[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Page 44010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17136]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7656-000]


Village of Highland Falls High-Point Utility, LDC; Notice of 
Existing Licensee's Failure To File a Notice of Intent To File a 
Subsequent License Application, and Soliciting; Notices of Intent To 
File a License Application and Pre-Application Documents

    The current license for Buttermilk Falls Hydroelectric Project No. 
7656 (Buttermilk Falls Project) was issued to the original licensee, 
John A. Dodson, on June 24, 1986, for a term of 40 years, ending May 
31, 2026.\1\ The project became non-operational in 2012 due to damage 
caused by Hurricanes Sandy and Irene, and has remained non-operational 
since. The license was transferred to the current licensee, Village of 
Highland Falls High-Point Utility, LDC (High-Point Utility) on 
September 21, 2017.\2\ The 75-kilowatt (kW) project is located on 
Buttermilk Falls Brook, a tributary of the Hudson River, in Orange 
County, New York.
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    \1\ See John A. Dodson, 35 FERC ] 62,532 (1986).
    \2\ See John A. Dodson, Village of Highland Falls High-Point 
Utility, LDC, 160 FERC ] 62,239 (2017).
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    The principal project works consist of: (1) An 18-inch-high, 15-
foot-long dam; (2) an 18-inch-diameter, 400-foot-long PVC penstock; (3) 
a powerhouse containing one 55-kW and one 20-kW generating unit, for a 
total of installed generating capacity of 75-kW; (4) two 480-volt 
generator leads; (5) a 300-foot-long, 480-volt transmission line; and 
(6) a 0.48/13.6-kilovolt cable connecting the transformer to the area 
distribution system.
    At least five years before the expiration of a license for a minor 
water power project in which sections 14 and 15 of the Federal Power 
Act were waived, the Commission's regulations require the licensee to 
file with the Commission a notice of intent (NOI) that contains an 
unequivocal statement of the licensee's intention to file or not to 
file an application for a subsequent license, details on the principal 
project works and installed plant capacity, and other information.\3\
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    \3\ 18 CFR 16.19(b) (2020) (citing 18 CFR 16.6(b)). Section 
16.19(b) applies to licenses not subject to Parts 14 and 15 of the 
Federal Power Act.
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    If such a licensee does not inform the Commission that it intends 
to file an application for, in this case, a subsequent license for the 
project, the licensee may not file an application for a subsequent 
license, either individually or in conjunction with an entity or 
entities that are not currently licensees of the project.\4\
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    \4\ 18 CFR 16.24(b) (2020).
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    Because the current license expires on May 31, 2026, the NOI was 
due to be filed no later than the close of business on May 31, 2021.\5\ 
High-Point Utility, the current licensee for the Buttermilk Falls 
Project, failed to file an NOI by this date.\6\
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    \5\ The Commission's Rules of Practice and Procedure provide 
that if a filing deadline falls on a Saturday, Sunday, holiday, or 
other day when the Commission is closed for business, the filing 
deadline does not end until the close of business on the next 
business day. 18 CFR 2007(a)(2) (2020). Because the deadline to file 
the NOI fell on a federal holiday (i.e., Memorial Day), the filing 
deadline was extended until the close of business on Tuesday, June 
1, 2021.
    \6\ On June 23, 2021, High-Point Utility filed a letter 
indicating that it intended to proceed with relicensing for the 
Buttermilk Falls Hydroelectric Project No. 7656, however, the filing 
was not in conformance with the noticing requirements of section 5.5 
of the Commission's regulations, because among other things, it did 
not identify the principle project works and it did not include the 
names and mailing addresses of nearby municipalities, counties, 
political subdivisions, or affected Indian tribes. It also did not 
include a pre-application document as required by section 5.6 of the 
regulations.
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    Any party interested in filing a license application for the 
Buttermilk Falls Project No. 7656 must first file a NOI \7\ and pre-
application document (PAD) \8\ pursuant to Part 5 of the Commission's 
regulations. Although the integrated licensing process is the default 
pre-filing process, section 5.3(b) of the Commission's regulations 
allows a potential license applicant to request to use alternative 
licensing procedures when it files its NOI.\9\
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    \7\ 18 CFR 5.5 (2020).
    \8\ 18 CFR 5.6 (2020).
    \9\ 18 CFR 5.3(b) (2020).
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    This notice sets a deadline of 120 days from the date of this 
notice for interested applicants, other than the existing licensee, to 
file NOIs, PADs, and requests to use an alternative licensing process.
    Applications for a subsequent license from potential (non-licensee) 
applicants must be filed with the Commission at least 24 months prior 
to the expiration of the current license.\10\ Because the current 
license expires on May 31, 2026, applications for license for this 
project must be filed by May 31, 2024.\11\
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    \10\ 18 CFR 16.20 (2020).
    \11\ To the extent an interested applicant files an NOI and PAD 
and elects or is required to use the Commission's ILP, a process 
plan will be issued within 180 days of this notice, which 
accelerates the steps of the ILP to allow for filing a subsequent 
license application by the May 31, 2024 deadline.
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    Questions concerning this notice should be directed to Samantha 
Pollak at (202) 502-6419 or samantha.pollak@ferc.gov.

    Dated: August 5, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-17136 Filed 8-10-21; 8:45 am]
BILLING CODE 6717-01-P


