8330 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 3156–029] 

Miller and Miller; Notice of Termination 

of License by Implied Surrender and 

Soliciting Comments, Protests, and 

Motions To Intervene 

February 17, 2010. 

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.: 3156–029. 

c. Date Initiated: February 3, 2010. 

d. Licensee: The licensee is Miller and 

Miller. 

e. Name and Location of Project: The 

constructed 280-kilowatt Worthville 

Dam Project is located on the Deep 

River in Randolph County, North 

Carolina. 

f. Filed Pursuant to: 18 CFR 6.4. 

g. Licensee Contact Information: Mr. 

Ernest Miller, Miller and Miller, 122 

East Lindsay St., P.O. Box 20561, 

Greensboro, NC 27401, Mr. Ernest W. 

Miller, 6001 Pelican Bay Blvd, Naples, 

FL 34108–8166, Mr. H. Bruce Cox, Cox 

Hydroelectric, 5666 Hinshaw Town 

Road, Ramseur, NC 27316, and Mr. 

Mark K. Seifert, 107 Saint Brides Court, 

Cary, North Carolina 27518. 

h. FERC Contact: Robert Bell, (202) 

502–6062. 

i. Deadline for Filing Comments, 

Protests, and Motions To Intervene: 

March 19, 2010. 

All documents (original and eight 

copies) should be filed with the, 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. Comments, 

protests and interventions may be filed 

electronically via the Internet in lieu of 

paper; see 18 CFR 385.2001(a)(1)(iii) 

and the instructions on the 

Commission’s Web site under the ‘‘eFiling’’ link. The Commission strongly 

encourages electronic filings. Please 

include the project number (P–3156– 

029) on any documents or motions filed. 

The Commission’s Rules of Practice 

and Procedure require all intervenors 

filing documents with the Commission 

to serve a copy of that document on 

each person in the official service list 

for the project. Further, if an intervenor 

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. 

j. Description of Existing Facilities: 

The constructed project consists of the 

following existing facilities: (1) An 

existing dam 230 feet long and 20 feet 

high, (2) an existing reservoir with a 

surface area of 305 acres and a storage 

capacity of 105 acre-feet, (3) a proposed 

280 kW generator and turbine 

installation, and appurtenant facilities. 

The Worthville Dam Project would be 

operated as a run-of-the-river facility 

with an average annual generation of 

0.84 GWh. Power generated at the 

project would be sold to Carolina Power 

and Light Company via a transmission 

line less than 200 yards long. 

k. Description of Proceeding: 18 CFR 

6.4 of the Commission’s regulations 

provides, among other things, that it is 

deemed to be the intent of a licensee to 

surrender a license, if the licensee 

abandons a project for a period of three 

years. 

A license for the Worthville Project 

was issued by Order Issuing License on 

October 28, 1982 (21 FERC ¶ 62,112) 

and was transfered to Miller and Miller 

on June 25, 1986. The project has been 

non-operational since May 1995. The 

Commission has requested that the 

license file the detailed plan and 

schedule to put the project back into 

operation numerous times. These 

requests have been made by letters 

dated September 29, 1999, September 

28, 2001, August 29, 2003, November 

20, 2003, January 26, 2006, September 

18, 2008, and most recently December 

16, 2009. No plan and schedule have 

been filed. 

On January 15, 2010, the licensee 

requested a 90 day extension of time to 

provide the requested information. This 

request was denied on February 4, 2010, 

stating that the Commission proposes to 

terminate the license by implied 

surrender 

To date, the licensee has not made the 

necessary repairs to resume operations 

at the project and the project is hereby 

considered abandoned. 

l. Location of the Order: A copy of the 

order is available for inspection and 

reproduction at the Commission in the 

Public Reference Room or may be 

viewed on the Commission’s Web site at 

http://www.ferc.gov using the ‘‘eLibrary’’ 

link. Enter the docket number excluding 

the last three digits in the docket 

number field to access the document. 

For assistance, call toll-free 1–866–208– 

3676 or e-mail 

FERCOnlineSupport@ferc.gov. 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 proceeding. 

Comments, protests and interventions 

may be filed electronically via the 

Internet in lieu of paper; See 18 CFR 

385.2001(a)(1)(iii) and the instructions 

on the Commission’s Web site under ‘‘efiling’’ link. The Commission strongly 

encourages electronic filing. 

o. Filing and Service of Responsive 

Documents—Any filings must bear in 

all capital letters the title 

‘‘COMMENTS’’, ‘‘PROTEST’’, or 

‘‘MOTION TO INTERVENE’’, and 

‘‘RECOMMENDATIONS FOR TERMS 

AND CONDITIONS’’, as applicable, and 

the Project Number of the proceeding. 

Any of the above-named documents 

must be filed by providing the original 

and the number of copies provided by 

the Commission’s regulations to: The 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. An additional 

copy must be sent to Director, Division 

of Hydropower Administration and 

Compliance, Federal Energy Regulatory 

Commission, at the above-mentioned 

address. 

p. Agency Comments—Federal, state, 

and local agencies are invited to file 

comments on the described proceeding. 

If an agency does not file comments 

within the time specified for filing 

comments, it will be presumed to have 

no comments. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–3625 Filed 2–23–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2003–0004; FRL–8812–4] 

Access to Confidential Business 

Information by Eastern Research 

Group 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 


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