Algonquin Power and Utilities Corporation; Notice of Existing Licensee's Failure To File Notice of Intent To File a New License Application, Soliciting Pre-Application Documents and Notices of Intent To File a License Application, 3308-3309 [2017-00385]

Download as PDF 3308 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov.or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5:00 p.m. Eastern time on January 19, 2017. Dated: January 5, 2017. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2017–00393 Filed 1–10–17; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Dated: January 5, 2017. Nathaniel J. Davis, Sr., Deputy Secretary. [Docket No. ER17–742–000] sradovich on DSK3GMQ082PROD with NOTICES CP Bloom Wind LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization This is a supplemental notice in the above-referenced proceeding of CP Bloom Wind LLC‘s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant’s request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is January 25, 2017. The Commission encourages electronic submission of protests and VerDate Sep<11>2014 19:05 Jan 10, 2017 interventions in lieu of paper, using the FERC Online links at http:// www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The filings in the above-referenced proceeding are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Jkt 241001 [FR Doc. 2017–00392 Filed 1–10–17; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2368–000] Algonquin Power and Utilities Corporation; Notice of Existing Licensee’s Failure To File Notice of Intent To File a New License Application, Soliciting Pre-Application Documents and Notices of Intent To File a License Application The current license for Algonquin Power and Utilities Corporation’s (Algonquin) Squa Pan Hydroelectric Project No. 2368 was issued on December 4, 1991, for a term of 30 years, ending December 3, 2021.1 The 1.5megawatt (MW) project is located on Squa Pan Stream in Aroostook County, Maine. The project does not occupy federal land. The principal project works consist of: (1) A 35-foot-high, 60-foot-long 1 See Maine Public Service Company, 57 FERC 62,178 (1991). PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 reinforced concrete dam; (2) a 45-foothigh embankment dam, consisting of a 330-foot-long northern section and a 370-foot-long southern section; (3) a 24foot-wide, 13.5-foot-high radial gate; (4) a 5,043-acre reservoir at a normal maximum water surface elevation of 603.2 feet National Geodetic Vertical Datum of 1929; (5) a 26-foot-wide, 67foot-long concrete powerhouse with a single 1.5-MW turbine-generator unit; and (6) a 7.6-mile-long transmission line. The project is subject to section 15 of the Federal Power Act (FPA),2 which states that an existing licensee must ‘‘notify the Commission whether the licensee intends to file an application for a new license or not . . . at least 5 years before the expiration of the license.’’ 3 Section 5.5(d) of the Commission’s regulations provides that an existing licensee must file its notice of intent (NOI) no later than five years before the existing license’s expiration and section 5.6(a) of the Commission’s regulations requires a potential applicant to file a pre-application document (PAD) with its NOI. And, while the integrated licensing process (ILP) is the default pre-filing process, section 5.3(b) of the Commission’s regulations allows a potential license applicant to request to use alternative licensing procedures when it files its NOI. Pursuant to FPA section 15 and 18 CFR 16.9, any application for a new license for this project must be filed with the Commission at least 24 months prior to the expiration of the existing license. Because the current license expires on December 3, 2021, all applications for license for this project must be filed by December 3, 2019. Because the existing license expires on December 3, 2021, the NOI, PAD, and any request to use alternative licensing procedures were due to be filed no later than the close of business on December 5, 2016.4 No entity filed a timely NOI and PAD. However, Algonquin filed an NOI on December 8, 2016, along with a request for an extension until August 2017 to file the 2 See ordering paragraph (D) of the license. U.S.C. 808(b)(1) (2012). 4 The Commission’s Rules of Practice and Procedure provide that, if a filing deadline falls on a Saturday, Sunday, holiday, or other day when the Commission is closed for business, the filing deadline ‘‘does not end until the close of . . . business on the next business day. . . .’’ 18 CFR 385.2007(a)(2) (2016). The filing deadline was December 3, 2016, which fell on a Saturday. Thus, the filing deadline was the close of business on Monday, December 5, 2016. 3 16 E:\FR\FM\11JAN1.SGM 11JAN1 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices PAD and any request to use alternative licensing procedures.5 Pursuant to 18 CFR 16.23(a), an existing licensee subject to section 15 of the FPA that fails to file a an NOI at least 5 years before the existing license expires shall be deemed to have filed a notice indicating that it does not intend to file an application for new license. Additionally, pursuant to 18 CFR 16.24(a), an existing licensee that informs the Commission that it does not intend to file an application, may not file an application for a new license for the project, either individually or in conjunction with an entity or entities that are not currently licensees of the project. The Commission is not taking action on Algonquin’s late-filed NOI at this time; 6 however, Algonquin’s request to delay filing the PAD or any request to use an alternative licensing process until August, 2017 is denied because the requested delay would unreasonably shorten the time available for preparation of a license application and/ or conducting necessary studies. Instead, this notice sets a deadline of 120 days from the date of this notice for Algonquin and competing applicants to file NOIs, PADs, and requests to use an alternative licensing process. To the extent that Algonquin or any competing applicant elects or is required to use the Commission’s ILP, a process plan will be issued within 180 days of this notice that accelerates the steps of the ILP to allow for filing a new license application by the December 3, 2019, deadline. Questions concerning this notice should be directed to John Baummer at (202) 502–6837 or John.Baummer@ ferc.gov. Dated: January 5, 2017. Kimberly D. Bose, Secretary. [FR Doc. 2017–00385 Filed 1–10–17; 8:45 am] sradovich on DSK3GMQ082PROD with NOTICES BILLING CODE 6717–01–P 5 Algonquin’s December 8, 2016, filing indicates it is working to finalize the sale of the project to another entity by the end of the first quarter of 2017 and the additional time would ‘‘allow’’ the potential purchaser time to prepare a PAD and select a licensing process. We note however that any transfer of ownership would require Commission approval. See FPA Section 8, 16 U.S.C. 801 (2012) and 18 CFR part 9 (2016). 6 Algonquin indicates that its NOI was late due to ‘‘administrative oversight.’’ However, Commission staff sent letters reminding Algonquin of the NOI deadline on April 1, 2015, and February 10, 2016. In addition, Commission staff contacted Algonquin via email on August 16, 2016 and September 27, 2016 and via phone on March 15, 2016 and December 5, 2016, to remind it of the NOI deadline. Algonquin suggests that due to a ‘‘telecommunications failure,’’ it did not receive these messages. VerDate Sep<11>2014 19:05 Jan 10, 2017 Jkt 241001 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17–26–000] Pomelo Connector, LLC; Notice of Application Take notice that on December 22, 2016, Pomelo Connector, LLC (Pomelo), 1331 Lamar Street, Suite 1675, Houston, Texas 77010, filed in Docket No. CP17– 26–000 an application pursuant to sections 7(b) and 7(c) of the Natural Gas Act (NGA), as amended, for authorization to: (i) Construct, own, operate, and maintain an approximately 14-mile 30-inch-diameter pipeline in Nueces County, Texas; (ii) construct a 9,000 horsepower compressor station; and (iii) abandon by lease the entire 400,000 dekatherms per day of capacity to Texas Eastern Transmission, LP. Pomelo further requests a Part 157, Subpart F blanket certificate, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s Web site web at http://www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at FERCOnlineSupport@ferc.gov or call toll-free, (886) 208–3676 or TYY, (202) 502–8659. Any questions concerning this application may be directed to Mark Fuqua, Senior Vice President, Pomelo Connector, LLC, 1331 Lamar Street, Suite 1675, Houston, Texas 77010, by telephone at (713) 308–8117. Pursuant to section 157.9 of the Commission’s rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission’s public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff’s issuance of the EA for this proposal. The filing of the EA in the Commission’s public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 3309 the date of issuance of the Commission staff’s EA. There are two ways to become involved in the Commission’s review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission’s Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit seven copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission’s rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission’s environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission’s environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission’s final order. E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3308-3309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00385]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2368-000]


Algonquin Power and Utilities Corporation; Notice of Existing 
Licensee's Failure To File Notice of Intent To File a New License 
Application, Soliciting Pre-Application Documents and Notices of Intent 
To File a License Application

    The current license for Algonquin Power and Utilities Corporation's 
(Algonquin) Squa Pan Hydroelectric Project No. 2368 was issued on 
December 4, 1991, for a term of 30 years, ending December 3, 2021.\1\ 
The 1.5-megawatt (MW) project is located on Squa Pan Stream in 
Aroostook County, Maine. The project does not occupy federal land.
---------------------------------------------------------------------------

    \1\ See Maine Public Service Company, 57 FERC 62,178 (1991).
---------------------------------------------------------------------------

    The principal project works consist of: (1) A 35-foot-high, 60-
foot-long reinforced concrete dam; (2) a 45-foot-high embankment dam, 
consisting of a 330-foot-long northern section and a 370-foot-long 
southern section; (3) a 24-foot-wide, 13.5-foot-high radial gate; (4) a 
5,043-acre reservoir at a normal maximum water surface elevation of 
603.2 feet National Geodetic Vertical Datum of 1929; (5) a 26-foot-
wide, 67-foot-long concrete powerhouse with a single 1.5-MW turbine-
generator unit; and (6) a 7.6-mile-long transmission line.
    The project is subject to section 15 of the Federal Power Act 
(FPA),\2\ which states that an existing licensee must ``notify the 
Commission whether the licensee intends to file an application for a 
new license or not . . . at least 5 years before the expiration of the 
license.'' \3\ Section 5.5(d) of the Commission's regulations provides 
that an existing licensee must file its notice of intent (NOI) no later 
than five years before the existing license's expiration and section 
5.6(a) of the Commission's regulations requires a potential applicant 
to file a pre-application document (PAD) with its NOI. And, while the 
integrated licensing process (ILP) is the default pre-filing process, 
section 5.3(b) of the Commission's regulations allows a potential 
license applicant to request to use alternative licensing procedures 
when it files its NOI.
---------------------------------------------------------------------------

    \2\ See ordering paragraph (D) of the license.
    \3\ 16 U.S.C. 808(b)(1) (2012).
---------------------------------------------------------------------------

    Pursuant to FPA section 15 and 18 CFR 16.9, any application for a 
new license for this project must be filed with the Commission at least 
24 months prior to the expiration of the existing license. Because the 
current license expires on December 3, 2021, all applications for 
license for this project must be filed by December 3, 2019.
    Because the existing license expires on December 3, 2021, the NOI, 
PAD, and any request to use alternative licensing procedures were due 
to be filed no later than the close of business on December 5, 2016.\4\ 
No entity filed a timely NOI and PAD. However, Algonquin filed an NOI 
on December 8, 2016, along with a request for an extension until August 
2017 to file the

[[Page 3309]]

PAD and any request to use alternative licensing procedures.\5\
---------------------------------------------------------------------------

    \4\ The Commission's Rules of Practice and Procedure provide 
that, if a filing deadline falls on a Saturday, Sunday, holiday, or 
other day when the Commission is closed for business, the filing 
deadline ``does not end until the close of . . . business on the 
next business day. . . .'' 18 CFR 385.2007(a)(2) (2016). The filing 
deadline was December 3, 2016, which fell on a Saturday. Thus, the 
filing deadline was the close of business on Monday, December 5, 
2016.
    \5\ Algonquin's December 8, 2016, filing indicates it is working 
to finalize the sale of the project to another entity by the end of 
the first quarter of 2017 and the additional time would ``allow'' 
the potential purchaser time to prepare a PAD and select a licensing 
process. We note however that any transfer of ownership would 
require Commission approval. See FPA Section 8, 16 U.S.C. 801 (2012) 
and 18 CFR part 9 (2016).
---------------------------------------------------------------------------

    Pursuant to 18 CFR 16.23(a), an existing licensee subject to 
section 15 of the FPA that fails to file a an NOI at least 5 years 
before the existing license expires shall be deemed to have filed a 
notice indicating that it does not intend to file an application for 
new license. Additionally, pursuant to 18 CFR 16.24(a), an existing 
licensee that informs the Commission that it does not intend to file an 
application, may not file an application for a new license for the 
project, either individually or in conjunction with an entity or 
entities that are not currently licensees of the project.
    The Commission is not taking action on Algonquin's late-filed NOI 
at this time; \6\ however, Algonquin's request to delay filing the PAD 
or any request to use an alternative licensing process until August, 
2017 is denied because the requested delay would unreasonably shorten 
the time available for preparation of a license application and/or 
conducting necessary studies. Instead, this notice sets a deadline of 
120 days from the date of this notice for Algonquin and competing 
applicants to file NOIs, PADs, and requests to use an alternative 
licensing process.
---------------------------------------------------------------------------

    \6\ Algonquin indicates that its NOI was late due to 
``administrative oversight.'' However, Commission staff sent letters 
reminding Algonquin of the NOI deadline on April 1, 2015, and 
February 10, 2016. In addition, Commission staff contacted Algonquin 
via email on August 16, 2016 and September 27, 2016 and via phone on 
March 15, 2016 and December 5, 2016, to remind it of the NOI 
deadline. Algonquin suggests that due to a ``telecommunications 
failure,'' it did not receive these messages.
---------------------------------------------------------------------------

    To the extent that Algonquin or any competing applicant elects or 
is required to use the Commission's ILP, a process plan will be issued 
within 180 days of this notice that accelerates the steps of the ILP to 
allow for filing a new license application by the December 3, 2019, 
deadline.
    Questions concerning this notice should be directed to John Baummer 
at (202) 502-6837 or John.Baummer@ferc.gov.

    Dated: January 5, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-00385 Filed 1-10-17; 8:45 am]
 BILLING CODE 6717-01-P