80 FR 26023 - Willow Creek Hydro, LLC; Notice of Termination Of License (Minor Project) by Implied Surrender and Soliciting Comments and Protests

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 87 (May 6, 2015)

[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Notices]
[Pages 26023-26024]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10566]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7856-027]


Willow Creek Hydro, LLC; 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.: 7856-027.
    c. Date Initiated: April 29, 2015.
    d. Licensee: Willow Creek Hydro, LLC.
    e. Name and Location of Project: The Potosi Power Company Water 
Power Project, is located on the South Willow and Potosi Creeks, in 
Madison County, Montana and occupies 0.3 acres of federal lands within 
the Beaverhead National Forest.
    f. Filed Pursuant to: Standard Article 24.
    g. Licensee Contact Information: Ms. Jane Joslin, Willow Creek 
Hydro, LLC., 1 South Willow Creek, Pony, Montana 59747 and Mr. Darrin 
Brooks, Willow Creek Hydro, LLC., P.O. Box 267, Pony, Montana 59747, 
(406) 685-3330.
    h. FERC Contact: Ashish Desai, (202) 502-8370, 
[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 (P-7856-027) 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 6-foot-high diversion 
structure; (2) a 2,300-foot-long penstock; (3) a powerhouse containing 
two generating units with a combined installed capacity of 300 kW; (4) 
a 10,000-foot-long underground transmission line; (5) a 2.5-mile-long, 
12.5-kV overhead transmission line; and (6) appurtenant facilities.
    k. Description of Proceeding: The licensee is in violation of 
Article 24 of its license, which was issued October 7, 1985 (33 FERC ] 
62,017). Article 24 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 has not operated since 
the project penstock ruptured in 1994. After several years of 
correspondence regarding restoring project operation, the licensee has 
become non-responsive. The licensee most recently filed a plan and 
schedule to restore project operation with the Commission on February 
6, 2014. By letter dated March 6, 2014, the Commission acknowledged the 
filing and required the licensee to file progress reports January 1 and 
June 1 of each year to ensure the licensee's continued progress towards 
restoring project operation. The licensee did not file the first 
progress report due on June 1, 2014. By letter dated November 12, 2014, 
the Commission indicated the licensee must file the overdue progress 
report, failure to do so would result in an implied surrender of the 
project license. To date, the licensee has not filed a response and the 
project remains inoperable.
    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-7856-027) 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

[[Page 26024]]

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: April 29, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-10566 Filed 5-5-15; 8:45 am]
 BILLING CODE 6717-01-P