

[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Notices]               
[Page 14800-14801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr07-82]                         

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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

March 23, 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.: 9300-017.
    c. Date Initiated: March 21, 2007.
    d. Licensee: The licensee is James Lichoulas Jr.
    e. Name and Location of Project: The constructed 346-kilowatt 
Appleton Trust Project is located on the Hamilton Canal in Middlesex 
County, Massachusetts.
    f. Filed Pursuant to: 18 CFR 6.4.
    g. Licensee Contact Information: Mr. James Lichoulas, Jr., 57 Mill 
Street, Woburn, MA 01801.
    h. FERC Contact: Tom Papsidero, (202) 502-6002.
    i. Deadline for filing comments, protests, and motions to 
intervene: April 23, 2007.
    All documents (original and eight copies) should be filed with 
Philis J. Posey, Acting 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-9300-017) 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 constructed project 
consists of the following existing facilities: (1) An intake off the 
Hamilton Canal; (2) two 11-foot-wide and 160-foot-long open masonry 
flumes; (3) an 11-foot-wide and 20-foot-long steel penstock which 
funnels the water into; (4) an existing turbine chamber which contains 
two turbine-generators with an installed capacity of 346 kW; (5) two 
stone masonry tailraces; (6) 480-volt generator leads; (7) a 0.48/13.8-
kV transformer; (8) a 300-foot-long, 480-volt underground cable; and 
(9) appurtenant facilities.
    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.
    A license for the Appleton Trust Project was issued by Order 
Issuing License (Minor Project) on July 18, 1986 (36 FERC ] 62,047). 
The project has not operated regularly since November 1994 and the 
licensee, James Lichoulas, Jr., has not made necessary repairs to 
resume operations. By letter of March 17, 2003, the Commission's 
Division of

[[Page 14801]]

Dam Safety and Inspections, New York Regional Office directed the 
licensee to resume project operation by May 30, 2003, and to provide a 
status report to that office by June 15, 2003. The licensee did not 
comply. By letter of September 23, 2004, Commission staff informed the 
licensee that the project was considered abandoned and that the 
Commission may terminate the license for the project under an implied 
surrender proceeding. In this letter, the licensee was given the 
opportunity to voluntarily surrender the license.
    On December 6, 2004, the licensee filed a response to Commission 
staff's September 23, 2004 letter, stating that the reason repairs had 
not been done at the project was that the Appleton Mills area had been 
undergoing a major selective demolition of 400,000 of its 600,000 
square feet and that an asbestos removal and clean up process had gone 
on for several years. In the December 6, 2004 filing, the licensee 
stated that necessary planning was underway for the reconstruction of 
the equipment and wheelhouse. The licensee further stated that it was 
his plan to develop a full scope of work by early March 2005 and that 
he would forward an outline of the scope with a full timeline 
projection to the Commission. However, a scope of work was never filed. 
On July 26, 2006, the City of Lowell, Massachusetts (City) filed a 
letter with the Commission stating that the City had acquired the 
parcel of land on which the licensed Appleton Trust Project is located.
    To date, the licensee has not made the necessary repairs to resume 
operations at the project and the project is hereby considered 
abandoned.
    l. Location of the Order: A copy of the 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, 
385.211, 385.214. 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.

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-5771 Filed 3-28-07; 8:45 am]

BILLING CODE 6717-01-P
