80 FR 78726 - David O. Harde; 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 242 (December 17, 2015)

[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78726-78727]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31722]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8722-018]


David O. Harde; 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.: 8722-018.
    c. Date Initiated: December 11, 2015.
    d. Licensee: David O. Harde.

[[Page 78727]]

    e. Name and Location of Project: Landis-Harde Hydroelectric Project 
located on Perry Creek, in El Dorado County, California.
    f. Filed Pursuant to: Standard Article 16.
    g. Licensee Contact Information: Mr. David O. Harde, 6540 Perry 
Creek Road, Somerset, California 95684, Phone: (530) 620-5629.
    h. FERC Contact: Mr. Ashish Desai, (202) 502-8370, 
[email protected].
    i. Deadline for filing comments, motions to intervene and protests, 
is 30 days from the issuance date of this notice. The Commission 
strongly encourages electronic filing. Please file motions to 
intervene, protests, comments, and recommendations, using the 
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 
characters, without prior registration, using the eComment system at 
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your 
name and contact information at the end of your comments. For 
assistance, please contact FERC Online Support at 
[email protected], (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to: 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426. The first page of any filing should include 
docket number P-8722-018.
    j. Description of Project Facilities: (1) A 4-foot-high, 42-foot-
long reinforced concrete dam; (2) a 24-inch-diameter, 1,000-foot-long 
penstock; (3) a powerhouse containing a single generating unit with a 
rated capacity of 100 kW; and (4) a 500-foot-long tap connecting the 
project with an existing Pacific Gas and Electric Company 21-kv 
transmission line west of the powerhouse.
    k. Description of Proceeding: The licensee is in violation of 
standard Article 16 of its license, issued on April 27, 1990 (51 FERC ] 
61,088). 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 mailed to the record address of the Licensee or its agent, 
the Commission will deem it to be the intent of the Licensee to 
surrender the license.
    Commission records indicate that the project has not been 
operational since 2006 when the licensee determined, that the project 
was no longer financially viable due to low water flows and high 
insurance rates. After several years of correspondence regarding 
transferring the license to a third party and resuming project 
operation, the licensee has become non-responsive. Most recently, by 
letter dated September 1, 2015, the licensee informed the Commission of 
its intent to file a license transfer application shortly thereafter. 
The licensee did not file a transfer application. By letter dated 
September 4, 2015, Commission staff requested the licensee file 
documentation regarding the non-operational status of the project 
within 30 days. The licensee did not file the requested information. By 
letter dated October 27, 2015, the Commission ordered the licensee to 
file a plan and schedule to resume project operations or a transfer 
application within 30 days, and failure to do so would result in 
termination of the project license by implied surrender. The licensee 
has not filed a response.
    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-8722-018) 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, 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, 
.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 application.
    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 
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 protesting or intervening; and (4) otherwise 
comply with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, motions to intervene, or protests must set forth their 
evidentiary basis and otherwise comply with the requirements of 18 CFR 
4.34(b). All comments, motions to intervene, or protests should relate 
to project works which are the subject of the license surrender. 
Agencies may obtain copies of the application directly from the 
applicant. A copy of any protest or motion to intervene must be served 
upon each representative of the applicant specified in the particular 
application. 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 application 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.

    Dated: December 11, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31722 Filed 12-16-15; 8:45 am]
BILLING CODE 6717-01-P