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Notice Announcing Preliminary Permit Drawing

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Start Preamble January 20, 2011.
FFP Missouri 15, LLCProject No. 13762-000
Morgantown Hydro, LLCProject No. 13773-000
Three Rivers Hydro, LLCProject No. 13784-000

On May 18, 2010, at 8:30 a.m., the Commission received three preliminary permit applications for proposed Start Printed Page 4895projects to be located at the Morgantown Lock & Dam located on the Monongahela River in Monongahela County, West Virginia.[1] The applications were filed by FFP Missouri 15, LLC, for Project No. 13762-000, Morgantown Hydro, LLC, for Project No. 13773-000, and Three Rivers Hydro, LLC, for Project No. 13784-000.

Where all permit applicants are municipalities or all permit applicants are non-municipalities, and no applicant's plans are better adapted than the others' to develop, conserve, and utilize in the public interest the water resources of a region, the Commission issues a permit to the applicant who filed first in time.[2] In this case, because three applications from entities not claiming municipal preference are deemed filed at the same time, the Commission will conduct a random tie breaker to determine priority. In the event that the Commission concludes that no applicant's plans are better adapted than the others, priority will be determined accordingly.

On January 27, 2011, at 10 a.m. (Eastern Time), the Secretary of the Commission, or her designee, will, by random drawing, determine the filing priority for the three applicants identified in this notice. The drawing is open to the public and will be held in room 2C, the Commission Meeting Room, located at 888 First St., NE., Washington, DC 20426. The results of the drawing will be recorded by the Secretary or her designee. A subsequent notice will be issued by the Secretary announcing the results of the drawing.

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Kimberly D. Bose,


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1.  The Commission is open each day from 8:30 a.m. to 5 p.m., except Saturdays, Sundays, and holidays. 18 CFR 375.101(c) (2010). The applications were filed between 5 p.m. on Monday May 17, 2010, and 8:30 a.m. on Tuesday May 18, 2010. Under the Commission's Rules of Practice and Procedure, any document received after regular business hours is considered filed at 8:30 a.m. on the next regular business day. 18 CFR 385.2001(a)(2) (2010).

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2.  18 CFR 4.37 (2010). See, e.g., BPUS Generation Development, LLC, 126 FERC ¶ 61,132 (2009).

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[FR Doc. 2011-1721 Filed 1-26-11; 8:45 am]