
[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Pages 4892-4893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1720]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 13740-000, 13749-000, 13775-000, 13781-000]


Lock+ Hydro Friends Fund XXXIX, FFP Missouri 3, LLC, Allegheny 3 
Hydro, LLC, Three Rivers Hydro, LLC; Notice Announcing Preliminary 
Permit Drawing

January 20, 2011.
    On May 18, 2010, at 8:30 a.m., the Commission received four 
preliminary permit applications for proposed projects to be located at 
the C. W. Bill Young Lock and Dam located on the Allegheny River in 
Allegheny County, Pennsylvania.\1\ The applications were filed by Lock+ 
Hydro Friends Fund XXXIX, for Project No. 13740-000, FFP Missouri 3, 
LLC, for Project No. 13749-000, Allegheny 3 Hydro, LLC, for Project No. 
13775-000, and Three Rivers Hydro, LLC, for Project No. 13781-000.
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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) (2010). 
The applications were filed between 5 p.m. on Monday May 17, 2010, 
and 8:30 a.m. on Tuesday May 18, 2010. 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) (2010).
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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 four 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

[[Page 4893]]

that no applicant's plans are better adapted than the others, priority 
will be determined accordingly.
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    \2\ 18 CFR 4.37 (2010). See, e.g., BPUS Generation Development, 
LLC, 126 FERC ] 61,132 (2009).
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    On January 27, 2011, at 10 a.m. (eastern time), the Secretary of 
the Commission, or her designee, will, by random drawing, determine the 
filing priority for the four 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. 2011-1720 Filed 1-26-11; 8:45 am]
BILLING CODE 6717-01-P


