
[Federal Register Volume 79, Number 34 (Thursday, February 20, 2014)]
[Notices]
[Pages 9737-9738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03650]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10881-007]


Daniel Nelson Evans, Jr.; Notice of Termination of License (Minor 
Project) by Implied Surrender and Soliciting Comments and Protests

    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.: 10881-007.
    c. Date Initiated: February 12, 2014.
    d. Licensee: Daniel Nelson Evans, Jr.
    e. Name and Location of Project: The Whitney Mills Hydroelectric 
Project is located on Lawsons Fork Creek, in Spartanburg County, South 
Carolina.
    f. Filed Pursuant to: Standard Article 16.
    g. Licensee Contact Information: Daniel N. Evans, 212 Range Road 
Kings Mountain, North Carolina 28086, (704) 739-9710.
    h. FERC Contact: Krista Sakallaris, (202) 502-6302, 
Krista.Sakallaris@ferc.gov.
    i. Deadline for filing comments and protests 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 385.2001(a)(1)(iii). 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

[[Page 9738]]

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 (10881-007) on any documents or motions filed. The 
Commission strongly encourages electronic filings; otherwise, you 
should submit an original and seven copies of any submittal to the 
following address: The Secretary, Federal Energy Regulatory Commission, 
Mail Code: DHAC, PJ-12, 888 First Street NE., Washington, DC 20426.
    j. Description of Project Facilities: (1) An existing 296-foot-
long, 23-foot-high (including flashboards) stone masonry dam containing 
(a) a 221-foot-long uncontrolled overflow spillway with 3-foot-high 
flashboards mounted on its crest and (b) two low-level, 3- by 5-foot 
vertical slide gates near the right abutment; (2) a reservoir with a 
surface area of about 2 to 4 acres, a gross storage capacity of about 
30 acre-feet (AF), and a normal water surface elevation of 703 feet 
mean sea level (m.s.l.); (3) two buried steel penstocks, each with a 
length of 60 feet and a diameter of 4 feet; (4) a concrete and brick 
powerhouse measuring 14.5 feet by 26.5 feet and containing a single 
generating unit rated at 225 kilowatts (kW); (5) a tailrace separated 
from the river by a 30-foot-long concrete tailrace wing wall; and (6) 
appurtenant equipment and facilities.
    k. Description of Proceeding: The licensee is in violation of 
Article 16 of its license, which was granted June 8, 1993 (63 FERC ] 
62,243). Article 16 states in part: If the Licensee 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.
    Commission records indicate that the project stopped operating in 
July 2005. Since that time, the licensee has attempted to sell the 
project and/or acquire a favorable rate contract to determine if it is 
economically feasible to generate power at the project. On December 5, 
2013, staff sent the licensee a letter requiring either an application 
to surrender the project or a plan and schedule to restore operation. 
On February 6, 2014, the licensee filed a response indicating its 
desire to surrender the project. The filing did not meet the 
requirements of a surrender application.
    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-10881-007) 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 and Protests--Anyone may submit comments or protests in 
accordance with the requirements of Rules of Practice and Procedure, 18 
CFR 385.210 and 385.211. In determining the appropriate action to take, 
the Commission will consider all protests filed. Any protests 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 or ``PROTEST,'' 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 or protesting; and (4) 
otherwise comply with the requirements of 18 CFR 385.2001 through 
385.2005. All comments or protests must set forth their evidentiary 
basis and otherwise comply with the requirements of 18 CFR 4.34(b). All 
comments or protests should relate to project works which are the 
subject of the termination of license. A copy of any protest must be 
served upon each representative of the licensee specified in item g 
above. 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 12, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-03650 Filed 2-19-14; 8:45 am]
BILLING CODE 6717-01-P


