
[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Notices]               
[Page 32459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-87]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 
Notice Announcing Preliminary Permit Drawing

May 28, 2010.
    In the matter of: Three Rivers Park District, Project No. 13457-
000, BOST1 Hydroelectric LLC, Project No. 13458-000.

    On May 1, 2009, at 8:30 a.m., the Commission received two 
preliminary permit applications for proposed projects to be located at 
the existing Coon Rapids Dam on the Mississippi River in Hennepin and 
Anoka Counties, Minnesota.\1\ The applications were filed by Three 
Rivers Park District, for Project No. 13457 and BOST1 Hydroelectric 
LLC, for Project No. 13458.
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    \1\ The Commission is open each day from 8:30 a.m. to 5 p.m., 
except Saturdays, Sundays, and holidays. 18 CFR 375.101(c) (2009). 
The applications were filed between 5 p.m. on Thursday April 30, 
2009, and 8:30 a.m. on Friday May 1, 2009. Under the Commission's 
Rules of Practice and Procedure, any document received after regular 
business hours is considered filed at 8:30 a.m. on the next regular 
business day. 18 CFR 385.2001(a)(2) (2009).
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    Where all permit applicants are municipalities or all permit 
applicants are non-municipalities, and no applicant's plans are better 
adapted than the others' to develop, conserve, and utilize in the 
public interest the water resources of a region, the Commission issues 
a permit to the applicant who filed first in time.\2\ In this case, 
because two applications from entities not claiming municipal 
preference are deemed filed at the same time, the Commission will 
conduct a random tie breaker to determine priority. In the event that 
the Commission concludes that neither applicant's plans are better 
adapted than the other, priority will be determined accordingly.
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    \2\ 18 CFR 4.37 (2009). See, e.g., BPUS Generation Development, 
LLC, 126 FERC ] 61,132 (2009).
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    On June 8, 2010, at 2 p.m. (eastern time), the Secretary of the 
Commission, or her designee, will, by random drawing, determine the 
filing priority for the two applicants identified in this notice. The 
drawing is open to the public and will be held in room 2C, the 
Commission Meeting Room, located at 888 First St., NE., Washington, DC 
20426. The results of the drawing will be recorded by the Secretary or 
her designee. A subsequent notice will be issued by the Secretary 
announcing the results of the drawing.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-13558 Filed 6-7-10; 8:45 am]
BILLING CODE 6717-01-P

