81 FR 49647 - Brentwood Dam Ventures, LLC; Notice of Proposed Termination of Exemption by Implied Surrender and Soliciting Comments, Protests and Motions To Intervene

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 81, Issue 145 (July 28, 2016)

[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49647-49648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17860]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4254-011]


Brentwood Dam Ventures, LLC; Notice of Proposed 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: Proposed Termination of Exemption by Implied 
Surrender.
    b. Project No.: 4254-011.
    c. Date Initiated: July 20, 2016.
    d. Exemptee: Brentwood Dam Ventures, LLC.
    e. Name and Location of Project: Exeter River Hydro #1 Project 
located on the Exeter River, in Rockingham County, New Hampshire.
    f. Filed Pursuant to: 18 CFR 4.106.
    g. Exemptee Contact Information: Mr. Naoto Inoue, 25 Limerick Road, 
Arundel, Maine 04046, Phone: (207) 985-0088.
    h. FERC Contact: Mr. Ashish Desai, (202) 502-8370, 
[email protected].
    i. Deadline for filing comments, protests, and motions to intervene 
is 30 days from the issuance date of this notice by the Commission. The 
Commission strongly encourages electronic filing. Please file comments, 
protests, and motions to intervene 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-4254-011.
    j. Description of Project Facilities: (1) An 110-foot-long, 15-
foot-high concrete dam; (2) a 24-acre reservoir; (3) an intake 
structure; (4) turbine-generator units with an installed capacity of 72 
kilowatts; and (5) appurtenant facilities.
    k. Description of Proceeding: The exemptee is in violation of 
Standard Article 1 of the exemption, issued on December 1, 1981 (17 
FERC ] 62,321), and the Commission's regulations at 18 CFR 4.106. 
Article 1 provides, among other things, that the Commission reserves 
the right to revoke an exemption if any term or condition of the 
exemption is violated.
    The exemptee's failure to operate and maintain the project as 
authorized by its exemption is a violation of Standard Article 1. 
Commission records indicate that the project has not been operated 
since 1998. The current exemptee acquired the project in February 2009 
and has been unable to restore project operation. On December 19, 2013, 
the exemptee filed a plan and schedule to restore project operation, 
which Commission staff approved with the requirement that the exemptee 
file quarterly progress reports starting October 1, 2014. The exemptee 
did not file the first progress report. By letter on December 19, 2014, 
Commission staff requested that the exemptee file the overdue progress 
report. In response, on January 9, 2015, the exemptee filed a

[[Page 49648]]

request for an extension of time stating it was unable to move forward 
with the approved plan and schedule and needed more time to reevaluate 
and formulate a plan of action. By telephone on March 12, 2015, 
Commission staff contacted the exemptee to inquire about the non-
operational status of the project. In response, the exemptee reiterated 
its need for additional time and stated it was looking for a buyer for 
the project. By letter on April 15, 2016, Commission staff again 
requested that the exemptee file a plan and schedule to restore project 
operation. In addition, Commission staff informed the exemptee that it 
was non-compliant with the exemption and that failure to maintain and 
operate the project as authorized would result in termination of the 
exemption by the Commission. On April 27, 2016, the exemptee filed a 
response stating the project was still for sale, but did not file a 
plan and schedule or any other information regarding its efforts to 
restore project operation.
    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 notice and other project records may also be 
viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the Docket number (P-4254-011) 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 (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, 
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 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, protests, or motions to intervene should relate 
to project works which are the subject of the implied surrender. 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: July 20, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-17860 Filed 7-27-16; 8:45 am]
 BILLING CODE 6717-01-P