Gary E. Hall and Rita C. Hall; Notice of Application Accepted for Filing With the Commision, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, Intent To Waive Solicitation of Additional Study Requests, Intent To Waive Scoping, Intent To Waive Three Stage Consultation, Soliciting Comments, Terms and Conditions, Recommendations, and Prescriptions, and Establishing an Expedited Schedule for Processing, 7467-7469 [2010-3103]

Download as PDF Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Notices comment. The comment addresses the FERC–912 and relates to a pending rulemaking in Docket No. RM09–23 (‘‘Revisions to Form, Procedures, and Criteria for Certification of Qualifying Facility Status for a Small Power Production or Cogeneration Facility’’). The comment was also submitted in Docket No. RM09–23 and will be addressed in Docket No. RM09–23. FOR FURTHER INFORMATION: Ellen Brown may be reached by telephone at (202) 502–8663, by fax at (202) 273–0873, and by e-mail at ellen.brown@ferc.gov. Kimberly D. Bose, Secretary. [FR Doc. 2010–3099 Filed 2–18–10; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13606–000] Natural Currents Energy Services, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications pwalker on DSK8KYBLC1PROD with NOTICES February 4, 2010. On October 21, 2009, and revised on December 23, 2009 and January 28, 2010, Natural Currents Energy Services, LLC, filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act, proposing to study the feasibility of the Gastineau Channel Tidal Energy Project, located on Gastineau Channel, in the City and Borough of Juneau, Alaska. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land disturbing activities or otherwise enter upon lands or waters owned by others without the owners’ express permission. The proposed project would either attach turbines to the underside of an existing Coast Guard dock, or anchor the turbines to the bottom of the channel, and would consist of: (1) An existing approximately 100-foot-long by 30-footwide U.S. Coast Guard dock connected to the shore by an approximately 550foot-long boardwalk extending into Gastineau Channel; (2) twelve 25kilowatt (kW) Red Hawk in-stream turbine modules anchored to the bottom of the channel or attached to the underside of a pivoting t-dock with a total generating capacity of 300 kW; (3) one or more clusters of Tidal In-Stream VerDate Nov<24>2008 18:05 Feb 18, 2010 Jkt 220001 Energy Conversion Devices (TISEC devices) to transmit the electricity from the turbines to the underwater transmission line; (4) an approximately 600-foot-long, 480-volt underwater transmission line connecting the TISEC device to an existing above-ground local distribution system; and (5) appurtenant facilities. The project would have an estimated average annual generation of 1,200 megawatt-hours. Applicant Contact: Roger Bason, President, Natural Currents Energy Services, LLC, 24 Roxanne Boulevard, Highland, NY 12561; phone: (845) 691– 4009. FERC Contact: Jennifer Harper, 202– 502–6136. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and competing applications may be filed electronically via the Internet. 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 ‘‘eFiling’’ link. For a simpler method of submitting text only comments, click on ‘‘Quick Comment.’’ For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov; call tollfree at (866) 208–3676; or, for TTY, contact (202) 502–8659. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail an original and eight copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. More information about this project, including a copy of the application, can be viewed or printed on the ‘‘eLibrary’’ link of Commission’s Web site at https://www.ferc.gov/docs-filing/ elibrary.asp. Enter the docket number (P–13606) in the docket number field to access the document. For assistance, contact FERC Online Support. Kimberly D. Bose, Secretary. [FR Doc. 2010–3107 Filed 2–18–10; 8:45 am] BILLING CODE 6717–01–P PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 7467 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13652–000] Gary E. Hall and Rita C. Hall; Notice of Application Accepted for Filing With the Commision, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, Intent To Waive Solicitation of Additional Study Requests, Intent To Waive Scoping, Intent To Waive Three Stage Consultation, Soliciting Comments, Terms and Conditions, Recommendations, and Prescriptions, and Establishing an Expedited Schedule for Processing February 5, 2010. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. Type of Application: Exemption From Licensing. b. Project No.: 13652–000. c. Date filed: January 11, 2010. d. Applicant: Gary E. Hall and Rita C. Hall. e. Name of Project: Potter Creek Hydroelectric Project. f. Location: The project is located on Potter Creek in Flathead County, Montana. The project would be located on private property and 0.51 acre of federal lands in the Flathead National Forest, managed by the Forest Service. The applicant owns the private property on which the project will be located. g. Filed Pursuant to: Public Utilities Regulatory Policies Act of 1978, 16 U.S.C. 2705, 2708. h. Applicant Contact: Mr. Gary E. Hall and Ms. Rita C. Hall, P.O. Box 133, Olney, MT 59927, (406) 881–2345. i. FERC Contact: Jennifer Harper, (202) 502–6136. j. Cooperating Agencies: We are asking Federal, state, and local agencies and Indian tribes 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 item l below. k. Pursuant to the Commission’s regulations, 18 CFR 4.32(b)(7), if any resource agency, Indian tribe, or person believes that an additional scientific study should be conducted in order to form a factual basis for complete analysis of the application on its merits, the resource agency, Indian tribe, or person must file a request for the study with the Commission. Due to the small E:\FR\FM\19FEN1.SGM 19FEN1 pwalker on DSK8KYBLC1PROD with NOTICES 7468 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Notices size and remote location of this project, the applicant’s close coordination with the Forest Service in the preparation of the application, and the lack of any study requests submitted during prefiling consultation with the FWS, Montana Department of Fish, Wildlife and Parks, Montana State Historic Preservation Office, and the Flathead Conservation District, we accept the consultation that has occurred on this project during the pre-filing period as satisfying our requirements for requesting additional studies specified in 18 CFR 4.32(b)(7). l. Deadline for filing motions to intervene and protests, comments, terms and conditions, recommendations, and prescriptions: Due to the small size and remote location of this project, as well as the applicant’s close coordination with the Forest Service in the preparation of the application, the 60day timeframe specified in 18 CFR 4.34(b) for filing motions to intervene and protests, comments, terms and conditions, recommendations, and prescriptions is shortened to 30 days from the issuance date of this notice. All reply comments filed in response to comments submitted by any resource agency, Indian tribe, or person, must be filed with the Commission within 45 days from the date of this notice All documents 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 (https:// www.ferc.gov/docs-filing/ferconline. asp) under the ‘‘eFiling’’ link. For a simpler method of submitting text only comments, click on ‘‘Quick Comment.’’ For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov; call tollfree at (866) 208–3676; or, for TTY, contact (202) 502–8659. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail an original and eight copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission’s Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on 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. VerDate Nov<24>2008 18:05 Feb 18, 2010 Jkt 220001 m. This application has been accepted for filing and is now ready for environmental analysis. n. Project Description: The Potter Creek Hydroelectric Project would consist of the following: (1) An existing 50-foot-wide by 5-foot-high wood slat and rock impoundment; (2) an existing 0.07-acre reservoir having a storage capacity of 0.14 acre-feet of water; (3) a 4-inch-diameter, 111-foot-long PVC penstock; (4) a turbine box containing one generating unit with total installed generating capacity of 50 watts; and (5) an approximately 335-foot-long transmission line from the turbine box to the Hall residence. The project would have an average annual generation of 438 kilowatt-hours. The dam, reservoir, penstock, turbine box, and 293 feet of the transmission line are located on federal lands in the Flathead National Forest managed by the Forest Service. The applicant proposes to operate the project as run-of-river. o. A copy of the application is available for review at The Commission in the Public Reference Room or may be viewed on the Commission’s Web site 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, contact FERC Online Support. A copy is also available for inspection and reproduction at the address in item h above. Register online at https:// www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified intervention deadline date, a competing development application, or a notice of intent to file such an application. Submission of a timely notice of intent allows an interested person to file the competing development application no later than 120 days after the specified intervention deadline date. Applications for preliminary permits will not be accepted in response to this notice. A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit a development application. A notice of intent must be served on the applicant(s) named in this public notice. Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Rules of Practice and Procedure, 18 CFR 385.210, .211, and .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. All filings must (1) bear in all capital letters the title ‘‘PROTEST’’, ‘‘MOTION TO INTERVENE’’, ‘‘NOTICE OF INTENT TO FILE COMPETING APPLICATION,’’ ‘‘COMPETING APPLICATION,’’ ‘‘COMMENTS,’’ ‘‘REPLY COMMENTS,’’ ‘‘RECOMMENDATIONS,’’ ‘‘TERMS AND CONDITIONS,’’ or ‘‘PRESCRIPTIONS;’’ (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 C.F.R. §§ 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. q. With this notice, we are initiating consultation with the Montana State Historic Preservation Office, as required by § 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR Part 800.4. r. Procedural schedule and final amendments: We intend to accept the consultation that has occurred on this project during the pre-filing period as satisfying our requirements for the standard 3-stage consultation process under 18 CFR 4.38 and for National Environmental Policy Act scoping. The application will be processed according to the following procedural schedule. Revisions to the schedule may be made as appropriate. Milestone Comments, recommendations, and terms and conditions due. Reply comments due ............ E:\FR\FM\19FEN1.SGM 19FEN1 Target date March 8, 2010. March 23, 2010. Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Notices Milestone Notice of the availability of the EA. Target date April, 2010. s. Based on a review of the exemption application and resource agency consultation letters, Commission staff intend to prepare a single environmental assessment (EA). The EA will assess the potential effects of project construction and operation on geology and soils, aquatic, terrestrial, threatened and endangered species, recreation and land use, aesthetic, and cultural and historic resources. Because staff believe the issues that need to be addressed in its EA have been adequately identified, with this notice, we are soliciting comments on our intent to waive scoping for the Potter Creek Hydroelectric Project. Comments, terms and conditions, recommendations, prescriptions, and reply comments, if any, will be addressed in an EA. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Kimberly D. Bose, Secretary. [FR Doc. 2010–3103 Filed 2–18–10; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD04–4–001] Panel Member List for Hydropower Licensing Study Dispute Resolution; Notice Extending Filing Date for Applications for Panel Member List for Hydropower Licensing Study Dispute Resolution pwalker on DSK8KYBLC1PROD with NOTICES February 4, 2010. On October 20, 2009, the Federal Energy Regulatory Commission (Commission) requested applications to be included on a list of resource experts willing to serve as a third panel member in the Commission’s hydropower integrated licensing process (ILP) study dispute resolution process. We are extending the application period until August 15, 2010, to afford interested parties more time to respond to the original request. Respondents to the initial request need not reapply to be considered. Information on the application contents and how to file applications can be found in the October 20, 2009 notice or on the VerDate Nov<24>2008 18:05 Feb 18, 2010 Jkt 220001 Commission’s Web page at: https:// www.ferc.gov/industries/ hydropower.asp. For more information please contact David Turner at (202) 502–6091 or david.turner@ferc.gov. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2010–3158 Filed 2–18–10; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13605–000] Natural Currents Energy Services, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications February 4, 2010. On October 21, 2009, and revised on January 28, 2009, Natural Currents Energy Services, LLC, filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act, proposing to study the feasibility of the Icy Passage Tidal Energy Project, located in Icy Passage, in the Hoonah-Angoon Borough, Alaska. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land disturbing activities or otherwise enter upon lands or waters owned by others without the owners’ express permission. The proposed project would either attach turbines to the underside of an existing State of Alaska dock, or anchor the turbines to the bottom of the passage, and would consist of: (1) An existing approximately 70-foot-long by 220-foot-wide State of Alaska dock connected to the shore by an approximately 1,130-foot-long boardwalk extending into Icy Passage; (2) twelve 25-kilowatt (kW) Red Hawk in-stream turbine modules with a total generating capacity of 300 kW; (3) one or more clusters of Tidal In-Stream Energy Conversion Devices (TISEC devices) to transmit the electricity from the turbines to the underwater transmission line; (4) an approximately 3,900-foot-long, 480-volt underwater transmission line connecting the TISEC device to an existing above-ground local distribution system; and (5) appurtenant facilities. The project would have an estimated average annual generation of 1,200 megawatt-hours. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 7469 Applicant Contact: Roger Bason, President, Natural Currents Energy Services, LLC, 24 Roxanne Boulevard, Highland, NY 12561; phone: (845) 691– 4009. FERC Contact: Jennifer Harper, 202– 502–6136. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and competing applications may be filed electronically via the Internet. 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 ‘‘eFiling’’ link. For a simpler method of submitting text only comments, click on ‘‘Quick Comment.’’ For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov; call tollfree at (866) 208–3676; or, for TTY, contact (202) 502–8659. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail an original and eight copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. More information about this project, including a copy of the application, can be viewed or printed on the ‘‘eLibrary’’ link of Commission’s Web site at https://www.ferc.gov/docs-filing/ elibrary.asp. Enter the docket number (P–13605) in the docket number field to access the document. For assistance, contact FERC Online Support. Kimberly D. Bose, Secretary. [FR Doc. 2010–3106 Filed 2–18–10; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13237–001] Whitman River Dam, Inc.; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing Process February 5, 2010. a. Type of Filing: Notice of Intent to File License Application and Request to Use the Traditional Licensing Process. b. Project No.: 13237–001. E:\FR\FM\19FEN1.SGM 19FEN1

Agencies

[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Notices]
[Pages 7467-7469]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3103]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13652-000]


Gary E. Hall and Rita C. Hall; Notice of Application Accepted for 
Filing With the Commision, Soliciting Motions To Intervene and 
Protests, Ready for Environmental Analysis, Intent To Waive 
Solicitation of Additional Study Requests, Intent To Waive Scoping, 
Intent To Waive Three Stage Consultation, Soliciting Comments, Terms 
and Conditions, Recommendations, and Prescriptions, and Establishing an 
Expedited Schedule for Processing

February 5, 2010.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Exemption From Licensing.
    b. Project No.: 13652-000.
    c. Date filed: January 11, 2010.
    d. Applicant: Gary E. Hall and Rita C. Hall.
    e. Name of Project: Potter Creek Hydroelectric Project.
    f. Location: The project is located on Potter Creek in Flathead 
County, Montana. The project would be located on private property and 
0.51 acre of federal lands in the Flathead National Forest, managed by 
the Forest Service. The applicant owns the private property on which 
the project will be located.
    g. Filed Pursuant to: Public Utilities Regulatory Policies Act of 
1978, 16 U.S.C. 2705, 2708.
    h. Applicant Contact: Mr. Gary E. Hall and Ms. Rita C. Hall, P.O. 
Box 133, Olney, MT 59927, (406) 881-2345.
    i. FERC Contact: Jennifer Harper, (202) 502-6136.
    j. Cooperating Agencies: We are asking Federal, state, and local 
agencies and Indian tribes 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 item l below.
    k. Pursuant to the Commission's regulations, 18 CFR 4.32(b)(7), if 
any resource agency, Indian tribe, or person believes that an 
additional scientific study should be conducted in order to form a 
factual basis for complete analysis of the application on its merits, 
the resource agency, Indian tribe, or person must file a request for 
the study with the Commission. Due to the small

[[Page 7468]]

size and remote location of this project, the applicant's close 
coordination with the Forest Service in the preparation of the 
application, and the lack of any study requests submitted during pre-
filing consultation with the FWS, Montana Department of Fish, Wildlife 
and Parks, Montana State Historic Preservation Office, and the Flathead 
Conservation District, we accept the consultation that has occurred on 
this project during the pre-filing period as satisfying our 
requirements for requesting additional studies specified in 18 CFR 
4.32(b)(7).
    l. Deadline for filing motions to intervene and protests, comments, 
terms and conditions, recommendations, and prescriptions: Due to the 
small size and remote location of this project, as well as the 
applicant's close coordination with the Forest Service in the 
preparation of the application, the 60-day timeframe specified in 18 
CFR 4.34(b) for filing motions to intervene and protests, comments, 
terms and conditions, recommendations, and prescriptions is shortened 
to 30 days from the issuance date of this notice. All reply comments 
filed in response to comments submitted by any resource agency, Indian 
tribe, or person, must be filed with the Commission within 45 days from 
the date of this notice
    All documents 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 (https://www.ferc.gov/docs-filing/ferconline.asp asp) 
under the ``eFiling'' link. For a simpler method of submitting text 
only comments, click on ``Quick Comment.'' For assistance, please 
contact FERC Online Support at FERCOnlineSupport@ferc.gov; call toll-
free at (866) 208-3676; or, for TTY, contact (202) 502-8659. Although 
the Commission strongly encourages electronic filing, documents may 
also be paper-filed. To paper-file, mail an original and eight copies 
to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 
888 First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing 
documents with the Commission to serve a copy of that document on each 
person on 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.
    m. This application has been accepted for filing and is now ready 
for environmental analysis.
    n. Project Description: The Potter Creek Hydroelectric Project 
would consist of the following: (1) An existing 50-foot-wide by 5-foot-
high wood slat and rock impoundment; (2) an existing 0.07-acre 
reservoir having a storage capacity of 0.14 acre-feet of water; (3) a 
4-inch-diameter, 111-foot-long PVC penstock; (4) a turbine box 
containing one generating unit with total installed generating capacity 
of 50 watts; and (5) an approximately 335-foot-long transmission line 
from the turbine box to the Hall residence. The project would have an 
average annual generation of 438 kilowatt-hours. The dam, reservoir, 
penstock, turbine box, and 293 feet of the transmission line are 
located on federal lands in the Flathead National Forest managed by the 
Forest Service. The applicant proposes to operate the project as run-
of-river.
    o. A copy of the application is available for review at The 
Commission in the Public Reference Room or may be viewed on the 
Commission's Web site 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, contact 
FERC Online Support. A copy is also available for inspection and 
reproduction at the address in item h above.
    Register online at https://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    p. Any qualified applicant desiring to file a competing application 
must submit to the Commission, on or before the specified intervention 
deadline date, a competing development application, or a notice of 
intent to file such an application. Submission of a timely notice of 
intent allows an interested person to file the competing development 
application no later than 120 days after the specified intervention 
deadline date. Applications for preliminary permits will not be 
accepted in response to this notice.
    A notice of intent must specify the exact name, business address, 
and telephone number of the prospective applicant, and must include an 
unequivocal statement of intent to submit a development application. A 
notice of intent must be served on the applicant(s) named in this 
public notice.
    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, and .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.
    All filings must (1) bear in all capital letters the title 
``PROTEST'', ``MOTION TO INTERVENE'', ``NOTICE OF INTENT TO FILE 
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``COMMENTS,'' 
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or 
``PRESCRIPTIONS;'' (2) set forth in the heading the name of the 
applicant and the project number of the application to which the filing 
responds; (3) furnish the name, address, and telephone number of the 
person protesting or intervening; and (4) otherwise comply with the 
requirements of 18 C.F.R. Sec. Sec.  385.2001 through 385.2005. 
Agencies may obtain copies of the application directly from the 
applicant. A copy of any protest or motion to intervene must be served 
upon each representative of the applicant specified in the particular 
application. A copy of all other filings in reference to this 
application must be accompanied by proof of service on all persons 
listed in the service list prepared by the Commission in this 
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    q. With this notice, we are initiating consultation with the 
Montana State Historic Preservation Office, as required by Sec.  106, 
National Historic Preservation Act, and the regulations of the Advisory 
Council on Historic Preservation, 36 CFR Part 800.4.
    r. Procedural schedule and final amendments: We intend to accept 
the consultation that has occurred on this project during the pre-
filing period as satisfying our requirements for the standard 3-stage 
consultation process under 18 CFR 4.38 and for National Environmental 
Policy Act scoping. The application will be processed according to the 
following procedural schedule. Revisions to the schedule may be made as 
appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Comments, recommendations, and terms and    March 8, 2010.
 conditions due.
Reply comments due........................  March 23, 2010.

[[Page 7469]]

 
Notice of the availability of the EA......  April, 2010.
------------------------------------------------------------------------

    s. Based on a review of the exemption application and resource 
agency consultation letters, Commission staff intend to prepare a 
single environmental assessment (EA). The EA will assess the potential 
effects of project construction and operation on geology and soils, 
aquatic, terrestrial, threatened and endangered species, recreation and 
land use, aesthetic, and cultural and historic resources. Because staff 
believe the issues that need to be addressed in its EA have been 
adequately identified, with this notice, we are soliciting comments on 
our intent to waive scoping for the Potter Creek Hydroelectric Project. 
Comments, terms and conditions, recommendations, prescriptions, and 
reply comments, if any, will be addressed in an EA.
    Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of the notice 
of ready for environmental analysis.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-3103 Filed 2-18-10; 8:45 am]
BILLING CODE 6717-01-P
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