Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 18371 

Commission’s regulations, 18 CFR 

292.203(b)(2). 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211, 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed on or before the 

comment date. On or before the 

comment date, it is not necessary to 

serve motions to intervene or protests 

on persons other than the Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5 p.m. Eastern Time 

on April 30, 2009. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9171 Filed 4–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 7269–026] 

James B. Boyd and Janet A. Boyd; 

Notice of Termination of License by 

Implied Surrender and Soliciting 

Comments, Protests, and Motions To 

Intervene 

April 15, 2009. 

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.: 7269–026. 

c. Date Initiated: March 13, 2009. 

d. Licensee: The licensee is James B. 

Boyd and Janet A. Boyd. 

e. Name and Location of Project: The 

Jim Boyd Project is located on the 

Umatilla River, in Umatilla County, 

Oregon. 

f. Filed Pursuant to: 18 CFR 6.4. 

g. Licensee Contact Information: Janet 

A Boyd, (Dennis B. Logan), 7661 

Paterson Ferry Road, Irrigon, OR 97844. 

h. FERC Contact: William Guey-Lee, 

(202) 502–6064. 

i. Deadline for filing comments, 

protests, and motions to intervene: June 

1, 2009. 

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–7269– 

026) 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 project consists of a 3.5-foot-high 

concrete diversion weir; a canal intake 

structure equipped with trash racks, fish 

screens, and flowbays; a 5,350-foot-long 

power canal; a penstock headworks; 

four 60-inch-diameter, 280-foot-long 

penstocks; a powerhouse containing 

four, 300-kW propeller turbinegenerating units; and a .25-mile-long, 

12.47-kilovolt transmission line, and 

appurtenant facilities. 

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. 

The project was issued a minor 

license in 1984 to Mrs. Boyd and her 

husband, James B. Boyd. The project has 

not operated since June 2002 when its 

power purchase agreement expired. 

Sometime prior to that, Mr. Boyd passed 

away, and Mrs. Boyd sold the project to 

Mr. Logan without prior Commission 

approval. After the project was sold, Mr. 

Logan, who had been a project 

representative on behalf of the licensees, 

became the contact person for 

Commission staff. On December 24, 

2002, Commission staff from the 

Commission’s Portland Regional Office 

(Regional Office) directed Mr. Logan to 

file an application for approval to 

transfer the license from Ms. Boyd to 

him. He failed to do so. 

The Regional Office conducted 

inspections of the project on June 20, 

2003; April 27, 2004; June 22, 2006; and 

August 30, 2006. Compliance issues (in 

addition to power generation shutdown 

and unauthorized transfer of project 

property) were discovered, including 

the failure to control vegetation growth 

(in the April 27, 2004 inspection), 

which was temporarily corrected, and 

the failure to remove concrete panels 

from the dam to expedite fish passage 

during period of power operations 

shutdown, and the failure to correct an 

oil leak from the project’s hydraulic 

hoses (in the June 22 and August 30, 

2006 inspections). 

Following its June 22, 2006 

inspection, on July 7, 2006, the Regional 

Office sent Mr. Logan a follow-up letter, 

noting once again that the project had 

been transferred without Commission 

approval, and had not been operated 

since June 2002. The Regional Office 

also noted that the removal of the dam’s 

concrete panels was needed to expedite 

fish passage; that the inspection and 

repair of the project’s hydraulic hoses, 

supply lines, and connections were 

needed for operation of the project’s 

diversion gates; and that Mr. Logan 

should file proof of the completion of 

these maintenance requirements. 

On August 21, 2006, Mr. Logan 

responded, providing a schedule to put 

the project back into operation by the 

Fall of 2007. On September 21, 2006, 

the Regional Office acknowledged the 

removal of the concrete panels and 

inspection of the hoses and supply line, 

and required Mr. Logan to file monthly 

progress reports on the repairs and 

modifications necessary to bring the 

project back on line by the end of 2007. 

According to Mr. Logan, activities 

required to restart operation include 

installation of a new transmission line, 

purchase of new underground cable, 

certification of the project as green 

power, and repairs to the housing 

facility and turbines. 

The project has not operated since 

2002, when PacifiCorp terminated its 

power sales contract with the licensee. 

The efforts of Mrs. Boyd and Mr. Logan 


dwashington3 on PROD1PC60 with NOTICES
18372 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 

to comply with project maintenance 

requirements have been slow and 

spotty, occurring over extended periods 

and the project is still not operating six 

years after power generation ceased. Mr. 

Logan’s last monthly report of the 

progress of project rehabilitation was 

filed approximately a year and one half 

ago, and the reports that were filed 

mostly were comprised of checklists of 

inspections and little project 

rehabilitation progress. To date, the 

licensee has not made the necessary 

repairs to resume operations at the 

project and the project is hereby 

considered abandoned. On March 13, 

2009, the Commission issued an order 

dismissing application to transfer 

license and initiating implied surrender 

proceeding. 

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. E9–9173 Filed 4–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Notice of Membership of Performance 

Review Board for Senior Executives 

(PRB) 

April 16, 2009. 

The Federal Energy Regulatory 

Commission hereby provides notice of 

the membership of its Performance 

Review Board (PRB) for the 

Commission’s Senior Executive Service 

(SES) members. The function of this 

board is to make recommendations 

relating to the performance of senior 

executives in the Commission. This 

action is undertaken in accordance with 

Title 5, U.S.C., Section 4314(c)(4). The 

Commission’s PRB will add the 

following member: James A. Pederson 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9228 Filed 4–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RM98–1–000] 

Records Governing Off-the-Record 

Communications; Public Notice 

April 15, 2009. 

This constitutes notice, in accordance 

with 18 CFR 385.2201(b), of the receipt 

of prohibited and exempt off-the-record 

communications. 

Order No. 607 (64 FR 51222, 

September 22, 1999) requires 

Commission decisional employees, who 

make or receive a prohibited or exempt 

off-the-record communication relevant 

to the merits of a contested proceeding, 

to deliver to the Secretary of the 

Commission, a copy of the 

communication, if written, or a 

summary of the substance of any oral 

communication. 

Prohibited communications are 

included in a public, non-decisional file 

associated with, but not a part of, the 

decisional record of the proceeding. 

Unless the Commission determines that 

the prohibited communication and any 

responses thereto should become a part 

of the decisional record, the prohibited 

off-the-record communication will not 

be considered by the Commission in 

reaching its decision. Parties to a 

proceeding may seek the opportunity to 

respond to any facts or contentions 

made in a prohibited off-the-record 

communication, and may request that 

the Commission place the prohibited 

communication and responses thereto 

in the decisional record. The 

Commission will grant such a request 

only when it determines that fairness so 

requires. Any person identified below as 

having made a prohibited off-the-record 

communication shall serve the 

document on all parties listed on the 

official service list for the applicable 

proceeding in accordance with Rule 

2010, 18 CFR 385.2010. 

Exempt off-the-record 

communications are included in the 

decisional record of the proceeding, 

unless the communication was with a 

cooperating agency as described by 40 

CFR 1501.6, made under 18 CFR 

385.2201(e)(1)(v). 

The following is a list of off-therecord communications recently 

received by the Secretary of the 

Commission. The communications 

listed are grouped by docket numbers in 

ascending order. These filings are 

available for review 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, please contact 

FERC, Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 


dwashington3 on PROD1PC60 with NOTICES