

[Federal Register: January 22, 2007 (Volume 72, Number 13)]
[Notices]               
[Page 2677]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja07-53]                         


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 
Notice of Termination of License by Implied Surrender and 
Soliciting Comments, Protests, and Motions To Intervene

January 16, 2007.

    Take notice that the following hydroelectric proceeding has been 
initiated by the Commission:
    a. Type of Proceeding: Termination of license by implied surrender.
    b. Project No.: 7931-021.
    c. Date Initiated: January 12, 2007.
    d. Licensee/Transferor/Transferee: The license was involved in an 
uncompleted transfer proceeding. The licensee/transferor is Larry 
Hensley and the transferee is Eugene Mark Souza.
    e. Name and Location of Project: The partially constructed 30-
kilowatt 29 Mile Creek Project is located on the South Fork of the 
American River in El Dorado County, California and occupies lands of 
the United States within the El Dorado National Forest.
    f. Filed Pursuant to: 18 CFR 6.4.
    g. Licensee/Transferor/Transferee Contact Information: Larry 
Hensley, 5701 Hollyberry Lane, Placerville, CA 95667 and Eugene Mark 
Souza, 4595 Pacheco Boulevard, Martinez, CA 94553 or 108 Dawn Lane, 
Placerville, CA 95667.
    h. FERC Contact: Tom Papsidero, (202) 502-6002.
    i. Deadline for filing comments, protests, and motions to 
intervene: February 16, 2007.
    All documents (original and eight copies) should be filed with 
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426. 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 the ``e-Filing'' link. The Commission 
strongly encourages electronic filings. Please include the project 
number (P-7931-021) on any documents or motions filed.
    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 in 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.
    j. Description of Existing Facilities: The partially constructed 
project consists of the following existing facilities: (1) A concrete 
diversion dam, 2-foot-high by 15-foot-long, and (2) a 1,800-foot-long, 
6-inch steel pipe.
    k. Description of Proceeding: 18 CFR 6.4 of the Commission's 
regulations provides, among other things, that it is deemed to be the 
intent of a licensee to surrender a license, if the licensee abandons a 
project for a period of three years.
    By order issued August 10, 2000 (92 FERC ] 62,124), the Commission 
approved the transfer of the minor license, issued in 1986 (36 FERC ] 
62,235), for the 29 Mile Creek Project No. 7931 from Mr. Larry Hensley 
to Mr. Eugene Mark Souza, and granted an extension of the previously-
extended deadline in Article 301 of the license for completing 
construction of the project. Ordering paragraph (F) of the Order 
Approving Transfer of License and Granting Extension of Time issued 
August 10, 2000, stated that: ``Approval of the transfer is contingent 
upon: (1) Transfer of title of the properties under license and 
delivery of all license instruments to Eugene Mark Souza, who shall be 
subject to the terms and conditions of the license as though he were 
the original licensee; and (2) Eugene Mark Souza acknowledging 
acceptance of this order and its terms and conditions by signing and 
returning the attached acceptance sheet. Within 60 days from the date 
of this order, Eugene Mark Souza shall submit certified copies of all 
instruments of conveyance and the signed acceptance sheet.''
    To date the transferee has not filed the conveyance documents and 
acceptance sheets showing that the transfer has been completed, and 
neither the transferor/transferee has filed the required quarterly 
progress reports showing work done to complete construction of the 
project, nor any requests to extend the deadlines for filing the 
documents and reports.
    l. Location of the Orders: A copy of each order is available for 
inspection and reproduction at the Commission in the Public Reference 
Room or may 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.

    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. 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. 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 proceeding.
    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.
    o. Filing and Service of Responsive Documents: Any filings must 
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or 
``MOTION TO INTERVENE'', and ``RECOMMENDATIONS FOR TERMS AND 
CONDITIONS'', as applicable, and the Project Number of the proceeding. 
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. An additional copy must be 
sent to Director, Division of Hydropower Administration and Compliance, 
Federal Energy Regulatory Commission, at the above-mentioned address.
    p. Agency Comments: Federal, State, and local 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.

Magalie R. Salas,
Secretary.
[FR Doc. E7-783 Filed 1-19-07; 8:45 am]

BILLING CODE 6717-01-P
