Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448 Page: 18,371
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Federal Register/Vol. 74, No. 76/Wednesday, April 22, 2009/Notices
Commission's regulations, 18 CFR
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
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
Comment Date: 5 p.m. Eastern Time
on April 30, 2009.
Kimberly D. Bose,
[FR Doc. E9-9171 Filed 4-21-09; 8:45 am]
BILLING CODE 6717-01-P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
[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
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,
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,
i. Deadline for filing comments,
protests, and motions to intervene: June
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 "e-
Filing" 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 turbine-
generating units; and a .25-mile-long,
12.47-kilovolt transmission line, and
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
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,
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
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448, periodical, April 22, 2009; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc132938/m1/93/: accessed April 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.