
[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Notices]               
[Page 16453-16454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap10-58]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Docket No. DI10-9-000

 
Domtar Maine LLC; Notice of Petition for Declaratory Order and 
Soliciting Comments, Protests, and/or Motions To Intervene

March 25, 2010.
    Take notice that the following application has been filed with the 
Commission and is available for public inspection:
    a. Application Type: Petition for Declaratory Order.
    b. Docket No.: DI10-9-000.
    c. Date Filed: March 5, 2010.
    d. Applicant: Domtar Maine LLC.
    e. Name of Project: Forest City (FERC No. 2660), Vanceboro (FERC 
No. 2492), and West Branch (FERC No. 2618).
    f. Location: East Branch of the St. Croix River, in Washington and 
Aroostook Counties, Maine; at the outlet of Spednick Lake near 
Vanceboro, Maine; and West Branch of St. Croix River in Washington, 
Hancock, and Penobscot Counties, Maine, respectively.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 
U.S.C. 817(b).
    h. Applicant Contact: Matthew D. Manahan, One Monument Square, 
Portland, ME 04101; e-mail: mmanahan@pierceatwood.com; telephone: (207) 
791-1189; Fax: (207) 791-1350.
    i. FERC Contact: Any questions on this notice should be addressed 
to Henry Ecton, (202) 502-8768, or e-mail address: 
henry.ecton@ferc.gov.
    j. Deadline for filing comments, protests, and/or motions: April 
26, 2010.
    All documents may be filed electronically via the Internet. 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. If unable to 
be filed electronically, documents may be paper-filed. To paper-file, 
an original and eight copies should be filed with: Secretary, Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426. For more information on how to submit these types of filings, 
please go to the Commission's Web site at http://www.ferc.gov/filing-
comments.asp.
    Please include the docket number (DI10-9-000) on any comments, 
protests, and/or motions filed.
    k. Description of Project: The existing Forest City Project (P-
2660) consists of all United States portions of the following project 
works: (1) Forest City Dam, a 16-foot-high, 500-foot-long earth 
embankment dam, containing a gated timber spillway structure 65 feet 
wide, with 3 gates and a fish passage facility; (2) a reservoir (East 
Grand Lake) with a surface area of 16,070 acres at elevation 434.94 
feet m.s.l., and storage capacity of 205,300 acre-feet; and (3) other 
appurtenances.
    The existing Vanceboro Project (P-2492) consists of: (1) A concrete 
section approximately 69 feet long, including a spillway section with 
two tainter gates (each about 22.5 feet long), and a

[[Page 16454]]

fishway about 8 feet wide; (2) earth embankment at each end (total 
length approximately 400 feet); (3) a reservoir (the portion of 
Spednick Lake within the United States); and (4) appurtenant 
facilities.
    The existing West Branch Project (P-2618) consists of:
    (A) West Grand Lake development: (1) West Grand Lake Dam, earth 
embankment and gravel-filled timber crib structure, 485 feet long and 
13 feet high, containing a gated spillway structure, 77 feet wide with 
5 gates and a fish passage facility 24 feet wide; (2) a reservoir with 
surface area of 23.825 acres at elevation 301.43 feet m.s.l. and 
storage capacity of 160,000 acre-feet; and (3) other appurtenances; and
    (B) Sysladobsis Lake development: (1) Sysladobsis Lake Dam, an 
earth embankment structure, 250 feet long and 5.5 feet high, with a 
concrete cut-off wall and rock masonry downstream face, containing a 
gated spillway structure 23 feet wide with 2 gates, and a fish passage 
facility 7 feet wide; (2) a reservoir with surface area of 5,400 acres 
at elevation 305.62 feet m.s.l., and storage capacity of 25,000 acre-
feet; and (3) other appurtenances.
    The above-referenced reservoirs supply water to three downstream 
generating facilities: Grand Falls, Woodland, and Milltown. These three 
generating facilities do not require licensing by the Commission 
because they were authorized by a 1916 Act of Congress that predated 
the 1920 enactment of what is now part I of the Federal Power Act. The 
issue raised by Domtar Maine LLC's petition is whether the above-
referenced storage reservoirs are required to be licensed under section 
23(b)(1) of the Federal Power Act. Domtar Maine LLC states that the 
projects are not required to be licensed because they contribute only a 
de minimis amount to power generated at the downstream generating 
projects, and they are not connected to a FERC-licensed project.
    When a Petition for Declaratory Order is filed with the Commission, 
requesting a jurisdictional determination for an existing project, a 
review is begun to determine if the interests of interstate or foreign 
commerce are affected by the project. The Commission also determines 
whether or not the project: (1) Is located on a navigable waterway; (2) 
is occupying or affecting public lands or reservations of the United 
States; (3) is utilizing surplus water or water power from a government 
dam; or (4) if applicable, has undertaken any construction subsequent 
to 1935 that may have increased the project's head or generating 
capacity, or has otherwise significantly modified the project's pre-
1935 design or operation.
    l. Locations of the Application: Copies of this filing are on file 
with the Commission and are available for public inspection. This 
filing may be viewed on the Web 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, please contact FERC Online 
Support at FERCOnlineSupport@ferc.gov or toll-free at (866) 208-3676, 
or TTY, contact (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.
    o. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of 
the particular application to which the filing refers. A copy of any 
motion to intervene must also be served upon each representative of the 
Applicant specified in the particular application.
    p. Agency Comments--Federal, state, and local agencies are invited 
to file 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. 2010-7293 Filed 3-31-10; 8:45 am]
BILLING CODE 6717-01-P

