Text / ORDER REJECTING REQUESTS FOR STAY AND MOTION TO AMEND SURRENDER ORDER

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Title: ORDER REJECTING REQUESTS FOR STAY AND MOTION TO AMEND SURRENDER ORDER
Creator: Nathaniel J. Davis
Date Created and/or Issued: 2008 July 17
Publication Information: FERC
Contributing Institution: UC Riverside, Library, Water Resources Collections and Archives
Collection: Clearinghouse for Dam Removal Information (CDRI)
Rights Information: Copyrighted
Transmission or reproduction of materials protected by copyright beyond that allowed by fair use requires the written permission of the copyright owners. Works not in the public domain cannot be commercially exploited without permission of the copyright owner. Responsibility for any use rests exclusively with the user.
Description: Scope/Content: Abstract: On June 30, 2008, Essex Hydro Associates, LLC (Essex) filed a request to stay the Commission's January 23, 2004 order1 accepting the surrender by FPL Energy Maine Hydro, LLC (FPL Energy) of its license for the Fort Halifax Project No. 2552, along with a motion seeking amendment of the surrender order, with a view to Essex taking over the project. Essex filed a second motion for stay on July 14, 2008. As discussed below, because surrender of the Fort Halifax license and dam removal were approved by the Commission and affirmed by the courts several years ago, because those activities are part of a settlement related to a basin-wide plan for the restoration of anadromous fish that is supported by the licensee, federal and state resource agencies, and nongovernmental agencies, and because Essex provides neither a convincing explanation of why it waited so long to seek to halt the ongoing surrender and dam removal process nor proof that there is any likelihood that it would succeed in taking over the project, we deny Essex's pleadings.
Scope/Content: Author affiliation: FPL Energy Maine Hydro
Type: text
Identifier: ark:/86086/n2445m4q
865
Subject: Ecology and river restoration
Legal and policy
Dams
Dam retirement
Place: Sebasticook River, ME
Fort Halifax Dam

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