
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13664-13665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04656]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7783-000]


Piedmont Triad Regional Water Authority; Notice of Termination of 
Exemption by Implied Surrender and Soliciting Comments, Protests, and 
Motions To Intervene

    Take notice that the following hydroelectric proceeding has been 
initiated by the Commission:
    a. Type of Proceeding: Termination of exemption by implied 
surrender.
    b. Project No.: 7783-000.
    c. Date Initiated: February 21, 2013.
    d. Exemptee: Piedmont Triad Regional Water Authority.
    e. Name and Location of Project: The Cedar Falls Hydroelectric 
Project is located on the Deep River in Randolph County, North 
Carolina.
    f. Filed Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Greg Flory, P.O. Box 1326, 
Randleman, North Carolina, 27317.
    h. FERC Contact: Krista Sakallaris (202)502-6302 or 
Krista.Sakallaris@ferc.gov.
    i. Deadline for filing comments, protests, and motions to intervene 
is 30 days from the issuance of this notice by the Commission. Please 
file your submittal electronically via the Internet (eFiling) in lieu 
of paper. Please refer to the instructions on the Commission's Web site 
under http://www.ferc.gov/docs-filing/efiling.asp and filing 
instructions in the Commission's Regulations at 18 CFR section 
385.2001(a)(1)(iii).\1\ To assist you with eFilings you should refer to 
the submission guidelines document at http://www.ferc.gov/help/submission-guide/user-guide.pdf. In addition, certain filing 
requirements have statutory or regulatory formatting and other 
instructions. You should refer to a list of these ``qualified 
documents'' at http://www.ferc.gov/docs-filing/efiling/filing.pdf. You 
must include your name and contact information at the end of your 
comments. Please include the project number (P-7783-000) on any 
documents or motions filed. The Commission strongly encourages 
electronic filings; otherwise, you should submit an original and seven 
copies of its submittal to the following address: The Secretary, 
Federal Energy Regulatory Commission, Mail Code: DHAC, PJ-12, 888 First 
Street NE., Washington, DC 20426.
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    \1\ http://www.ferc.gov/legal/fed-sta.asp Select the link for 
Code of Federal Regulations and navigate to Sec.  385.2001.
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    j. Description of Existing Facilities: The inoperative project 
consists of the following existing facilities: (1) An existing 
reservoir behind an upstream dam of two existing dams in the project, 
with a surface area of 2.5 acres and a storage capacity of 9.0 acre-
feet; (2) a 125-foot-long, 6-foot-high concrete slab and buttress, 
upstream dam; (3) a 80-foot-long, 9-foot-high dam 300 feet downstream 
from the upstream dam and located on the left side of an island that 
splits Deep River into two streams; (4) the use of 70-feet of an 
existing 15-foot-wide, 200-foot-long intake canal; (5)a penstock off 
the right side of the intake canal;(6) a powerhouse with two turbine/
generator units operating at a hydraulic head of 16-feet for a total 
installed capacity of 275 kW; (7)a 50-foot-long transmission line; (8) 
and appurtenant facilities.
    k. Description of Proceeding: The exemptee is in violation of 
Standard Article 1 of its exemption, which was granted on September 6, 
1984 (28 FERC ] 62,338). The Commission's regulation, 18 CFR 4.106, 
provides, among other things, that the Commission reserves the right to 
revoke an exemption if any term or condition of the exemption is 
violated. During a May 2006 dam safety inspection, Commission staff 
found that the project stopped operating sometime after 2003.
    Commission staff inspected the project again in March 2009 and in 
August 2012. The exemptee did not provide a project representative 
during either of these inspections. The Commission attempted to contact 
the exemptee, requiring a plan and schedule to resume operation; the 
exemptee did not respond.
    In November 2012, and again in January 2013, the Commission sent 
letters requiring the exemptee to file a plan and schedule to restore 
project operation or an application to surrender the project. The 
letter stated that the Commission would begin an implied surrender 
process if the plan was not filed. To date, the exemptee has not filed 
a response and the project remains inoperable.
    l. This notice is available for review and reproduction at the 
Commission in the Public Reference Room, Room 2A, 888 First Street NE., 
Washington, DC 20426. The filing may also be viewed on the Commission's 
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the 
Docket number (P-7783-000) excluding the last three digits in the 
docket number field to access the notice. You may also register online 
at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via 
email of new filings and issuances related to this or other pending 
projects. For assistance, call toll-free 1-866-208-3676 or email 
FERCOnlineSupport@ferc.gov. For TTY, call (202) 502-8659.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. 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, 
385.211, and 385.214. In determining the appropriate action to take, 
the Commission will consider all protests filed, but only those who 
file a motion to intervene in accordance with the

[[Page 13665]]

Commission's Rules may become a party to the proceeding. Any protests 
or motions to intervene must be received on or before the specified 
deadline date for the particular proceeding.
    o. 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 project number of the proceeding to which the filing responds; (3) 
furnish the name, address, and telephone number of the person 
commenting, protesting or intervening; and (4) otherwise comply with 
the requirements of 18 CFR 385.2001 through 385.2005. All comments, 
protests or motions to intervene must set forth their evidentiary basis 
and otherwise comply with the requirements of 18 CFR 4.34(b). All 
comments, protests, or motions to intervene should relate to project 
works which are the subject of the termination of exemption. A copy of 
any protest or motion to intervene must be served upon each 
representative of the Exemptee specified in item g above. 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 notice 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.
    p. Agency Comments--Federal, state, and local agencies are invited 
to file comments on the described proceeding. If any agency does not 
file comments within the time specified for filing comments, it will be 
presumed to have no comments.

    Dated: February 21, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-04656 Filed 2-27-13; 8:45 am]
BILLING CODE 6717-01-P


