Justia Regulation Tracker

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[Federal Register: November 5, 2009 (Volume 74, Number 213)]
[Notices]               
[Page 57300]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no09-39]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2407-132]

 
Alabama Power Company; Notice of Application for Amendment of 
License and Soliciting Comments, Motions To Intervene, and Protests

October 29, 2009.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Application Type: Request for Waiver.
    b. Project No.: 2407-132.
    c. Date Filed: October 28, 2009.
    d. Applicant: Alabama Power Company.
    e. Name of Project: The Yates and Thurlow Project.
    f. Location of Project: The Yates and Thurlow Project is located on 
the Tallapoosa River in Tallapoosa and Elmore Counties, Alabama.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Keith Bryant, Alabama Power Company, 600 N. 
18th Street, Birmingham, AL 35203-8180, (205) 257-1403.
    i. FERC Contact: Henry Woo, (202) 502-8872.
    j. Deadline for filing comments, protests, or motions to intervene: 
November 20, 2009.
    All documents (original and eight copies) should be filed with: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426.
    Comments, protests and interventions may be filed electronically 
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and 
the instructions on the Commission's Web site at http://www.ferc.gov 
under the ``e-Filing'' link. The Commission strongly encourages 
electronic filings.
    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 in 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, they must also serve 
a copy of the document on that resource agency. A copy of any motion to 
intervene must also be served upon each representative of the Applicant 
specified in the particular application.
    k. Background and Description of Request: The Alabama Power Company 
(APC) is requesting a temporary variance of the reservoir drawdown 
limits of the Yates and Thurlow Project license. Article 402 of the 
license requires that the licensee operate the project so that maximum 
drawdowns do not exceed 1 foot at the Thurlow impoundment below normal 
pool elevation of 288.7 feet mean sea level. Limits on impoundment 
elevations may be temporarily modified for short periods for project 
maintenance purposes upon mutual agreement between the licensee and the 
Alabama Department of Conservation and Natural Resources (ADCNR). APC 
requests that it be allowed to draw down the Thurlow pool to within one 
foot of elevation 277.5 feet for a period not to exceed 90 days between 
December 1, 2009 and March 15, 2010. Included in APC's request was 
concurrence received from the Alabama Department of Conservation and 
Natural Resources
    By order issued April 1, 1996, the Commission defined a temporary 
modification as a few weeks or less. Therefore, the licensee cannot use 
the provisions of article 402 to authorize the long term suspension of 
the drawdown limitation. Such a long-term modification would be an 
amendment of license and must be processed as such.
    l. 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) 502-8371. This filing may also be viewed 
on the Commission's Web site at http://www.ferc.gov using the 
``eLibrary'' link. Enter the docket number (P-2407-132) in the docket 
number field to access the document. You may also register online at 
http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-
mail of new filings and issuances related to this or other pending 
projects. For assistance, call 1-866-208-3676 or e-mail 
FERCOnlineSupport@ferc.gov, for TTY, call (202) 502-8659. A copy is 
also available for inspection and reproduction at the address in item 
(h) above.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit 
comments, a protest, or a motion to intervene in accordance with the 
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, 
.214. In determining the appropriate action to take, the Commission 
will consider all protests or other comments 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 comments, protests, or 
motions to intervene must be received on or before the specified 
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must 
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', OR 
``MOTION TO INTERVENE'', as applicable, and the Project Number of the 
particular application to which the filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited 
to file comments on the described application. A copy of the 
application may be obtained by agencies directly from the Applicant. If 
an agency does not file comments within the time specified for filing 
comments, it will be presumed to have no comments. One copy of an 
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-26633 Filed 11-4-09; 8:45 am]

BILLING CODE 6717-01-P