Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 45623 

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index.html. 

Dated: August 31, 2009. 

Cornelia Orr, 

Executive Director, National Assessment 

Governing Board, U.S. Department of 

Education. 

[FR Doc. E9–21305 Filed 9–2–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project Nos. 3041–004; 13382–000] 

Mackay Bar Corporation; Notice of 

Application Accepted for Filing, 

Soliciting Motions To Intervene and 

Protests, Ready for Environmental 

Analysis, and Soliciting Comments, 

Recommendations, and Terms and 

Conditions 

August 27, 2009. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Type of Application: Surrender of 

License and Conduit Exemption. 

b. Project Nos.: 3041–004 & 13382– 

000. 

c. Date Filed: April 28, 2008. 

d. Applicant: Mackay Bar 

Corporation. 

e. Name of Project: Hettinger 

Hydroelectric Project. 

f. Location: On an irrigation system at 

Hettinger Ranch, on Smith Creek. in 

Idaho County, Idaho. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791a–825r. 

h. Applicant Contact: Ms. Yvonne 

Goundry, General Manager, Mackay Bar 

Corporation, P.O. Box 7968, Boise, 

Idaho 83707, phone (208) 336–0150. 

i. FERC Contact: Robert Bell, (202) 

502–6062. 

j. Status of Environmental Analysis: 

The surrender request in the application 

is ready for environmental analysis at 

this time. The Commission is requesting 

comments, reply comments, and 

recommendations for both the 

Surrender request and the Conduit 

Exemption requests. The Commission is 

also requesting terms and conditions for 

the Conduit Exemption request. 

k. Deadline for filing responsive 

documents: The Commission directs, 

pursuant to section 4.34(b) of the 

Regulations (see Order No. 533, issued 

May 8, 1991, 56 FR 23108, May 20, 

1991) that all comments, motions to 

intervene, protests, recommendations, 

terms and conditions, and prescriptions 

concerning the application be filed 

within 60 days from the issuance date 

of this notice. All reply comments are 

due 105 days from the issuance date of 

this notice. All documents (original and 

eight copies) should be filed with: 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. Please include 

the project numbers (P–3041–004 & 

13382–000) on any comments 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 whose name appears on 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. A copy of any 

motion to intervene must also be served 

upon each representative of the 

applicant specified in a particular 

application. 

l. Description of Request: We consider 

the application filed on April 28, 2008, 

as consisting of two requests: A 

surrender of license application under 

P–3041 and a conduit exemption 

application under P–13382. 

a. Surrender of license: The applicant 

proposes to surrender the license for the 

Hettinger Hydroelectric Project No. 

3041. The applicant proposes to 

decommission and remove the 

following project facilities: Powerhouse, 

disconnect penstock, disconnect 

exhaust pipe, and intake. The project’s 

powerhouse will be relocated and used 

for the conduit exemption project 

described in section (b) below. The 

applicant proposes to restore the site 

following removal of the facilities. 

b. Conduit Exemption: The applicant 

proposes a conduit exemption for the 

Hettinger Hydroelectric Project No. 

13382–000. The proposed project would 

be located on its irrigation system in 

Idaho County, Idaho, and would consist 

of: A new intake structure, a penstock, 

a powerhouse containing one generating 

unit having an installed capacity of 17.9 

kilowatts, and appurtenant facilities. 

The applicant consulted with Federal, 

State, local agencies, and other parties 

with potential interest, during the 

conduit exemption application process. 

The Idaho Department of Fish and Game 

has already provided its terms and 

conditions on May 27, 2008, however, 

they were filed under Project No. 3041. 

On October 30, 2008, we issued a public 

notice of the Conduit Exemption 

application soliciting comments, 

motions to intervene and competing 

applications. In this notice we are only 

soliciting ‘‘Terms and Conditions’’. 

m. Locations of the Application: A 

copy of the application is available for 

inspection and reproduction at the 

Commission’s Public Reference Room, 

located at 888 First Street, NE., Room 

2A, Washington, DC 20426, or by calling 

(202) 502–8371. This filing may also 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. 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 1–866–208–3676 or 

e-mail FERCOnlineSupport@ferc.gov, 

for TTY, call (202) 502–8659. A copy is 

also available for inspection and 

reproduction at the address in item (h) 

above. 

n. Mailing list: Individuals desiring to 

be included on the Commission’s 

mailing list should so indicate by 

writing to the Secretary of the 

Commission. 

o. 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 (see item (j) above). 

p. Filing and Service of Responsive 

Documents: All filings must: (1) For the 

Surrender of License Request: Bear in all 


pwalker on DSK8KYBLC1PROD with NOTICES
45624 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 

capital letters the title ‘‘PROTEST’’, 

‘‘MOTION TO INTERVENE’’, 

‘‘COMMENTS,’’ ‘‘REPLY COMMENTS,’’ 

‘‘RECOMMENDATIONS,’’ or in the case 

of the Conduit Exemption request 

‘‘TERMS AND CONDITIONS’’; (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. 

q. e-Filing: Comments, motions to 

intervene, protests, recommendations, 

or terms and conditions 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 at http:// 

www.ferc.gov under the ‘‘e Filing’’ link. 

The Commission strongly encourages 

electronic filings. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–21238 Filed 9–2–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. DI09–12–000] 

Northwestern Wisconsin Electric 

Company; Notice of Petition for 

Declaratory Order and Soliciting 

Comments, Motions To Intervene, and/ 

or Protests 

August 27, 2009. 

Take notice that the following 

application has been filed with the 

Commission and is available for public 

inspection: 

a. Application Type: Petition for 

Declaratory Order. 

b. Docket No: DI09–12–000. 

c. Date Filed: July 27, 2009. 

d. Applicant: Northwestern 

Wisconsin Electric Company. 

e. Name of Project: Clam Falls 

Hydroelectric Project. 

f. Location: The Clam Falls 

Hydroelectric Project is located on the 

Clam River in Clam Falls, Polk County, 

Wisconsin. The project is not located on 

Federal land. 

g. Filed Pursuant to: Section 23(b)(1) 

of the Federal Power Act, 16 U.S.C. 

817(b). 

h. Applicant Contact: Charles Alsberg, 

North American Hydro Holdings, 116 N. 

State Street, P.O. Box 167, Neshkoro, WI 

54960; Telephone: (920) 293–4628, ext. 

14; FAX: (920) 293–8087; E-mail: 

chuck@nahydro.com. 

i. FERC Contact: Any questions on 

this notice should be addressed to 

Henry G. Ecton (202) 502–8768, or Email: henry.ecton@ferc.gov. 

j. Deadline for Filing Comments and/ 

or Motions: September 28, 2009. 

All documents (original and eight 

copies) should be filed with: 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. Any 

questions, please contact the Secretary’s 

Office. See, 18 CFR 385.2001(a)(1)(iii) 

and the instructions on the 

Commission’s Web site at: http:// 

www.ferc.gov. 

Please include the docket number 

(DI09–12–000) on any protests, 

comments or motions filed. 

k. Description of Project: The existing 

run-of-river project consists of: (1) A 

reservoir with a surface area of 127 

acres; (2) an approximately 130-footlong, 36-foot-high concrete spillway and 

forebay; (3) a 41-foot-long, 20-foot-wide 

powerhouse containing two generators 

with a combined capacity of 208 kW; (4) 

a 187-foot-long transmission line; and 

(5) appurtenant facilities. 

When a Petition for Declaratory Order 

is filed with the Federal Energy 

Regulatory Commission, the Federal 

Power Act requires the Commission to 

investigate and determine if the 

interests of interstate or foreign 

commerce would be affected by the 

project. The Commission also 

determines whether or not the project: 

(1) Would be located on a navigable 

waterway; (2) would occupy or affect 

public lands or reservations of the 

United States; (3) would utilize surplus 

water or water power from a 

government dam; or (4) if applicable, 

has involved or would involve any 

construction subsequent to 1935 that 

may have increased or would increase 

the project’s head or generating 

capacity, or have otherwise significantly 

modified the project’s pre-1935 design 

or operation. 

l. Locations of the application: Copies 

of this filing are on file with the 

Commission and are available for public 

inspection. This filing may be viewed 

on the Web 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, please contact 

FERC Online Support at 

FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or TTY, contact 

(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 filings must bear in all 

capital letters the title ‘‘COMMENTS’’, 

‘‘PROTESTS’’, AND/OR ‘‘MOTIONS TO 

INTERVENE’’, as applicable, and the 

Docket Number of the particular 

application to which the filing refers. A 

copy of any motion to intervene must 

also be served upon each representative 

of the applicant specified in the 

particular application. 

p. Agency Comments: Federal, State, 

and local agencies are invited to file 


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