Tygart, LLC.; Notice of Intent To File License Application, Filing of Pre-Application Document, Commencement of Licensing Proceeding, Scoping Meetings, Solicitation of Comments on the Pad and Scoping Document, and Identification of Issues and Associated Study Requests, 8786-8787 [E9-4086]

Download as PDF 8786 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No 12613–001] Tygart, LLC.; Notice of Intent To File License Application, Filing of PreApplication Document, Commencement of Licensing Proceeding, Scoping Meetings, Solicitation of Comments on the Pad and Scoping Document, and Identification of Issues and Associated Study Requests February 19, 2009. a. Type of Filing: Notice of Intent to File License Application and Commencing Licensing Proceeding. b. Project No.: 12613–001. c. Dated Filed: December 23, 2008. d. Submitted By: Tygart, LLC. e. Name of Project: Tygart Hydroelectric Project. f. Location: At the Corps of Engineers’ Tygart dam on the Tygart River in Barbour and Taylor Counties, West Virginia. g. Filed Pursuant to: 18 CFR Part 5 of the Commission’s Regulations. h. Potential Applicant Contact: Clifford Phillips, Tygart, LLC, 150 North Miller Road, Suite 450 C, Fairlawn, Ohio 44333, (330) 869–8451. i. FERC Contact: Michael Spencer, michael.spencer@ferc.gov, (202) 502– 6093. j. We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in paragraph o below. Cooperating agencies should note the Commission’s policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. See, 94 FERC ¶ 61,076 (2001). k. With this notice, we are initiating informal consultation with: (a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR Part 402; and (b) the State Historic Preservation Officer, as required by section 106, National Historical Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2. l. With this notice, we are designating Tygart, LLC as the Commission’s nonFederal representative for carrying out informal consultation, pursuant to VerDate Nov<24>2008 17:53 Feb 25, 2009 Jkt 217001 Section 7 of the Endangered Species Act, and Section 106 of the National Historic Preservation Act. m. Tygart, LLC filed a Pre-Application Document (PAD, including a proposed process plan and schedule) with the Commission pursuant to 18 CFR 5.6 of the Commission’s regulations. The Commission will issue the Scoping Document for the proposed Tygart Project on or about February 20, 2009. n. A copy of the PAD and the scoping document are available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s Web site (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, contact FERC Online Support at FERCOnlineSupport@ferc.gov or toll free at 1–866–208–3676, or for TTY, (202) 502–8659. A copy is also available for inspection and reproduction at the address in paragraph h. Register online at https://ferc.gov/ esubscribenow.htm to be notified via email of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support. o. The commencement date of this proceeding is February 21, 2009. With this notice we are soliciting comments on the PAD and the scoping document, as well as study requests. All comments on the PAD and the scoping document, and study requests should be sent to the address above in paragraph h. In addition, all comments on the PAD and the scoping document, study requests, requests for cooperating agency status, and all communications to and from Commission staff related to the merits of the potential application (original and eight copies) must be filed with the Commission at the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All filings with the Commission must include on the first page, the project name (Tygart Project) and number (P– 12613–001), and bear the heading ‘‘Comments on Pre-Application Document,’’ ‘‘Study Requests,’’ ‘‘Comments on Scoping Document 1,’’ ‘‘Request for Cooperating Agency Status,’’ or ‘‘Communications to and from Commission Staff.’’ Any individual or entity interested in submitting study requests, commenting on the PAD or the scoping document, and any agency requesting cooperating status must do so by April 22, 2009. 1. Comments on the PAD and the scoping document, study requests, PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 requests for cooperating agency status, and other permissible forms of communications with the Commission may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site (https:// www.ferc.gov/docs-filing/ferconline.asp) under the ‘‘e-filing’’ link. For a simpler method of submitting text-only comments, click on ‘‘Quick Comment.’’ p. Although our current intent is to prepare an environmental assessment (EA), there is the possibility that an Environmental Impact Statement (EIS) will be required. Nevertheless, this meeting will satisfy the NEPA scoping requirements, irrespective of whether an EA or EIS is issued by the Commission. Scoping Meetings Commission staff will hold two scoping meetings in the vicinity of the project at the time and place noted below. The daytime meeting will focus on resource agency, Indian tribes, and non-governmental organization concerns, while the evening meeting is primarily for receiving input from the public. We invite all interested individuals, organizations, and agencies to attend one or both of the meetings, and to assist staff in identifying particular study needs, as well as the scope of environmental issues to be addressed in the environmental document. The times and locations of these meetings are as follows: Evening Scoping Meeting Date: Monday, March 23, 2009. Time: 6 p.m. (EST). Location: Wingate Hotel, 350 Conference Center Way, Bridgeport, WV 26330. Phone: (304) 808–1000. Daytime Scoping Meeting Date: Tuesday, March 24, 2009. Time: 10 a.m. (EST). Location: Same location. The scoping document, which outlines the issues to be addressed in the environmental document, will be mailed to the individuals and entities on the Commission’s mailing list. Copies of the scoping document will be available at the scoping meetings, and may be viewed on the Web at https:// www.ferc.gov, using the ‘‘eLibrary’’ link. Follow the directions for accessing information in paragraph n. Depending on the extent of comments received, a revised Scoping Document may or may not be issued. E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Notices Site Visit DEPARTMENT OF ENERGY Tygart, LLC will conduct a tour of the proposed project site at 2 p.m. on Monday, March 23, 2009. All participants should meet in the parking lot in front of the Army Corps of Engineers’ office at Tygart dam. All participants are responsible for providing photo identification to enter this Corps of Engineers’ facility. Photography will be prohibited. Anyone with questions about the site visit should contact Mr. Clifford Phillips of Tygart, LLC at (330) 869–8451 on or before March 20, 2009. Federal Energy Regulatory Commission Scoping Meeting Objectives At the scoping meetings, staff will: (1) Present a proposed list of issues to be addressed in the EA; (2) review and discuss existing conditions and resource agency management objectives; (3) review and discuss existing information and identify preliminary information and study needs; (4) review and discuss the process plan and schedule for prefiling activity that incorporates the time frames provided for in Part 5 of the Commission’s regulations and, to the extent possible, maximizes coordination of Federal, State, and Tribal permitting and certification processes; and (5) discuss requests by any Federal or State agency or Indian tribe acting as a cooperating agency for development of an environmental document. Meeting participants should come prepared to discuss their issues and/or concerns. Please review the PAD in preparation for the scoping meetings. Directions on how to obtain a copy of the PAD and the scoping document are included in item n of this document. Meeting Procedures The meetings will be recorded by a stenographer and will become part of the formal record of the Commission proceeding on the project. Kimberly D. Bose, Secretary. [FR Doc. E9–4086 Filed 2–25–09; 8:45 am] BILLING CODE 6717–01–P VerDate Nov<24>2008 16:56 Feb 25, 2009 Jkt 217001 [Docket No. OR09–4–000] Holly Refining and Marketing Company, Complainant v. Plains All American Pipeline, L.P. and Rocky Mountain Pipeline System LLC, Respondents; Notice of Complaint February 19, 2009. Take notice that on February 17, 2009, pursuant to sections 3(1), 9, 13(1), 15(1) and 16(1) of the Interstate Commerce Act (ICA), 49 U.S.C. App. 3(1), 9, 13(1), 15(1), and 16(1), Rule 206 of the Commission’s Rules of Practice and Procedure, 18 CFR 385.206, and section 343.1(a) of the Commission’s Procedural Rules Applicable to Oil Pipeline Proceedings, 18 CFR 343.1(a), Holly Refining and Marketing Company (Complainant) filed a complaint against Plains All American Pipeline, L.P. (PAAP) and Rocky Mountain Pipeline System LLC (RMPS) alleging undue and unjust preferential treatment of affiliates of PAAP and RMPS, undue and unjust prejudice and discrimination against the Complainant, and challenging the lawfulness of the proposed reversal of flow on the interstate pipeline segment of RMPS which currently provides crude oil transportation service from Ft. Laramie, Wyoming to Wamsutter, Wyoming. The Complainant states that a copy of the complaint has been served on the PAAP and RMPS. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent’s answer and all interventions, or protests must be filed on or before the comment date. The Respondent’s answer, motions to intervene, and protests must be served on the Complainants. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at https://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 8787 This filing is accessible on-line at https://www.ferc.gov, using the ‘‘eLibrary’’ link and is 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 e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5 p.m. Eastern Time on March 9, 2009. Kimberly D. Bose, Secretary. [FR Doc. E9–4085 Filed 2–25–09; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER09–683–000] Alex Energy, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization February 19, 2008. This is a supplemental notice in the above-referenced proceeding of Alex Energy, LLC’s application for marketbased rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR 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 34, of future issuances of securities and assumptions of liability, is March 11, 2009. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at https:// 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 E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Notices]
[Pages 8786-8787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4086]



[[Page 8786]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No 12613-001]


Tygart, LLC.; Notice of Intent To File License Application, 
Filing of Pre-Application Document, Commencement of Licensing 
Proceeding, Scoping Meetings, Solicitation of Comments on the Pad and 
Scoping Document, and Identification of Issues and Associated Study 
Requests

February 19, 2009.
    a. Type of Filing: Notice of Intent to File License Application and 
Commencing Licensing Proceeding.
    b. Project No.: 12613-001.
    c. Dated Filed: December 23, 2008.
    d. Submitted By: Tygart, LLC.
    e. Name of Project: Tygart Hydroelectric Project.
    f. Location: At the Corps of Engineers' Tygart dam on the Tygart 
River in Barbour and Taylor Counties, West Virginia.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's 
Regulations.
    h. Potential Applicant Contact: Clifford Phillips, Tygart, LLC, 150 
North Miller Road, Suite 450 C, Fairlawn, Ohio 44333, (330) 869-8451.
    i. FERC Contact: Michael Spencer, michael.spencer@ferc.gov, (202) 
502-6093.
    j. We are asking Federal, State, local, and tribal agencies with 
jurisdiction and/or special expertise with respect to environmental 
issues to cooperate with us in the preparation of the environmental 
document. Agencies who would like to request cooperating status should 
follow the instructions for filing comments described in paragraph o 
below. Cooperating agencies should note the Commission's policy that 
agencies that cooperate in the preparation of the environmental 
document cannot also intervene. See, 94 FERC ] 61,076 (2001).
    k. With this notice, we are initiating informal consultation with: 
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under 
section 7 of the Endangered Species Act and the joint agency 
regulations thereunder at 50 CFR Part 402; and (b) the State Historic 
Preservation Officer, as required by section 106, National Historical 
Preservation Act, and the implementing regulations of the Advisory 
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Tygart, LLC as the 
Commission's non-Federal representative for carrying out informal 
consultation, pursuant to Section 7 of the Endangered Species Act, and 
Section 106 of the National Historic Preservation Act.
    m. Tygart, LLC filed a Pre-Application Document (PAD, including a 
proposed process plan and schedule) with the Commission pursuant to 18 
CFR 5.6 of the Commission's regulations. The Commission will issue the 
Scoping Document for the proposed Tygart Project on or about February 
20, 2009.
    n. A copy of the PAD and the scoping document are available for 
review at the Commission in the Public Reference Room or may be viewed 
on the Commission's Web site (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, contact FERC Online Support at FERCOnlineSupport@ferc.gov 
or toll free at 1-866-208-3676, or for TTY, (202) 502-8659. A copy is 
also available for inspection and reproduction at the address in 
paragraph h.
    Register online at https://ferc.gov/esubscribenow.htm to be notified 
via e-mail of new filing and issuances related to this or other pending 
projects. For assistance, contact FERC Online Support.
    o. The commencement date of this proceeding is February 21, 2009. 
With this notice we are soliciting comments on the PAD and the scoping 
document, as well as study requests. All comments on the PAD and the 
scoping document, and study requests should be sent to the address 
above in paragraph h. In addition, all comments on the PAD and the 
scoping document, study requests, requests for cooperating agency 
status, and all communications to and from Commission staff related to 
the merits of the potential application (original and eight copies) 
must be filed with the Commission at the following address: Kimberly D. 
Bose, Secretary, Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426. All filings with the Commission must 
include on the first page, the project name (Tygart Project) and number 
(P-12613-001), and bear the heading ``Comments on Pre-Application 
Document,'' ``Study Requests,'' ``Comments on Scoping Document 1,'' 
``Request for Cooperating Agency Status,'' or ``Communications to and 
from Commission Staff.'' Any individual or entity interested in 
submitting study requests, commenting on the PAD or the scoping 
document, and any agency requesting cooperating status must do so by 
April 22, 2009.
    1. Comments on the PAD and the scoping document, study requests, 
requests for cooperating agency status, and other permissible forms of 
communications with the Commission may be filed electronically via the 
Internet in lieu of paper. The Commission strongly encourages 
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions 
on the Commission's Web site (https://www.ferc.gov/docs-filing/
ferconline.asp) under the ``e-filing'' link. For a simpler method of 
submitting text-only comments, click on ``Quick Comment.''
    p. Although our current intent is to prepare an environmental 
assessment (EA), there is the possibility that an Environmental Impact 
Statement (EIS) will be required. Nevertheless, this meeting will 
satisfy the NEPA scoping requirements, irrespective of whether an EA or 
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of 
the project at the time and place noted below. The daytime meeting will 
focus on resource agency, Indian tribes, and non-governmental 
organization concerns, while the evening meeting is primarily for 
receiving input from the public. We invite all interested individuals, 
organizations, and agencies to attend one or both of the meetings, and 
to assist staff in identifying particular study needs, as well as the 
scope of environmental issues to be addressed in the environmental 
document. The times and locations of these meetings are as follows:

Evening Scoping Meeting

    Date: Monday, March 23, 2009.
    Time: 6 p.m. (EST).
    Location: Wingate Hotel, 350 Conference Center Way, Bridgeport, WV 
26330.
    Phone: (304) 808-1000.

Daytime Scoping Meeting

    Date: Tuesday, March 24, 2009.
    Time: 10 a.m. (EST).
    Location: Same location.

    The scoping document, which outlines the issues to be addressed in 
the environmental document, will be mailed to the individuals and 
entities on the Commission's mailing list. Copies of the scoping 
document will be available at the scoping meetings, and may be viewed 
on the Web at https://www.ferc.gov, using the ``eLibrary'' link. Follow 
the directions for accessing information in paragraph n. Depending on 
the extent of comments received, a revised Scoping Document may or may 
not be issued.

[[Page 8787]]

Site Visit

    Tygart, LLC will conduct a tour of the proposed project site at 2 
p.m. on Monday, March 23, 2009. All participants should meet in the 
parking lot in front of the Army Corps of Engineers' office at Tygart 
dam. All participants are responsible for providing photo 
identification to enter this Corps of Engineers' facility. Photography 
will be prohibited. Anyone with questions about the site visit should 
contact Mr. Clifford Phillips of Tygart, LLC at (330) 869-8451 on or 
before March 20, 2009.

Scoping Meeting Objectives

    At the scoping meetings, staff will: (1) Present a proposed list of 
issues to be addressed in the EA; (2) review and discuss existing 
conditions and resource agency management objectives; (3) review and 
discuss existing information and identify preliminary information and 
study needs; (4) review and discuss the process plan and schedule for 
pre-filing activity that incorporates the time frames provided for in 
Part 5 of the Commission's regulations and, to the extent possible, 
maximizes coordination of Federal, State, and Tribal permitting and 
certification processes; and (5) discuss requests by any Federal or 
State agency or Indian tribe acting as a cooperating agency for 
development of an environmental document.
    Meeting participants should come prepared to discuss their issues 
and/or concerns. Please review the PAD in preparation for the scoping 
meetings. Directions on how to obtain a copy of the PAD and the scoping 
document are included in item n of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become 
part of the formal record of the Commission proceeding on the project.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-4086 Filed 2-25-09; 8:45 am]
BILLING CODE 6717-01-P
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