
[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Notices]               
[Page 16099-16100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr10-64]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9907-018]

 
Mr. Jerry McMillan and Ms. Christine Smith; Notice of Termination 
of License by Implied Surrender and Soliciting Comments, Protests, and 
Motions To Intervene

March 24, 2010.
    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.: P-9907-018
    c. Licensees: Mr. Jerry McMillan and Ms. Christine Smith
    d. Name of Project: Sunshine Power Project
    e. Location: The Sunshine Power Project is located on Lake Creek in 
Lemhi County, Idaho.
    f. Issued Pursuant to: 18 CFR 6.4.
    g. Licensee Contact: Mr. Jerry McMillan, 1157 North Hughes Street, 
Centerville, UT 84014, (801) 808-6997.
    h. FERC Contact: Kelly Houff, (202) 502-6393, Kelly.Houff@ferc.gov.
    i. Deadline for filing responsive documents: April 26, 2010.
    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-9907-018) 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 project consists of the 
following facilities: (1) An existing earthfill 10-foot-high Lake Creek 
diversion dam; (2) an existing 15-inch-diameter, 2,300-foot-long buried 
PVC penstock; (3) a powerhouse containing one generating unit with a 
rated capacity of 110 kilowatts; (4) a 200-foot-long, 34.5-kV 
transmission line connected to Idaho Power Company lines; (5) a wooden 
fish ladder in a riprap-lined spillway; and (6) appurtenant facilities.
    k. Description of Proceeding: Section 6.4 of the Commission's 
regulations (18 CFR 6.4) 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.
    The Director of Hydropower Licensing issued a 50-year license to A. 
W. Brown, Co. for the Sunshine Power Project on March 20, 1987 (38 FERC 
] 62,282). The project was transferred to Mr. Jerry McMillan and Ms. 
Christine Smith by order on February 23, 1996 (74 FERC ] 62,092). On 
January 26, 2006, Ms. Smith informed the Commission that in August of 
2005, Mr. McMillan deeded Ms. Smith his interest in the Sunshine 
Project. In response, on April 6, 2006, Commission staff requested Ms. 
Smith file an application for transfer of license with the Secretary of 
the Commission. Ms. Smith failed to file a transfer application.
    On August 13, 2007, Commission staff received a letter from Ms. 
Smith stating that she had sold the project to Ms. Claudia Burkhart. 
Commission staff wrote to Ms. Burkhart on August 21, 2008, stating that 
she needed to file a transfer of license application with the 
Commission's Secretary. Once again, no transfer application was filed. 
According to Commission records, the project has not operated since 
October 1, 2008, and the owner does not intend to bring the project 
back into operation. On October 19, 2009, Commission staff wrote Ms. 
Burkhart requesting she file either a detailed plan and schedule to 
resume generation at the project along with a transfer of license 
application, or a request to voluntarily surrender the license. No 
response was filed. On January 13, 2010, Commission staff sent a letter 
to Mr. McMillan and Ms. Smith, with a copy to Ms. Burkhart, requesting 
them to show cause why the Commission should not initiate a proceeding 
for terminating the license based upon implied surrender. No response 
was filed to the show cause letter.
    l. This notice is available for review and reproduction at the 
Commission in the Public Reference Room, Room 2A, 888 First Street, 
NE., Washington, DC 20426. The filing may also be viewed on the Web at 
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket 
number, here P-9907-018, 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. A copy is 
also available for review and reproduction at the address in item g 
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 a 
protest or a motion to intervene in accordance with the requirements of 
Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. 
In determining the appropriate action to take, the Commission will 
consider all protests 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 protests or motions to intervene must be 
received on or before the specified deadline date for the particular 
application.
    o. Filing and Service of Responsive Documents--All filings must (1) 
bear in all capital letters the title ``PROTEST'', ``MOTION TO 
INTERVENE,'' ``COMMENTS'', ``RECOMMENDATIONS FOR TERMS AND CONDITIONS: 
(2) set forth in the heading the project number of the proceeding to 
which the filing responds; (3) furnish the name, address, and telephone 
number of the person protesting or intervening; and (4) otherwise 
comply with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, recommendations, or terms and conditions must set forth their 
evidentiary basis and otherwise

[[Page 16100]]

comply with the requirements of 18 CFR 4.34(b). Any of the above 
mentioned documents must be filed by providing the original and eight 
copies 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, 
Office of Energy Projects, Federal Energy Regulatory Commission, at the 
above address.
    p. Agency Comments--Federal, State, and local agencies are invited 
to file comments on the described proceeding. If any agency does not 
file comments within the time specified for filing comments, it will be 
presumed to have no comments.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-7149 Filed 3-30-10; 8:45 am]
BILLING CODE 6717-01-P

