
[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Notices]
[Pages 63294-63295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26232]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5730-018]


River Bounty, Inc.; Notice of Termination of Exemption By Implied 
Surrender and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Application Type: Termination of exemption by implied surrender.
    b. Project No: 5730-018.
    c. Date Initiated: October 3, 2011.
    d. Exemptee: River Bounty, Inc.
    e. Name of Project: Oakland Hydroelectric Project.

[[Page 63295]]

    f. Location: Susquehanna River in Susquehanna County, Pennsylvania.
    g. Filed Pursuant to: 18 CFR 4.106.
    h. Applicant Contact: Myron B. DeWitt, DeWitt & Cordner, P.O. Box 
244, Susquehanna, PA 18847.
    i. FERC Contact: Rebecca Martin, (202) 502-6012, 
Rebecca.martin@ferc.gov.
    j. Deadline for filing comments, motions to intervene, and 
protests: November 4, 2011.
    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/docs-filing/efiling.asp. If unable to be 
filed electronically, documents may be paper-filed. To paper-file, an 
original and seven copies should be mailed to: Secretary, Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426. Commenters can submit brief comments up to 6,000 characters, 
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and 
contact information at the end of your comments. Please include the 
project number (P-5730-018) on any comments or motions filed.
    k. Description of Existing Facilities: The Oakland project consists 
of an 18-foot high by 655-foot long rock-filled timber crib structure 
with a concrete cap and a powerhouse containing three units. Currently, 
there is a 50- to 60-foot-wide breach in the dam. The project has not 
operated since 2000.
    l. Description of Proceeding: Since 2000, the exemptee has not 
operated the Oakland Project because it lost its power sales contract. 
Since that time, the powerhouse, abutment wall, tailrace wall, and dam 
have fallen into disrepair, and no progress has been made to return the 
project to operational condition. Over the past 11 years, the 
Commission has directed the exemptee to either make repairs to the 
project to make it operational, or to file an application to surrender 
the project. Although the exemptee has responded to Commission requests 
by repeatedly providing plans and schedules to repair the project, no 
actual physical work has been done. During the summer of 2007, the dam 
developed a large hole, allowing most of the water to flow through this 
section. In April 2008, the breach expanded leaving a 50- to 60-foot-
wide opening in the dam.
    In April 2011, the Commission again requested a detailed plan and 
schedule to repair or surrender the project. On April 20, 2011, River 
Bounty filed a lease agreement transferring the exemption to Renew 
Hydro, LLC that was conditional on the project becoming operational. On 
August 18, 2011, the Commission notified the exemptee that it could not 
approve a conditional lease. Therefore on September 19, 2011, the 
Commission notified the exemptee that because it appears the exemptee 
is unable or unwilling to restore the project to operation, the 
Commission would begin implied surrender proceedings.
    m. Locations of the Documents: Documents relating to this notice 
are available for inspection and reproduction at the Commission's 
Public Reference Room, located at 888 First Street, NE., Room 2A, 
Washington, DC 20426, or by calling (202) 502-8371. These filings may 
also be viewed on the Commission's Web site at http://www.ferc.gov 
using the ``eLibrary'' link. Enter the docket number excluding the last 
three digits in the docket number field (P-5730) 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, 
call 1-866-208-3676 or e-mail FERCOnlineSupport@ferc.gov, for TTY, call 
(202) 502-8659.
    n. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    o. 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.
    p. Filing and Service of Responsive Documents: Any filing must (1) 
Bear in all capital letters the title ``Comments'', ``Protest'', or 
``Motion to Intervene'' as applicable; (2) set forth in the heading the 
name of the applicant and the project number of the application to 
which the filing responds; (3) furnish the name, address, and telephone 
number of the person protesting or intervening; and (4) otherwise 
comply with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, motions to intervene, or protests must set forth their 
evidentiary basis and otherwise comply with the requirements of 18 CFR 
4.34(b). All comments, motions to intervene, or protests should relate 
to project works which are the subject of the amendment application. 
Agencies may obtain copies of the application directly from the 
applicant. A copy of any protest or motion to intervene must be served 
upon each representative of the applicant specified in the particular 
application. If an intervener 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. A copy of all other 
filings in reference to this application must be accompanied by proof 
of service on all persons listed in the service list prepared by the 
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 
385.2010.

    Dated: October 4, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-26232 Filed 10-11-11; 8:45 am]
BILLING CODE 6717-01-P


