Milburnie Hydro Inc.; Notice of Termination of Exemption by Implied Surrender and Soliciting Comments, Protests, and Motions To Intervene, 73653-73654 [2012-29794]

Download as PDF tkelley on DSK3SPTVN1PROD with Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices program, Part 157, Subpart F of the Commission’s Regulations, section 157.206(c) states that ‘‘any authorized construction, extension, or acquisition shall be completed and made available for service by the certificate holder and any authorized operation, or service, shall be available within one year of the date the activity is authorized’’. As described above, Southern’s proposed project will span two years given the nature of the changes proposed for the operation of its Muldon storage field. Thus, pursuant to section 157.206(c), Southern must seek an extension of that one year deadline for the activities not completed during that first year just prior to the beginning of the second year of the project and describe progress of the project at that point. Any questions concerning this application may be directed to Tina A. Hardy, Regulatory Manager, Southern Natural Gas Company, L.L.C., 569 Brookwood Village, Suite 749, Birmingham, Alabama 35209 or via telephone at (205) 325–3668, or via email: tina_hardy@kindermorgan.com. This filing is available for review at the Commission 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 filed to access the document. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or call toll-free at (866) 206–3676, or, for TTY, contact (202) 502–8659. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site under the ‘‘eFiling’’ link. The Commission strongly encourages intervenors to file electronically. Any person or the Commission’s staff may, within 60 days after issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission’s Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention and pursuant to section 157.205 of the regulations under the NGA (18 CFR 157.205), a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for filing a protest. If a protest is filed and not withdrawn within 30 days after the allowed time for filing a protest, the instant request shall be treated as an application for authorization pursuant to Section 7 of the NGA. VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 Dated: November 30, 2012. Kimberly D. Bose, Secretary. [FR Doc. 2012–29812 Filed 12–10–12; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7910–006] Milburnie Hydro Inc.; 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.: 7910–006. c. Date Initiated: December 4, 2012. d. Exemptee: Milburnie Hydro Inc. e. Name and Location of Project: The Milburnie Hydroelectric Project is located on Neuse River in Wake County, North Carolina. f. Filed Pursuant to: 18 CFR 4.106. g. Exemptee Contact Information: Mr. Michael Allen, President, Milburnie Hydro, P.O. Box 1401, Burlington, NC 27216–1401. 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 date of this notice. 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 https://www.ferc.gov/docsfiling/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 https://www.ferc.gov/help/submissionguide/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 https://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–7910–006) on any documents or motions filed. The Commission strongly encourages electronic filings; otherwise, you should 1 https://www.ferc.gov/legal/fed-sta.asp Select the link for Code of Federal Regulations and navigate to § 385.2001. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 73653 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. j. Description of Existing Facilities: The inoperative project consists of the following existing facilities: (1) A 14foot-high and 625-foot-long concrete dam; (2) a reservoir with an estimated storage area of 500 acre-feet; (3) a powerhouse with a total installed capacity of 645 kW; (4) transmission lines; and (5) appurtenant facilities. k. Description of Proceeding: The exemptee is in violation of Standard Article 1 of its exemption; which was granted on May 11, 1984 (27 FERC ¶ 62,132). The Commission’s regulations, 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. At some point between May 2006 and September 2009, vandals stole wiring from the projects powerhouse, causing the project to become inoperable. On October 21, 2009, August 21, 2012, and on November 16, 2012, the Commission directed the exemptee to file a public safety plan and a plan and schedule to restore operation to the project, or to surrender the exemption. The Commission also informed the exemptee that it was in violation of the terms and conditions of the exemption. The exemptee has not attempted to restore project operation and has not responded to the Commissions letters by filing the required plans. The Division of Dam Safety and Inspections accompanied by staff from the U.S. Fish and Wildlife Service and the North Carolina Department of Environment and Natural Resources inspected the project in August 2012; neither the exemptee nor a representative for the project attended the inspection. The exemptee has not properly maintained the project and it remains inoperable. By not operating the project as proposed and authorized, the exemptee is in violation of the terms and conditions of the exemption. 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 https:// www.ferc.gov/docs-filing/elibrary.asp. Enter the Docket number (P–7910–006) excluding the last three digits in the docket number field to access the notice. You may also register online at https://www.ferc.gov/docs-filing/ esubscription.asp to be notified via E:\FR\FM\11DEN1.SGM 11DEN1 tkelley on DSK3SPTVN1PROD with 73654 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices 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 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. VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 Dated: December 4, 2012. Kimberly D. Bose, Secretary. [FR Doc. 2012–29794 Filed 12–10–12; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 10078–053] Eau Galle Renewable Energy Company, Eau Galle Hydro, LLC; Notice of Transfer of Exemption 1. By letter filed October 12, 2012, Eau Galle Renewable Energy Company informed the Commission that its exemption from licensing for the Eau Galle Hydroelectric Project, FERC No. 10078, originally issued March 10, 1987,1 and transferred to Eau Galle Renewable Energy Company by letter.2 The project is located on the Eau Galle River in Dunn County, Wisconsin. The transfer of an exemption does not require Commission approval. 2. Mr. Jason Kreuscher, Eau Galle Hydro, LLC, P.O. Box 264, 100 S. State Street, Neshkoro, WI 54960 is now the exemptee of the Eau Galle Hydroelectric Project, FERC No. 10078. Dated: December 4, 2012. Kimberly D. Bose, Secretary. [FR Doc. 2012–29795 Filed 12–10–12; 8:45 am] BILLING CODE 6717–01–P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the 1 38 FERC ¶ 62,225, Order Granting Exemption From Licensing (5 MW or Less) And Dismissing Preliminary Permit Application With Prejudice. 2 Letter notifying the Commission of the Transfer of Exemption for Project No. 10078, filed July 13, 2000. PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 4, 2012. A. Federal Reserve Bank of Richmond (Adam M. Drimer, Assistant Vice President) 701 East Byrd Street, Richmond, Virginia 23261–4528: 1. Piedmont Community Bank Holdings, Inc., and Crescent Financial Bancshares, Inc., both in Raleigh, North Carolina; to acquire 100 percent of the voting shares of ECB Bancorp, Inc., and thereby indirectly acquire voting shares of The East Carolina Bank, both in Engelhard, North Carolina. B. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street, NE., Atlanta, Georgia 30309: 1. 4830 Acquistion Company, LLC, Tampa, Florida; to become a bank holding company by acquiring 100 percent of the voting shares of Southern Commerce Bank, National Association, Tampa, Florida. Board of Governors of the Federal Reserve System, December 6, 2012. Margaret McCloskey Shanks, Deputy Secretary of the Board. [FR Doc. 2012–29845 Filed 12–10–12; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Government in the Sunshine Act; Meeting Notice Board of Governors of the Federal Reserve System. TIME AND DATE: 3:00 p.m. on Friday, December 14, 2012. PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th Street, entrance between Constitution Avenue and C Streets NW., Washington, DC 20551. STATUS: Open. AGENCY HOLDING THE MEETING: E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73653-73654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29794]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7910-006]


Milburnie Hydro Inc.; 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.: 7910-006.
    c. Date Initiated: December 4, 2012.
    d. Exemptee: Milburnie Hydro Inc.
    e. Name and Location of Project: The Milburnie Hydroelectric 
Project is located on Neuse River in Wake County, North Carolina.
    f. Filed Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Mr. Michael Allen, President, 
Milburnie Hydro, P.O. Box 1401, Burlington, NC 27216-1401.
    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 date of this notice. 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 
https://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 https://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 https://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-7910-006) 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.
---------------------------------------------------------------------------

    \1\ https://www.ferc.gov/legal/fed-sta.asp Select the link for 
Code of Federal Regulations and navigate to Sec.  385.2001.
---------------------------------------------------------------------------

    j. Description of Existing Facilities: The inoperative project 
consists of the following existing facilities: (1) A 14-foot-high and 
625-foot-long concrete dam; (2) a reservoir with an estimated storage 
area of 500 acre-feet; (3) a powerhouse with a total installed capacity 
of 645 kW; (4) transmission lines; and (5) appurtenant facilities.
    k. Description of Proceeding: The exemptee is in violation of 
Standard Article 1 of its exemption; which was granted on May 11, 1984 
(27 FERC ] 62,132). The Commission's regulations, 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. At some point between May 2006 and September 2009, vandals 
stole wiring from the projects powerhouse, causing the project to 
become inoperable.
    On October 21, 2009, August 21, 2012, and on November 16, 2012, the 
Commission directed the exemptee to file a public safety plan and a 
plan and schedule to restore operation to the project, or to surrender 
the exemption. The Commission also informed the exemptee that it was in 
violation of the terms and conditions of the exemption. The exemptee 
has not attempted to restore project operation and has not responded to 
the Commissions letters by filing the required plans.
    The Division of Dam Safety and Inspections accompanied by staff 
from the U.S. Fish and Wildlife Service and the North Carolina 
Department of Environment and Natural Resources inspected the project 
in August 2012; neither the exemptee nor a representative for the 
project attended the inspection. The exemptee has not properly 
maintained the project and it remains inoperable. By not operating the 
project as proposed and authorized, the exemptee is in violation of the 
terms and conditions of the exemption.
    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 https://www.ferc.gov/docs-filing/elibrary.asp. Enter the 
Docket number (P-7910-006) excluding the last three digits in the 
docket number field to access the notice. You may also register online 
at https://www.ferc.gov/docs-filing/esubscription.asp to be notified via

[[Page 73654]]

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 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: December 4, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-29794 Filed 12-10-12; 8:45 am]
BILLING CODE 6717-01-P
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