Notice of Declaration of Intention and Petition for Relief, and Soliciting Comments, Protests, and/or Motions To Intervene, 48109 [E5-4436]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 70, Number 157 (Tuesday, August 16, 2005)]
[Notices]
[Page 48109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4436]



[[Page 48109]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Declaration of Intention and Petition for Relief, and 
Soliciting Comments, Protests, and/or Motions To Intervene

August 10, 2005.
    Take notice that the following application has been filed with the 
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention and Petition for 
Relief.
    b. Docket No: DI05-3-000.
    c. Date Filed: July 11, 2005.
    d. Applicant: Energetech America, L.L.C.
    e. Name of Project: Green Wave Rhode Island Ocean Wave Energy 
Project.
    f. Location: The proposed Green Wave Rhode Island Ocean Wave Energy 
Project will be located in the tidal waters near the Point Judith 
Harbor of Refuge in the Town of Narragansett, Washington County, Rhode 
Island.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 
U.S.C. 817(b).
    h. Applicant Contact: Ms. Cynthia Rudge, Energetech Australia, 44 
Jackes Avenue, Suite 1205, Toronto, Canada M4T 1E5; telephone and fax 
(416) 410-2900, e-mail address: betsy@energetech.com.au.
    i. FERC Contact: Any questions on this notice should be addressed 
to Henry Ecton, (202) 502-8768, or e-mail address: 
henry.ecton@ferc.gov.
    j. Deadline for filing comments, protests, and/or motions: 
September 12, 2005.
    All documents (original and eight copies) should be filed with: 
Magalie R. Salas, 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. Any questions, please contact the Secretary's Office. See, 18 
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web 
site at https://www.ferc.gov.
    Please include the docket number (DI05-3-000) on any comments, 
protests, or motions filed.
     k. Description of Project: The proposed wave-to-energy prototype 
would include (1) an off-shore floating steel frame structure comprised 
of a parabolic shaped steel wall, an oscillating water column/wave 
chamber, and a 500-kW wave-induced air turbine-generator, moored to an 
array of twelve piles embedded into the seafloor; (2) an approximately 
1.2-mile-long transmission cable to convey electricity to the on-shore 
transformer; and (3) appurtenant facilities. The power would be 
connected to an interstate grid. It will not occupy any tribal lands.
    When a Declaration of Intention is filed with the Federal Energy 
Regulatory Commission, the Federal Power Act requires the Commission to 
investigate and determine if the interests of interstate or foreign 
commerce would be affected by the project. The Commission also 
determines whether or not the project: (1) Would be located on a 
navigable waterway; (2) would occupy or affect public lands or 
reservations of the United States; (3) would utilize surplus water or 
water power from a government dam; or (4) if applicable, has involved 
or would involve any construction subsequent to 1935 that may have 
increased or would increase the project's head or generating capacity, 
or have otherwise significantly modified the project's pre-1935 design 
or operation.
    l. Petition for Declaratory Intent: Energetech requested that it be 
allowed to install and operate the facilities listed above, and to 
deliver power from the project into the facilities of Narragansett 
Electric Company, without a license under part I of the Federal Power 
Act, because Energetech believes its proposal does not come under the 
definition of a hydropower project under the FPA.
    If the prototype is determined to be required to be licensed, 
Energetech requests the Commission to issue a license on the basis of 
the Rhode Island Coastal Resource Management Council's (CRMC) decision 
and the record established in connection therewith, adopting the same 
or similar license conditions or provisions to avoid conflicts. 
Further, Energetech requests that the Commission waive all of its 
requirements relating to applications for exemption from licensing and 
accept the application to the CRMC in its entirety (once determined to 
be technically and administratively complete) as a complete application 
for exemption for licensing, waive the procedural requirements for 
consideration for such an application from exemption from licensing, 
and grant Energetech such an exemption from licensing for the project.
    m. Locations of the Application: Copies of this filing are on file 
with the Commission and are available for public inspection. This 
filing may be viewed on the web at https://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, please contact FERC Online Support at 
FERCOnlineSupport@ferc.gov or toll-free at (866) 208-3676, or TTY, 
contact (202) 502-8659.
    n. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    o. 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.
    p. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', and/
or ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of 
the particular application to which the filing refers. A copy of any 
motion to intervene must also be served upon each representative of the 
Applicant specified in the particular application.
    q. 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.

Linda Mitry,
Deputy Secretary.
[FR Doc. E5-4436 Filed 8-15-05; 8:45 am]
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