Duke Power; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions, 4840 [E5-333]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Notices]
[Page 4840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-333]



[[Page 4840]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-2602-007]


Duke Power; Notice of Application Ready for Environmental 
Analysis and Soliciting Comments, Recommendations, Terms and 
Conditions, and Prescriptions

January 21, 2005.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Surrender of License.
    b. Project No.: 2602-007.
    c. Date filed: May 26, 2004.
    d. Applicant: Duke Power.
    e. Name of Project: Dillsboro Hydroelectric Project.
    f. Location: On the Tuckasegee River, in Jackson County, North 
Carolina. The project does not affect federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: John C. Wishon, Nantahala Area Relicensing 
Project Manager, Duke Power, 301 NP&L Loop, Franklin, NC 28734, (828) 
369-4604, jcwishon@duke-energy.com
    i. FERC Contact: Carolyn Holsopple at (202) 502-6407 or 
carolyn.holsopple@ferc.gov.
    j. Deadline for filing comments, recommendations, terms and 
conditions, and prescriptions is 60 days from the issuance of this 
notice; reply comments are due 105 days from the issuance date of this 
notice.
    All documents (original and eight copies) should be filed with: 
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing 
documents with the Commission to serve a copy of that document on each 
person on the official service list for the project. Further, if an 
intervenor 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.
    Comments, recommendations, terms and conditions, and prescriptions 
may be filed electronically via the Internet in lieu of paper. The 
Commission strongly encourages electronic filings. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
(https://www.ferc.gov) under the ``e-filing'' link.
    k. This application has been accepted for filing and is now ready 
for environmental analysis.
    l. Duke Power filed an application to surrender its major license 
for the Dillsboro Hydroelectric Project. Duke requests that the 
Commission approve the following: (1) Continue operating the Dillsboro 
Project under the terms of the current license until dam removal 
begins; (2) Decommission the dam and powerhouse and complete dam 
removal and powerhouse closure/removal within three years following the 
final FERC approval order; (3) Prepare and obtain FERC approval of, and 
implement an environmental monitoring plan in association with the dam 
removal, including completion of the Duke implemented portions of any 
post-removal stream restoration and annual monitoring within two years 
following completion of the dam removal. Also included in the surrender 
application was the Tuckasegee/Nantahala Settlement Agreements which 
were filed on January 26, 2004 as part of the relicense applications 
for the East Fork (P-2698), West Fork (P-2686), Nantahala (P-2692), 
Bryson (P-2601), Franklin (P-2603), and Mission (P-2619) Hydroelectric 
Projects. The settlement agreements provide various environmental 
enhancement measures, which include the removal of the Dillsboro Dam 
and Powerhouse.
    m. A copy of the application is available for review at the 
Commission in the Public Reference Room or may be viewed on the 
Commission's Web site at https://www.ferc.gov using the ``eLibrary'' 
link. Enter the docket number excluding the last three digits in the 
docket number field to access the document. For assistance, contact 
FERC Online Support at FERCOnlineSupport@ferc.gov or toll-free at 1-
866-208-3676, or for TTY, (202) 502-8659. A copy is also available for 
inspection and reproduction at the address in item (h) above.
    You may also register online at https://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, 
contact FERC Online Support.
    n. Public notice of the filing of the initial development 
application, which has already been given, established the due date for 
filing competing applications or notices of intent. Under the 
Commission's regulations, any competing development application must be 
filed in response to and in compliance with public notice of the 
initial development application. No competing applications or notices 
of intent may be filed in response to this notice.
    All filings must (1) bear in all capital letters the title 
``COMMENTS'', ``REPLY COMMENTS'', ``RECOMMENDATIONS,'' ``TERMS AND 
CONDITIONS,'' or ``PRESCRIPTIONS;'' (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 submitting the filing; and (4) otherwise comply 
with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, recommendations, terms and conditions or prescriptions must 
set forth their evidentiary basis and otherwise comply with the 
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the 
application directly from the applicant. Each filing must be 
accompanied by proof of service on all persons listed on the service 
list prepared by the Commission in this proceeding, in accordance with 
18 CFR 4.34(b), and 385.2010.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-333 Filed 1-28-05; 8:45 am]
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