

[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]               
[Page 27487]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my06-63]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12053-002]

 
Nicholas Josten; Notice Dismissing Complaint

May 3, 2006.
    On April 10, 2006, Stephen J. Bruzzone and Linda L. Bruzzone filed 
a complaint against Nicholas Josten, applicant for an exemption for the 
West Valley A&B Hydroelectric Project No. 12053.\1\ The project is 
proposed to be located on the South Fork of the Pit River in Modoc 
County, California. The project would be located on approximately 31 
acres of federal lands, managed by Forest Service and Bureau of Land 
Management. The pleading generally alleges that Nicholas Josten has 
made misrepresentations in information he filed in support of his 
application for exemption.\2\
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    \1\ The proposed project would consist of two developments, West 
Valley A and West Valley Alternative B-1. West Valley A would be a 
run-of-river development with a capacity of 1.0 MW and would consist 
of: An existing concrete diversion structure; an existing intake 
structure; 11,600 feet of an existing open canal; a proposed 
concrete overflow structure; proposed 2,800 feet of new canal; a 
proposed 400-foot-long penstock; a proposed powerhouse; a proposed 
tailrace pipe; a proposed 3,000-foot-long, 12.3-kilovolt (kV) 
transmission line; and appurtenant facilities.
    West Valley Alternative B-1 would be a run-of-river development 
with a capacity of 1.36 MW and would consist of: The existing West 
Valley Dam and outlet works; a new bypass valve attached to the 
existing dam outlet pipe; a proposed 2,850-foot-long penstock; a 
proposed powerhouse; a proposed tailrace canal; a proposed 4.5-mile-
long, 12.3-kV transmission line; and appurtenant facilities.
    \2\ In particular, they assert that Mr. Josten provided the 
Commission with misleading information regarding water flow tables 
submitted on March 23, 2006.
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    The issues raised in the pleading relate to consideration of the 
application for exemption. As such, they are not properly the subject 
of a formal complaint. Accordingly, the complaint is dismissed and the 
comments raised in the pleading will be considered in the exemption 
proceeding.\3\
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    \3\ On April 20, 2006, Commission staff issued a notice that the 
application was ready for environmental analysis and soliciting 
comments, terms and conditions and recommendations. Comments are due 
by June 19, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-7186 Filed 5-10-06; 8:45 am]

BILLING CODE 6717-01-P
