18370 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 

1Although the typical comment period for an EA 

is 30 days, the comment period in this instance is 

45 days to allow the U.S. Fish and Wildlife Service 

and others to respond to Commission staff’s 

preliminary section 10(j) determination, as 

discussed in section 5.4.1 of the EA. 

Any comments should be filed within 

45 days 1 from the date of this notice 

and should be addressed to: Kimberly D. 

Bose, Secretary, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

Please affix Project No. 12429–001 to all 

comments. Comments may be filed 

electronically via the Internet in lieu of 

paper. The Commission strongly 

encourages electronic filings. See 18 

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

instructions on the Commission’s Web 

site (http://www.ferc.gov) under the ‘‘eFiling’’ link. For a simpler method of 

submitting text-only comments, click on 

‘‘Quick Comment.’’ 

For further information, contact 

Dianne Rodman by telephone at 202– 

502–6077 or by e-mail at 

dianne.rodman@ferc.gov. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9172 Filed 4–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. CP09–110–000;CP07–4–002] 

Mississippi Hub, LLC; Notice of Filing 

April 15, 2009. 

On April 7, 2009, Mississippi Hub, 

LLC (MS Hub), pursuant to section 7(c) 

of the Natural Gas Act (NGA), for 

authorization to expand the MS HUB 

Gas Storage Project (Expansion) 

previously certificated in CP07–4–000, 

et al. on February 15, 2007, as amended, 

in Covington, Jefferson Davis, and 

Simpson Counties, Mississippi. MS Hub 

proposes to increase the total capacity of 

each of its two authorized caverns by 

2.38 Billion cubic feet (Bcf) (1.5 Bcf 

working gas and 0.88 Bcf cushion gas); 

increase the maximum injection and 

withdrawal rate of the storage facility; 

add four 7,700 horsepower (hp) 

compressor units in lieu of three 5,000 

hp compressor units previously 

authorized; and, construct 14.2 miles of 

24-inch diameter pipeline and 22.6 

miles of 30-inch diameter pipeline 

interconnects. MS Hub requests a 

finding that after the Expansion, the 

storage project’s operation will not 

exercise market power so that marketbased rates may continue to be charged 

for these services. 

Questions concerning this application 

may be directed to William Rapp, 

Liberty Gas Storage, 101 Ash Street, San 

Diego, CA 92101, at (619) 699–5050. 

On September 15, 2008, the 

Commission staff granted MS Hub’s 

request to utilize the Pre-filing Process 

and assigned Docket No. PF08–29–000 

to staff activities involving the 

Expansion. Now, as of the filing of this 

application on April 7, 2009, the Prefiling Process for this project has ended. 

From this time forward, these 

proceedings will be conducted in the 

Dockets noted in the caption to this 

Notice. 

Pursuant to section 157.9 of the 

Commission’s rules, 18 CFR 157.9, 

within 90 days of this Notice the 

Commission staff will either: Complete 

its environmental assessment (EA) and 

place it into the Commission’s public 

record (eLibrary) for this proceeding; or 

issue a Notice of Schedule for 

Environmental Review. If a Notice of 

Schedule for Environmental Review is 

issued, it will indicate, among other 

milestones, the anticipated date for the 

Commission staff’s issuance of the final 

environmental impact statement (FEIS) 

or EA for this proposal. The filing of the 

EA in the Commission’s public record 

for this proceeding or the issuance of a 

Notice of Schedule for Environmental 

Review will serve to notify federal and 

state agencies of the timing for the 

completion of all necessary reviews, and 

the subsequent need to complete all 

federal authorizations within 90 days of 

the date of issuance of the Commission 

staff’s FEIS or EA. 

There are two ways to become 

involved in the Commission’s review of 

this project. First, any person wishing to 

obtain legal status by becoming a party 

to the proceedings for this project 

should, on or before the comment date 

stated below, file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

a motion to intervene in accordance 

with the requirements of the 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 or 385.211) 

and the Regulations under the NGA (18 

CFR 157.10). A person obtaining party 

status will be placed on the service list 

maintained by the Secretary of the 

Commission and will receive copies of 

all documents filed by the applicant and 

by all other parties. A party must submit 

14 copies of filings made with the 

Commission and must mail a copy to 

the applicant and to every other party in 

the proceeding. Only parties to the 

proceeding can ask for court review of 

Commission orders in the proceeding. 

However, a person does not have to 

intervene in order to have comments 

considered. The second way to 

participate is by filing with the 

Secretary of the Commission, as soon as 

possible, an original and two copies of 

comments in support of or in opposition 

to this project. The Commission will 

consider these comments in 

determining the appropriate action to be 

taken, but the filing of a comment alone 

will not serve to make the filer a party 

to the proceeding. The Commission’s 

rules require that persons filing 

comments in opposition to the project 

provide copies of their protests only to 

the party or parties directly involved in 

the protest. 

The Commission strongly encourages 

electronic filings of comments, 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 May 14, 2009. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9174 Filed 4–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. EL09–46–000; QF09–321–001] 

East Bay Municipal Utility District; 

Notice of Filing 

April 15, 2009. 

Take notice that on April 3, 2009, East 

Bay Municipal Utility District (EBMUD) 

filed a petition for declaratory order, 

requesting a limited waiver of the filing 

requirement for its qualifying 

congeneration facility, for the period of 

March 17, 2006 to April 3, 2009, 

pursuant to section 292.203(b)(2) of the 


dwashington3 on PROD1PC60 with NOTICES
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