
[Federal Register: June 21, 2010 (Volume 75, Number 118)]
[Notices]               
[Page 35019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn10-76]                         

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2850-014--NY]

 
Hampshire Paper Company; Notice Rejecting Application, Waiving 
Regulations, and Soliciting Applications

June 15, 2010.
    On June 2, 2010, Hampshire Paper Company (Hampshire Paper), 
licensee for the Emeryville Hydroelectric Project No. 2850, filed an 
application for a new license for the project pursuant to Section 
15(b)(1) of the Federal Power Act (Act). The license application was 
untimely filed and is hereby rejected.\1\
---------------------------------------------------------------------------

    \1\ Hampshire Paper was issued a major license for the project 
on June 17, 1982, for a term of 30 years, effective the first day of 
the month in which the order was issued. 19 FERC ] 62,491 (1982). 
The license therefore expired on May 31, 2012, and the statutory 
deadline for filing a new license application was May 31, 2010. See 
Sec.  15(c)(1), 16 U.S.C. 808(c)(1). Since May 31 was a legal 
holiday, the deadline for filing a new license application was the 
first business day following that day, June 1, 2010. See 18 CFR 
385.2007 (2009).
---------------------------------------------------------------------------

    The project is located on the mainstem of the Oswegatchie River at 
approximate river mile 70 in the hamlet of Emeryville, town of Fowler, 
St. Lawrence County New York. The project consists of: (1) A 22-foot-
high concrete gravity dam with a 185-foot- long overflow spillway 
equipped with 2.4-foot-high flashboards and a 4-foot-wide minimum flow 
rectangular weir with a minimum elevation of 584.2 feet mean sea level 
(msl); (2) a 35-acre reservoir with a normal water surface elevation of 
586.6 feet msl; (3) a 37-foot-long by 33-foot-wide reinforced concrete 
intake structure equipped with four headgates connected to; (4) a 123-
foot-long by 21-foot-wide steel reinforced wooden power flume equipped 
with a trashrack with 2-inch clear spacing connected to; (5) a 60-foot-
long by 14-foot-diameter steel penstock leading to; (6) a powerhouse 
containing a single generating unit with a rated capacity of 3,481 
kilowatts for an estimated average annual generation of 18,400 
megawatt-hours; (7) an 80-foot-long, 23-kilovolt transmission line; and 
(8) appurtenant facilities.
    As a result of the rejection of Hampshire Paper's application and 
pursuant to Section 16.25 of the Commission's regulations, the 
Commission is soliciting license applications from potential 
applicants. This is necessary because the deadline for filing an 
application for new license and any competing license applications, 
pursuant to Section 16.9 of the Commission's regulations was June 1, 
2010, and no other applications for license for this project were 
filed. With this notice, we are waiving those parts of Section 16.24(a) 
and 16.25(a) which bar an existing licensee that missed the two-year 
application filing deadline from filing another application. Further, 
since Hampshire Paper completed the consultation requirements pursuant 
to Part 5 of the Integrated Licensing Process, we are waiving the 
consultation requirements in Section 16.8 for the existing licensee. 
Consequently, Hampshire Paper will be allowed to refile a license 
application and compete for the license and the incumbent preference 
established by the FPA Section 15(a)(2) will apply.\2\
---------------------------------------------------------------------------

    \2\ See Pacific Gas and Electric Co., 98 FERC ] 61,032 (2002), 
reh'g denied, 99 FERC ]61,045 (2002), aff'd, City of Fremont v. 
FERC, 336 F.3d 910 (9th Cir. 2003).
---------------------------------------------------------------------------

    The licensee is required to make available certain information 
described in Section 16.7 of the regulations. For more information from 
the licensee, please contact Mr. Michael McDonald, Facility Manager, 
Hampshire Paper Company, Inc., P.O. Box 339, Gouverneur, New York 
13642, (315) 287-1990, or Mr. Dana Dougherty, Stantec Consulting 
Michigan, Inc., 3959 Research Park Drive, Ann Arbor, Michigan 48108, 
(734) 761-1010.
    Pursuant to Section 16.25(b), a potential applicant that files a 
notice of intent within 90 days from the date of this notice: (1) May 
apply for a license under Part I of the Act and Part 4 (except Section 
4.38) of the Commission's Regulations within 18 months of the date on 
which it files its notice; and (2) must comply with Sections 16.8 and 
16.10 of the Commission's Regulations.
    Questions concerning this notice should be directed to John 
Baummer, (202) 502-6837 or john.baummer@ferc.gov.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-14957 Filed 6-18-10; 8:45 am]
BILLING CODE 6717-01-P

