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E-M:/ WEPCO Dam on Sturgeon River in UP



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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[Federal Register: December 9, 1999 (Volume 64, Number 236)]
[Notices]
[Page 69016-69018]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de99-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Application and Applicant Prepared Environmental
Assessment Accepted for Filing; Requesting Interventions and Protests;
Establishing Procedural Schedule and Final Amendment Deadline;
Requesting Comments, Final Terms and Conditions, Recommendations and
Prescriptions; Requesting Reply Comments

December 3, 1999.
     Take notice that the following hydroelectric application has been
filed with the Commission. An Applicant-Prepared Environmental
Assessment (APEA) for the Upper Menominee River Basin Projects, which
includes the project below, has been filed with the Commission. Both
documents are available for public inspection.
     a. Type of Application: Surrender of License.
     b. Project No.: 2471-005.
     c. Date filed: October 1, 1999.
     d. Applicant: Wisconsin Electric Power Company (Wisconsin
Electric).
     e. Name of Project: Sturgeon.
     f. Location: The project is located on the Sturgeon River, a
tributary of the Menominee River, in Dickinson County, Michigan. The
project does not utilize Federal or tribal lands.
     g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
     h. Applicant Contacts: Ms. Rita L. Hayen, P.E., Project Manager,
Hydro Licensing, Wisconsin Electric Power Company, 231 West Michigan
Street, P.O. Box 2046, Milwaukee, WI 53201-2046, (414) 221-2413,
rita.hayen@wepco. com or David K. Porter, Senior Vice President,
Wisconsin Electric Power Company, 231 West Michigan Street, P.O. Box
2046, Milwaukee, WI 53201-2046, (414) 221-2500.
     i. FERC Contact: Any questions on this notice should be addressed
to Tom Papsidero at (202) 219-2715, or e-mail address: Thomas.
Papsidero@ferc.fed.us.
     j. Deadline for filing motions to intervene, protests, comments,
final terms and conditions, recommendations, and prescriptions: 60 days
from the issuance date of this notice.
     All documents (original and eight copies) should be filed with:
David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888
First St. NE, Washington, DC 20426. Please include the project number
(2471-005) on any filings.

[[Page 69017]]

     The Commission's Rules of Practice and Procedure require all
interveners 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, the
intervenor must also serve a copy of the document on that resource
agency.
     k. Status of Environmental Analysis: On March 25, 1996, the
Director, Office of Hydropower Licensing, approved Wisconsin Electric's
use of the Alternative Licensing Process. Scoping, pursuant to the
National Environmental Policy Act of 1969 as amended, for the project
was conducted through scoping documents issued in July 1996 and January
1997, and in public scoping meetings on September 16 and 17, 1996. The
draft license application and APEA were distributed by the applicant
for comment on October 20, 1998.
     The Commission staff has reviewed the license application and APEA
and has determined that the application is acceptable for processing
and no additional information or studies are needed to prepare the
Commission's environmental assessment. Comments as indicated above, are
being requested from interested parties. The applicant will have 45
days following the end of this period to respond to those comments, or
may elect to seek a waiver of this deadline.
     l. Description of Project: The project consists of the following:
(1) a 217-foot-long, 53-foot-high concrete arch dam, a 14-foot-wide pen
stock intake, and a 7.5 -foot-wide trash gate; (2) a reservoir of 248
acres; (3) a 240-foot-long, 7-foot-diameter tunnel which connects to a
48-foot-long, 7-foot-diameter penstock; (4) a 34-foot long by 21-foot-
wide power house with an installed capacity of 800kW; (5) a
transmission line connection; and (6) appurtenant facilities.
     m. Description of Action: Wisconsin Electric requests to surrender
the license for this constructed project for economic reasons and as an
enhancement of river resources, as part of a negotiated settlement
concerning resource management and power generation issues in the Upper
Menominee River Basin. The licensee is also requesting an order
directing the removal of the Sturgeon Project within seven years.
     n. 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, N.E., Room 2A, Washington,
DC 20426, or by calling (202) 208-1371. The application may be viewed
on the web at www.ferc.fed.us. Call (202) 208-2222 for assistance. A
copy is also available for inspection and reproduction at the address
in item h above.
     o. Protests or Motions to Intervene--Anyone may submit a protest or
a motion to intervene in accordance with the requirements of the Rules
of Practice and Procedures, 18 CFR 385.210, 385.211, 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
application and APEA.
     p. Filing and Service of Responsive Documents--The Commission is
requesting comments, recommendations, terms and conditions,
prescriptions, and reply comments.
     The Commission directs, pursuant to 18 CFR 4.34(b) of the
regulations, that all comments, recommendations, terms and conditions,
and prescriptions concerning the application and APEA be filed with the
Commission within 60 days from the issuance date of this notice. All
reply comments must be filed with the Commission within 105 days from
the date of this notice.
     Anyone may obtain an extension of time for these deadlines from the
Commission only upon a showing of good cause or extraordinary
circumstances in accordance with 18 CFR 385.2008.
     q. All filings must: (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,''
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' ``PRESCRIPTIONS,'' or
``REPLY COMMENTS;'' (2) set forth in the heading the name of the
applicant and the project number of the application and APEA to which
the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application and APEA directly from the applicant. Any of these
documents must be filed by providing the original and the number of
copies required by the Commission's regulations to: Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE, Washington, DC
20426. An additional copy must be sent to: Director, Division of
Licensing and Compliance, Office of Hydropower Licensing, Federal
Energy Regulatory Commission, at the above address. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b) and 385.2010.
     r. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
     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, 385.214. 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.
     Filing and Service of Responsive Documents--Any filings must bear
in all capital letters the title ``COMMENTS'', RECOMMENDATIONS FOR
TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. 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. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
     Agency Comments--Federal, state and local agencies are invited to
file comments on the described application. A copy of the application
may be obtained by agencies directly from the Applicant. If an agency
does not file comments within the time specified for filing comments,
it will be presumed to have no comments. One copy of an

[[Page 69018]]

agency's comments must also be sent to the Applicant's representatives.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-31838 Filed 12-8-99; 8:45 am]
BILLING CODE 6717-01-M

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Alex J. Sagady & Associates        Email:  ajs@sagady.com

Environmental Enforcement, Permits/Technical Review, Public Policy and
Communications on Air, Water and Waste Issues
and Community Environmental Protection

PO Box 39  East Lansing, MI  48826-0039
(517) 332-6971 (voice); (517) 332-8987 (fax)
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