filed 12-6-05; 8:45 am]

BILLING CODE 6717-01-P
