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E-M:/ WEPCO Lower Paint River Dam License

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

New or existing dam???

Federal Register: December 10, 1999 (Volume 64, Number 237)]
[Page 69258-69259]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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 6, 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: Subsequent License.
     b. Project No.: 2072-008.
     c. Date filed: October 1, 1999.
     d. Applicant: Wisconsin Electric Power Company (WE).
     e. Name of Project: Lower Paint Hydroelectric Project.
     f. Location: The project is located on the Paint River, near
Crystal Falls, in Iron County, Michigan. The project would not utilize
any Federal lands or facilities.
     g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
     h. Applicant Contact: Ms. Rita L. Hayen, P.E., Wisconsin Electric
Power Company, 231 West Michigan Street, P.O. Box 2046, Milwaukee, WI
     i. FERC Contact: Any questions on this notice should be addressed
to Patti Leppert-Slack, E-mail address
patricia.leppertslack@ferc.fed.us, or telephone (202) 219-2767.
     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.
     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 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
     k. Status of Environmental Analysis: On March 25, 1996, the
Director, Office of Hydropower Licensing, approved WE'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 128-foot-long, 6-foot-high left earth embankment; (2) a 101-foot-
long concrete gated spillway with three 27-foot-long by 15-foot-high
Taintor Gates; (3) a 150-foot-long, 25-foot-high uncontrolled concrete
gravity spillway; (4) a 316-foot-long, 17-foot-high right earth
embankment; (5) an impoundment with a 340-acre surface area at normal
full pool elevation 1,285.5 feet National Geodetic Vertical Datum; (6)
a 1.4-mile-long, 89-foot-wide, 1,700 cubic feet per second capacity
diversion canal; (7) a powerhouse containing a single generating unit
rated at 100 kilowatts; and (8) appurtenant facilities.
     The Lower Paint diversion canal diverts water from the Paint River
to the reservoir of WE's Peavy Falls Project, located on the Michigamme
     m. 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, NE, 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.
     n. 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.
     o. 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.
     p. All filings must: (1) bear in all capital letters the title
``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

[[Page 69259]]

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.
David P. Boergers,
[FR Doc. 99-32045 Filed 12-9-99; 8:45 am]

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

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