
[Federal Register: February 26, 2008 (Volume 73, Number 38)]
[Notices]               
[Page 10237-10238]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe08-41]                         

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1490-046]

 
Brazos River Authority; Notice of Amendment of License and 
Soliciting Comments, Motions To Intervene, and Protests

February 5, 2008.
    Take notice that the following application has been filed with the 
Commission and is available for public inspection:
    a. Application Type: Approval of Contract for Use of Project 
Facilities and for the Sale of Project Power for a Period Extending 
Beyond the Term of License.
    b. Project No: 1490-046.
    c. Date Filed: December 6, 2007, supplemented January 22, 2008.
    d. Applicant: Brazos River Authority (the Authority).
    e. Name of Project: Morris Sheppard Dam Project.
    f. Location: The project is located on the Brazos River, in Palo, 
Pinto, Young, and Stephans Counties, Texas.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 815 (2000).
    h. Applicant Contact: John A. Whittaker, IV, Winston & Strawn, LLP, 
1700 K Street, NW., Washington, DC 20006-3817, (202) 282-5766.
    i. FERC Contact: Hillary Berlin at (202) 502-8915, or e-mail 
Hillary.Berlin@FERC.gov.
    j. Deadline for filing comments and or motions: February 26, 2008.
    All documents (original and eight copies) should be filed with: 
Office of the 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 at http://www.ferc.gov under the ``e-Filing'' 
link. Please include the project number (P-1490-046) on any comments or 
motions filed.
    k. Description of Application: The Authority filed a request for 
approval of a Facility Use Agreement (the Agreement) between the 
Authority and the Brazos Electric Power Cooperative, Inc. (the 
Cooperative). The Authority seeks approval of the Agreement under the 
requirements of standard Article 5 of the Authority's license issued 
September 14, 1989 (48 FERC ] 62,190) and section 22 of the Federal 
Power Act (FPA), 16 U.S.C. 815 (2000), as a contract for the sale of 
project power extending beyond the term of the project license. The 
license expires on August 31, 2019.
    Under license Article 5, the Authority is required to obtain and 
retain title in fee in, or the right to use in perpetuity, project 
property necessary to fulfill project purposes, and the disposal of 
project property rights once acquired is subject to Commission 
approval. Section 22 of the FPA provides that contracts for the sale 
and delivery of power for periods extending beyond the termination date 
of a license may be entered into upon the joint approval of the 
Commission and the appropriate state public service Commission or other 
similar authority in the state in which the sale or delivery of power 
is made.
    Under the Agreement, the Cooperative would be given the right and 
the responsibility, at its own cost, to operate, maintain, and repair 
the project's hydroelectric generating facilities and to use the 
project's power, subject to certain restrictions and rights reserved to 
the Authority. In exchange, the Cooperative would make annual payments 
to the Authority and would reimburse the Authority for costs incurred 
by the Authority: (1) Related to compliance and administration of the 
project's license and compliance with other regulatory requirements 
with respect to the project's generating facilities; and (2) associated 
with the Authority obtaining a new license for the project, to the 
extent related to the project's generating facilities. The Authority 
would retain ownership of all project facilities throughout the 30-year 
term of the Agreement, which is subject to a 10-year extension at the 
option of the Cooperative. The Agreement would supersede and replace 
the current contractual arrangements between the Authority and the 
Cooperative, which pertain to project operation and maintenance and the 
sale of project power.
    l. Location of Application: A copy of the application is available 
for inspection and reproduction at the Commission's 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. You may also register 
online at http://www.ferc.gov/docs-filing/esubscription.asp to be 
notified via e-mail of new filings and issuances related to this or 
other pending projects. For assistance, call 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 
(h) above.
    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 particular application.
    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 whose name appears on 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. A copy 
of any motion to intervene must also be served upon each representative 
of the Applicant specified in the particular application.
    o. Any filings must bear in all capital letters the title 
``COMMENTS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as applicable, 
and the Project Number of the particular application to which the 
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited 
to file

[[Page 10238]]

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.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-3549 Filed 2-25-08; 8:45 am]

BILLING CODE 6717-01-P
