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Boyce Property Rights Issue

Latest:

      08.12.2015 Boyce submits a letter and documents to FERC outlining their flowage rights agreement with the Sanford Lake Preservation Association. If accepted by FERC this will allow Boyce to meet the requirements of the FERC license to obtain flowage rights on the bottom lands they once owned and then lost to the County of Midland over a tax dispute. Boyce.Flowage.License.08.14.2015

02.19.2015 – FERC denies a rehearing on several issues with Boyce and Sanford Lake – ORDER DENYING REHEARING AND STAY 02.19.2015
FERC became aware of this and sent Boyce Hydro Power a letter on April 19, 2010. In that letter they outlined to Boyce that their FERC license (Article 5) requires them to retain possession of all properties covered by their license which included the seventeen tax parcels. The letter ordered Boyce Hydro Power to file evidence that it has regained control of those said properties and gave them 1 year from the date of the letter. By April 19, 2011, Boyce will have to provide the evidence of control to FERC. In addition they are to update FERC on a three month interval.

On Aug 2, 2010, FERC sent a follow up letter to Boyce notifying them that they had failed to followed up with FERC within the 3 months as outlined in the April 19 letter and as a result that may subject Boyce to receive enforcement and penalty provisions by FERC if they so choose.

On Aug. 10, 2010, Boyce did respond back to FERC with an update. This letter outlined a July 29th meeting the Midland Count Government and included a request from Boyce to “lease” or be granted an “easement” on the properties now owned by Midland County to bring Boyce back into compliance with their FERC license. FERC responded on Aug. 12, 2010 with a letter outlining what Boyce needs to obtain from Midland County on such “lease” or “easement” rights to insure compliance.

On Nov 15, 2010 Boyce responded with an update on its current discussion with Midland County on the terms and conditions that FERC outlined that are necessary for compliance. At this time no agreement has been reached between Boyce and Midland County with discussions continuing.

FERC has responded to Boyce’s Nov. 15, 2010 letter on Dec. 15, 2010. They state that Boyce’s “responses are not satisfactory” and have asked for Boyce to arrange a meeting with FERC’s Commission Staff.

Boyce responded back to FERC after meeting with them on Jan. 5th, 2011 per the request outlined in the Property.Rights.12.15.2010. Boyce is a requesting a one year extension to the April 19th 2011 date for resolution of the Property Rights Tax Issue. They outline several paths they are pursuing that they say need to be finalized before they can resolve the property issue and secure flow rights per their license for the lake bottoms.

 

Timeline (Most recent first):

10.15.2014 – FERC responds in a lengthy letter to Boyce on the updated Exhibit G drawings as well as compliance issues on a lack of resolution to the bottom lands on Sanford Lake.

10.16.2013 – Boyce Hydro Power LLC requests for recision of Commission’s Order,Order approving updated Exhibit G Drawing.09.05.2013 and an extension of time to re-file new drawings.

 

10.16.2013 – Boyce Hydro Power LLC requests an extension of 60 days to submit the updated Exhibit G3-G10 boundary drawings for the Sanford Project

09.05.2013 – FERC responds to the Exhibt G Drawings.Order approving updated Exhibit G Drawing.09.05.2013
08.30.2013 – Boyce submits to FERC the revised Exhibit G Drawings correcting the deficiencies outlined in the June letter.

06.21.2013 – FERC has sent a letter requesting Boyce Hydropower, LLC to submit Additional Information for the Updated Exhibit G Drawings and to address the deficiencies w/in 30 days.06.21.2013.Additional.Info.Req
06.05.2013 – Boyce submits revised Exhibit G drawings per 05.01.2013 letter. Updated.Project.G.06.05.2013 (Note: large file size)
05.01.2013 – FERC responds to Boyce’s 3.25.2013 letter and Exhibit G drawings that were submitted with some additional requests.
Additional.Information.Exhibit.G.Drawings
03.25.2013 – Boyce’s response to the Jan. 18th letter to correct deficiencies in the Exhibit G drawings.
Cover.Letter.03.2013
Revised Exhibit G drawings.03.2013
01.18.2013 – Letter requesting Boyce Hydropower, LLC to address the deficiencies noted and re-file the revised Exhibit G drawings within 60 days re the Sanford Hydroelectric Project under P-2785. re-file the revised Exhibit G drawings
10.10.2012 – Letter to Boyce Hydropower LLC re the preliminary Exhibit G drawings for the Sanford Hydro Project under P-2785.
FERC Response Exhibit G Drawings
08.22.2012 – Boyce Hydro Power LLC submits the revised Exhibit G Project Boundary drawing re Sanford Project under P-2785.
Revised Exhibit G-3 drawing
07.23.2012 – Boyce Hydro Power LLC submits Exhibit G Project Boundary drawings for the the Sanford Project per the May 23, 2012 letter from FERC.
Exhibit G Project Boundary
05.23.2012 – FERC grants Boyce their extension for Article 5 Compliance until April 19, 2013 per their April 30th letter below. They have attached the original Exhibit G drawings currently in the license. In addition Boyce must file updated Exhibit G drawings within 60 days of the May 23, 2012 letter.
Article 5 compliance.Extension.Granted.5.19.2012
04.30.2012 – Boyce submits their update to FERC that was due April 19. 2012 to resolve the FERC Project Boundary issues regarding the Sanford Project under P-2785. Status Report.4.30.2012

03.08.2012 – Boyce submits a letter addressed to Midland County Counsel in helping to resolve the extensive FERC Project Boundary issues that must be corrected regarding the Sanford Project under P-2785. Boyce.to.FERC.02.28.2012

02.16.2012 – FERC makes a correction on the due date for resolution from the 01.10.2011 letter to Boyce.
Article 5 compliance Sanford Project under P-2785.Updated

01.19.2012 – Boyce’s response back to FERC on the resolution of the property rights with Midland County.

01.10.2012 – FERC reminds Boyce that they are tardy with their quarterly updates on resolution of the property rights with Midland County. Boyce is required to update FERC by January 19, 2012.

07.20.2011 – Boyce updated FERC on the status of the property rights issues with the Midland County Commissioners. Boyce was mandated to update FERC on a quarterly basis.
Boyce Hydro Power elected to voluntarily relinquish ownership of seventeen tax parcels on Sanford Lake which resulted in a tax forfeiture of those properties in April of 2010. The Midland County commissioners voted on April 16, 2010 to take ownership of said properties.

05.10.2011 – County of Midland submits comments to Boyce’s April letter on the status of resolving the property rights issue for Sanford Lake.

05.02.2011 – FERC’s response to Boyce’s April letter on the status of resolving the property rights issue for Sanford Lake.

04.20.2011 – Boyce updated FERC on the status of the property rights issues with the Midland County Commissioners. Boyce offered the following:
“Given the County’s rejection of the purchase offer, it is believed that condemnation proceedings will have to be initiated by Boyce in the next few months in order to secure the property rights required under Article 5 of the license.”

01.31. 2011 FERC issued a Delegate Order pertaining to Boyce’s request for a one year extension. The commission agreed that a one year extension is justifiable. Boyce now has until April 19, 2012 to comply with standard Article 5 as part of their license. They must file quarterly updates to inform the commission on their progress.

Documents (all are from public records):
Boyce.to.FERC.02.28.2012
Article 5 compliance Sanford Project under P-2785.Updated 02.14.2012
Article 5 compliance of the Sanford Project under P-2785 01.10.2012
Status Report Property Interest 07.20.2011
County.of.Midland.Response.5.10.2011
FERC.Responce.Status.Report.Property.Interest.04.20.2011
Status Report Property Interest 04.20.2011
Delegated.Order.Property.Rights.01.31.2011
Property.Rights.01.16.2011
Property.Rights.12.15.2010
Property.Rights.11.15.2010
Property.Rights.08.12.2010
Property.Rights.08.10.2010
Property.Rights.08.02.2010
Midland.County.Minutes.04.20.2010
Property.Rights.04.19.2010
Extension.Exhibit G.Updates.11.04.2013