
[Federal Register: July 19, 2010 (Volume 75, Number 137)]
[Notices]               
[Page 41858-41859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy10-64]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 
Notice of Termination of License by Implied Surrender and 
Soliciting Comments, Protests, and Motions To Intervene

    July 9, 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.: 3037-014.
    c. Date Initiated: July 01, 2010.
    d. Licensee/owner/former owners: Roosevelt Hydroelectric Company; 
Rhode Island Department of Environmental Management; BTSFEO, LLC 
(BTSFEO); and Tai-O Associates L.P. (Tai-O).
    e. Name and Location of Project: The constructed 700-kilowatt (kW) 
Elizabeth Webbing Mills Project is located on the Blackstone River in 
Providence County, Rhode Island.
    f. Proceeding Initiated Pursuant to: Standard Article 16 of the 
project's license and 18 CFR 6.4 (2010).
    g. FERC Contact: Diane Murray, (202) 502-8838.
    h. Deadline for filing comments, protests, and motions to 
intervene: August 9, 2010.
    Comments, Motions to Intervene, and Protests may be filed 
electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the 
instructions on the Commission's Web site under the ``eFiling'' link. 
Please include the project number (P-3037-014) on any documents or 
motions filed. If unable to be filed electronically, documents may be 
paper-filed. To paper-file, an original

[[Page 41859]]

and eight copies should be mailed to: 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 located at http://www.ferc.gov/filing-
comments.asp.
    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.
    i. Description of Existing Facilities: (1) A granite masonry dam, 
156 feet long and 10 feet high with provisions for installing 12-inch 
flashboards; (2) a reservoir of negligible storage capacity; (3) a 
headrace, 14 to 40 feet wide and 39 feet long; (4) a powerhouse, 40 
feet wide and 39 feet long, containing a turbine with a rated capacity 
of 745 kW, connected to a generator with a rated capacity of 700 kW; 
(5) a 400-foot-long, 5-kV transmission line, a 1,000-kVA transformer, 
and a 70-foot-long, 15-kV transmission line; (6) a tailrace; and (7) 
other appurtenances.
    j. Description of Proceeding:
    18 CFR 6.4 of the Commission's regulations provides, among other 
things, that it is deemed to be intent of a licensee to surrender a 
license, if the licensee abandons a project for a period of three 
years. In addition, standard Article 16 of the license for Project No. 
3037, provides, in pertinent part:

    If the Licensee shall cause or suffer essential project property 
to be removed or destroyed or to become unfit for use, without 
adequate replacement, or shall abandon or discontinue good faith 
operation of the project or refuse or neglect to comply with the 
terms of the license and the lawful orders of the Commission * * *, 
the Commission will deem it to be the intent of the Licensee to 
surrender the license * * *

    A minor license for the project was issued in 1981 to Roosevelt 
Hydro Electric Company (Roosevelt Hydro). 16 FERC ] 62,040 (1981). The 
project has not operated since 2001 when Roosevelt Hydro filed for 
bankruptcy and is currently in disrepair. BTSFEO purchased the project 
in 2004 through the bankruptcy proceeding, and in December 2006 it sold 
the project to Tai-O. In September 2009, Tai-O entered into a contract 
with Rhode Island DEM to sell the project to Rhode Island DEM. The sale 
has been completed.
    By order issued July 09, 2010, the Commission dismissed an 
application for approval to transfer the license to Tai-O (because Tai-
O sold the project and does not intend to act as a licensee) and 
initiated a proceeding to terminate the license for Project No. 3037 by 
implied surrender.
    k. Location of the Order: A copy of the order is available for 
inspection and reproduction at the Commission in the Public Reference 
Room or may be viewed on the Commission's website 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. For assistance, call toll-free 1-866-208-3676 or e-mail 
FERCOnlineSupport@ferc.gov. For TTY, call (202) 502-8659.
    l. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    m. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or 
``MOTION TO INTERVENE'', and ``RECOMMENDATIONS FOR TERMS AND 
CONDITIONS'', as applicable, and the Project Number of the proceeding.
    n. Agency Comments--Federal, states, and local agencies are invited 
to file comments on the described proceeding. If an 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. 2010-17549 Filed 7-16-10; 8:45 am]
BILLING CODE 6717-01-P

