80 FR 20215 - Inman Mills; Notice of Termination of License (Minor Project) by Implied Surrender and Soliciting Comments, Protests and Motions To Intervene

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 72 (April 15, 2015)

[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Pages 20215-20216]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08559]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4362-007]


Inman Mills; Notice of Termination of License (Minor Project) 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 license by implied surrender.
    b. Project No.: 4362-007.
    c. Date Initiated: April 7, 2015.
    d. Licensee: Inman Mills.
    e. Name and Location of Project: The Riverdale Hydroelectric 
Project, located on the Enoree River near Enoree, in Spartanburg and 
Laurens counties, South Carolina.
    f. Filed Pursuant to: Standard Article 16.
    g. Licensee Contact Information: Mr. Keith Woods, Corporate 
Technical Director Inman Mills, P.O. Box 207, Inman, SC 29439, (864) 
472-2121.
    h. FERC Contact: M. Joseph Fayyad, (202) 502-8759, 
[email protected].
    i. Deadline for filing comments and protests is 30 days from the 
issuance date 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 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 (4362-007) 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) A reinforced concrete dam 
approximately 14 feet high and 425 feet long; (2) a 9-foot-diameter 
penstock, approximately 110 feet long; (3) a powerhouse containing one 
generating Unit with a capacity of 1,240 kW; (4) a reservoir with a 
surface area of 9 acres at a normal pool elevation of 512 feet, and a 
gross storage capacity of 22 acre-feet; and (5) appurtenant facilities.
    k. Description of Proceeding: The licensee is in violation of 
Article 16 of its license, which was granted September 29, 1982 (20 
FERC ] 62,586). 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 show that the project has not been operational 
since January 2001 and the licensee (Inman Mills) has failed to retain 
sufficient rights to operate the project. Inman Mills transferred the 
property rights to another party without securing an effective transfer 
approval from the Commission, which is a continuing violation of 
standard article 5 of the license. The current project license expired 
on August 31, 2012, and the project remains authorized under an annual 
license. Inman Mills failed to file a notice of intent to seek a 
subsequent license, which the Commission deemed as notice that Inman 
Mills does not intend to file an application for subsequent license. 
Then on August 31, 2010, Lockhart Power Company, Inc., filed a license 
application for the project; however, the application was withdrawn on 
October 1, 2014. On November 26, 2014, staff sent the licensee a letter 
pursuant to the Commission's regulations at 18 CFR 16.26(b), requiring 
the licensee to file a schedule for the filing of a surrender 
application for the project license for Commission approval within 90 
days from the date of the letter. The letter required that any 
application must be filed in accordance with 18 CFR 16.8 and Part 6 of 
the Commission's regulations. The letter stated that if no response is 
filed, the Commission will take action to terminate license by implied 
surrender. On February 3, 2015, the licensee filed a response but 
failed to file a surrender application in accordance with18 CFR 16.8 
and Part 6 of the Commission's regulations.
    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-4362-007) 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 
[email protected]. 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, .211 and .214. In determining the appropriate action to 
take, the Commission will consider all protests or other comments 
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 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 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. All comments, 
protests, or motions to intervene should relate to project works which 
are the subject of the termination of license. A copy of any protest or 
motion to intervene 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.

[[Page 20216]]

    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: April 7, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-08559 Filed 4-14-15; 8:45 am]
 BILLING CODE 6717-01-P