80 FR 26923 - Congdon Pond Hydro, LLC; Notice of Intent To Terminate Exemption (5 Mw or Less) and Soliciting Comments, Protests, or Motions To Intervene

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 90 (May 11, 2015)

[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26923-26924]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11283]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10200-014]


Congdon Pond Hydro, LLC; Notice of Intent To Terminate Exemption 
(5 Mw or Less) and Soliciting Comments, Protests, or 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.: 10200-014.
    c. Date Initiated: May 4, 2015.
    d. Exemptee: Congdon Pond Hydro, LLC.
    e. Name and Location of Project: The Congdon Dam Hydroelectric 
Project is located on the Oxoboxo Brook in New London County, 
Connecticut.
    f. Filed Pursuant to: 18 CFR 4.106 (Standard Article 1).
    g. Exemptee Contact Information: Mr. John Morte, President and 
Treasurer, Congdon Pond Hydro, LLC., 63 Hayward Street, Milford, MA 
(508) 333-6743.
    h. FERC Contact: Jennifer Polardino, (202) 502-6437, 
[email protected].
    i. Deadline for filing comments, protests, or motions to intervene 
is 30 days from the issuance 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-10200-014) 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 35-foot-high by 170-
foot-long dam, with 7-inch-high flashboards; (2) a 6.5-acre reservoir 
with a storage capacity of 130 acre-feet; (3) two outlet works with an 
overall length of 23 feet; (4) a 5-foot-diameter by 70-foot-long 
penstock; (5) a powerhouse containing one 60-kilowatts generating unit; 
(6) a tailrace; and (7) appurtenant facilities.
    k. Description of Proceeding: The exemptee is in violation of 
Standard Article 1 of its exemption, which was granted on December 9, 
1987 (41 FERC ] 62,224). Article 1 provides, among other things, that 
the Commission may terminate an exemption if any term or condition of 
the exemption is violated.
    Commission records show that Congdon Dam Hydroelectric Project has 
been non-operational since May 2002. After several years of 
correspondence regarding restoring project operation, the exemptee has 
become non-responsive. The exemptee most recently filed with the 
Commission on September 18, 2014 a plan and schedule to restore project 
operation. In its filing, the exemptee also requested to extend the 
date to restore project operation to October 1, 2015. By letter dated 
October 8, 2014, the Commission acknowledged the filing and required 
the exemptee to file a status update by January 15, 2015 to show 
continued progress towards restoring project operation. The filing 
should also include an application to amend the exemption to reflect 
the new transmission line alignment. The exemptee did not do so. By 
letter dated April 9, 2015, the Commission again required the exemptee 
to file by April 24, 2014, a plan and schedule to restore operational 
status, and an application to amend the exemption if the exemptee still 
intends to change the transmission line alignment. The exemptee was 
notified that failure to do so would result in an implied surrender of 
the project exemption. To date, the exemptee 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-10200-014) 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-

[[Page 26924]]

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, 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, .211, 
.212, .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 comments, 
protests, or motions to intervene must be received on or before the 
specified comment 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 
``MOTIONS 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 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 exemption. A copy of any protest 
or motion to intervene must be served on each representative of the 
exemptee specified in item ``f'' 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: May 4, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-11283 Filed 5-8-15; 8:45 am]
 BILLING CODE 6717-01-P