Daily Rules, Proposed Rules, and Notices of the Federal Government
Take notice that the following hydroelectric proceeding has been initiated by the Commission:
i. Deadline for filing comments, protests, and motions to intervene is 30 days from the issuance date of this notice. All documents 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
Standard Article 2 of this exemption requires compliance with the mandatory terms and conditions prepared by federal or state fish and wildlife agencies to protect fish and wildlife resources. The exemption contains, among others, the following terms and conditions: (1) An instantaneous minimum flow release of 55 cubic feet per second (cfs) or inflow, whichever is less, into the bypassed reach of the Missisquoi River with at least 21 cfs spilling over the crest of the dam, (2) a plan for monitoring flow releases and providing records of discharges on a regular basis, and (3) downstream fish passage at the project. To date, the exemptee has not complied with these requirements and the project remains inoperative.
Commission staff has sent the exemptee letters stating that failure to operate the project is a violation of the terms and conditions of the exemption. On October 5, 2009, the exemptee filed a letter providing an outline of the remainder of the work needed to complete the repair of the project and restore generation and stated that it should be able to complete the work by September 2010. On June 17, 2011, Commission staff again wrote to the exemptee requiring the exemptee, within 30 days, to file a plan and
l. This notice is available for review and reproduction at the Commission in the Public Reference Room, Room 2A, 888 First Street, NE., Washington, DC 20426. The filing may also be viewed on the Commission's Web site at
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, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests 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 protests or motions to intervene must be received on or before the specified deadline date for the particular proceeding.
o. Filing and Service of Responsive Documents--Any filing must (1) Bear in all capital letters the title "Comments", "Protest", or "Motion to Intervene," as applicable; (2) set forth in the heading the project number of the proceeding to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, protests or motions to intervene must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, protests, or motions to intervene should relate to project works which are the subject of the termination of exemption. A copy of any protest or motion to intervene must be served upon each representative of the exemptee specified in item g above. 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 notice 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.
p. Agency Comments--Federal, state, and local agencies are invited to file comments on the described proceeding. If any agency does not file comments within the time specified for filing comments, it will be presumed to have no comments.