

[Federal Register: August 3, 2006 (Volume 71, Number 149)]
[Notices]               
[Page 44024]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au06-41]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL06-91-000, P-12252-023]

 
Fourth Branch Associates (Mechanicville), Complainant, v Hudson 
River-Black Regulating District, Respondent; Notice of Complaint

July 27, 2006.
    On July 25, 2006, Fourth Branch Associates (Fourth Branch) filed a 
formal complaint against Hudson River-Black River Regulating District 
(District) pursuant to Rule 206 of the Commission's Rules of Practice 
and Procedure, 18 CFR 385.206 (2006), and section 306 of the Federal 
Power Act (FPA), 16 U.S.C. 825(e).
    In 2002, the Commission issued an original license to the District 
for the continued operation of the Great Sacandaga Lake Project No. 
12252.\1\ The project is located on the Sacandaga River, a tributary of 
the Hudson River. Fourth Branch is the licensee for the Mechanicville 
Project No. 6032, located on the Hudson River downstream of the 
Sacandaga River.\2\
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    \1\ Hudson River-Black River Regulating District, 100 FERC ] 
61,319 (2002); order on rehearing, 102 FERC ] 61,133 (2003).
    \2\ There are a number of other licensed projects located 
downstream of the District's project.
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    Fourth Branch alleges that when the District became a licensee in 
2002, its annual assessment of charges against Fourth Branch to cover a 
portion of the District's costs of operating and maintaining Great 
Sacandaga Lake came under the headwater benefits provisions of section 
10(f) of the FPA, 16 U.S.C. 803(f) (2000), and sections 11.10 through 
11.17 of the Commission's regulations, 18 CFR 11.10-11.17 (2006). 
Fourth Branch further alleges that since 2002, the District has 
continued to assess and collect these charges from Fourth Branch 
notwithstanding the absence of an agreement with Fourth Branch for 
those charges or Commission approval of the charges. Moreover, Fourth 
Branch contends, despite Commission orders in 2002 and 2004 requiring 
the District to submit both its headwater benefits charges agreement 
and actual charges to the Commission for approval,\3\ the District has 
failed to do so, and is therefore in violation of the FPA and the 
Commission's regulations.
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    \3\ See 100 FERC ] 61,319 at P 47-49; and 102 FERC ] 61,133 at P 
13-14.
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    Fourth Branch certifies that copies of the complaint were served on 
the District, as well as all Hudson River hydroelectric and municipal 
flood control recipients of annual assessment bills from the District.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. The Respondent's 
answer and all interventions, or protests must be filed on or before 
the comment date. The Respondent's answer, motions to intervene, and 
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an 

original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 

``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
FERCOnlineSupport@ferc.gov, or call (866) 208-3676 (toll free). For 

TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on August 16, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-12507 Filed 8-2-06; 8:45 am]

BILLING CODE 6717-01-P
