Fall Creek Hydro, LLC; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions, 24943-24945 [2012-10071]
Download as PDF
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
purchasers or (ii) permit third parties to
use but because of the discrete nature of
such interconnection facilities have
received waivers from the Commission
of open access transmission
requirements.20 Vantage Wind
represents that such waivers remain
appropriate because the facts and
circumstances upon which they were
originally granted have not changed.
24. The Commission also considers a
seller’s ability to erect other barriers to
entry as part of the vertical market
power analysis.21 The Commission
requires a seller to provide a description
of its ownership or control of, or
affiliation with an entity that owns or
controls, intrastate natural gas
transportation, storage or distribution
facilities; sites for generation capacity
development; and physical coal supply
sources and ownership of or control
over who may access transportation of
coal supplies (collectively, inputs to
electric power production).22 The
Commission also requires sellers to
make an affirmative statement that they
have not erected barriers to entry into
the relevant market and will not erect
barriers to entry into the relevant
market.23 The Commission adopted a
rebuttable presumption that the
ownership or control of, or affiliation
with any entity that owns or controls,
inputs to electric power production
does not allow a seller to raise entry
barriers but will allow intervenors to
demonstrate otherwise.24
25. With regard to other barriers to
entry, Vantage Wind states that it does
not, nor does Invenergy Investment,
Polsky Energy or their affiliates, own or
control in the United States: (i)
Intrastate natural gas transportation,
storage or distribution facilities or
companies that own or control such
facilities, or (ii) coal resources or
transportation facilities or companies
that own or control such things.
Moreover, Vantage Wind states that it
and its affiliates do not own or control
sites located within the Puget balancing
authority area that could be used to
impose barriers to market entry by other
wholesale power suppliers. Vantage
Wind states that it owns or has land
20 Vantage Wind December 20 Filing at 10 (citing
Grand Ridge Energy, LLC, 128 FERC ¶ 61,134
(2009), Hardee Power Partners Limited, 125 FERC
¶ 61,036 (2008), Wolverine Creek Goshen
Interconnection, LLC, Docket No. ER06–267–000
(Jan. 13, 2006) (delegated letter order); Hardee
Power Partners Limited, 114 FERC ¶ 61,131 (2006)).
21 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at
P 440.
22 Id. P 447; Order No. 697–A, FERC Stats. & Regs.
¶ 31,268 at P 176.
23 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at
P 447.
24 Id. P 446.
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24943
rights to the site for its generation
facilities and that other affiliates of
Invenergy Investment own, or may
acquire in the future, certain property
rights in land for the potential
development of generation in places
within in the United States including
the Puget balancing authority area.
26. Finally, consistent with Order No.
697, Vantage Wind affirmatively states
that it and its affiliates have not erected
barriers to entry and will not erect
barriers to entry in the relevant
geographic market.
27. Based on Vantage Wind’s
representations, we find that Vantage
Wind satisfies the Commission’s
requirements for market-based rate
authority regarding vertical market
power.
regions in which it is designated as a
Category 2 seller in compliance with the
regional reporting schedule adopted in
Order No. 697.28 The Commission
reserves the right to require an updated
market power analysis at any time.29
The Commission orders:
(A) Vantage Wind’s updated market
power analysis is hereby accepted for
filing, as discussed in the body of this
order.
(B) Vantage Wind is hereby directed
to file an updated market analysis for all
regions in which it is designated as a
Category 2 seller in compliance with the
regional reporting schedule adopted in
Order No. 697.
(C) The Secretary is hereby directed to
publish a copy of this order in the
Federal Register.
B. Reporting Requirements
28. Consistent with the procedures
that the Commission adopted in Order
No. 2001, an entity with market-based
rates must electronically file an Electric
Quarterly Report (EQR) with the
Commission containing: (1) A summary
of the contractual terms and conditions
in every effective service agreement for
market-based power sales; and (2)
transaction information for effective
short-term (less than one year) and longterm (one year or longer) market-based
power sales during the most recent
calendar quarter.25 Public utilities must
file EQRs no later than 30 days after the
end of the reporting quarter.26
29. Additionally, Vantage Wind must
timely report to the Commission any
change in status that would reflect a
departure from the characteristics the
Commission relied upon in granting
market-based rate authority.27
30. Vantage Wind must also file
updated market power analyses for all
Issued April 23, 2012.
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
25 Revised Public Utility Filing Requirements,
Order No. 2001, FERC Stats. & Regs. ¶ 31,127, reh’g
denied, Order No. 2001–A, 100 FERC ¶ 61,074,
reh’g denied, Order No. 2001–B, 100 FERC
¶ 61,342, order directing filing, Order No. 2001–C,
101 FERC ¶ 61,314 (2002), order directing filing,
Order No. 2001–D, 102 FERC ¶ 61,334 (2003).
Attachments B and C of Order No. 2001 describe
the required data sets for contractual and
transaction information. Public utilities must
submit EQRs to the Commission using the EQR
Submission System Software, which may be
downloaded from the Commission’s Web site at
https://www.ferc.gov/docs-filing/eqr.asp.
26 The exact filing dates for these reports are
prescribed in 18 CFR 35.10b (2011). Failure to file
an EQR (without an appropriate request for
extension), or failure to report an agreement in an
EQR, may result in forfeiture of market-based rate
authority, requiring filing of a new application for
market-based rate authority if the applicant wishes
to resume making sales at market-based rates.
27 Reporting Requirement for Changes in Status
for Public Utilities with Market-Based Rate
Authority, Order No. 652, FERC Stats. & Regs.
¶ 31,175, order on reh’g, 111 FERC ¶ 61,413 (2005);
18 CFR 35.42(a) (2011).
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[FR Doc. 2012–10085 Filed 4–25–12; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 12778–004]
Fall Creek Hydro, LLC; Notice of
Application Accepted for Filing,
Soliciting Motions To Intervene and
Protests, Ready for Environmental
Analysis, and Soliciting Comments,
Recommendations, Preliminary Terms
and Conditions, and Preliminary
Fishway Prescriptions
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection.
a. Type of Application: Original Major
License.
b. Project No.: 12778–004.
c. Date filed: February 28, 2011.
d. Applicant: Fall Creek Hydro, LLC.
e. Name of Project: Fall Creek Dam
Hydroelectric Project.
f. Location: The proposed project
would be constructed at the existing
U.S. Army Corps of Engineer’s (Corps)
Fall Creek Dam located on Fall Creek
near the towns of Springfield and
Eugene in Lane County, Oregon. The
project would occupy 6.53 acres of
Federal lands managed by the Corps.
g. Filed Pursuant to: Federal Power
Act 16 U.S.C. 791(a)–825(r).
28 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at
P 882. See Vantage Wind Energy, LLC, Docket No.
ER10–956–000, at 2 (May 26, 2010) (delegated letter
order).
29 Id. P 853.
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24944
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices
h. Applicant Contact: Brent L. Smith,
Chief Operating Officer; Symbiotics
LLC; 371 Upper Terrace, Suite 2, Bend,
OR 97702; Telephone (541) 330–8779.
i. FERC Contact: Lee Emery,
Telephone (202) 502–8379 and email
lee.emery@ferc.gov.
j. Deadline for filing motions to
intervene and protests, comments,
recommendations, preliminary terms
and conditions, and preliminary
prescriptions: 60 days from the issuance
date of this notice; reply comments are
due 105 days from the issuance date of
this notice. Motions to intervene,
protests, comments, recommendations,
preliminary terms and conditions, and
preliminary fishway prescriptions 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/
efiling.asp. Commenters can submit
brief comments up to 6,000 characters,
without prior registration, using the
eComment system at https://
www.ferc.gov/docs-filing/
ecomment.asp. You must include your
name and contact information at the end
of your comments. For assistance,
please contact FERC Online Support at
FERCOnlineSupport@ferc.gov or toll
free at 1–866–208–3676, or for TTY,
(202) 502–8659. Although the
Commission strongly encourages
electronic filing, documents may also be
paper-filed. To paper-file, mail an
original and seven 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.
k. This application has been accepted
for filing and is now is ready for
environmental analysis.
l. The proposed project would utilize
the existing Corps’ Fall Creek Dam and
Fall Creek Reservoir, and would consist
of the following new facilities: (1) Three
water inlet structures with a total
capacity of 625 cubic feet per second,
built on the upstream face of the dam
drawing water from elevations 720, 765
and 800 mean sea level; (2) a 32-footlong, 22-foot-wide valve control
structure for the three water inlets; (3)
an 8-foot-diameter, approximately 570foot-long penstock grouted to the
existing south side concrete outlet
structure; (4) a 10-foot-high, 5.5-footwide penstock isolation gate located at
the downstream end of the penstock and
maintaining hydraulic pressure in the
penstock; (5) two 8-foot-diameter
bifurcations located approximately 70
feet upstream of the penstock isolation
gate; (6) two 110-foot-long, 8-footdiameter penstocks; (7) two Eicher
screens, one per penstock; (8) a 48.5foot-long, 44-foot-wide concrete fish
screen enclosure; (9) a 26-foot-long
penstock convergence and trifurcation
section leading to two Francis and one
Kaplan turbine-generating units with a
total installed capacity of 10 megawatts
(MW); (10) a 75-foot-long, 60-foot-wide
concrete powerhouse; (11) a network of
pipes supplying water to an existing
Corps fish collection facility during
powerhouse operation or shutdown;
(12) an approximately 100-foot-long, 64foot-wide concrete tailrace channel
equipped with picket barrier to prevent
fish from accessing the turbine runners;
(13) a 2,850-foot-long fish bypass system
starting at the Eicher screens and
consisting of (a) two 1,430-foot-long by
24-inch-diameter pipes each with 24
outlets discharging into an
approximately 1,420-foot-long, 24-inchwide and 24-inch-deep ‘‘U’’ shaped
concrete open channel return chute; and
(b) an approximately 33-foot-long, 23foot-wide fish evaluation station located
approximately 370 feet upstream from
where the return chute discharges back
into Fall Creek; (14) a 442-foot-long,
12.5 kilovolt buried transmission line
connecting the powerhouse to an
existing overhead transmission line
which is part of the local grid; and (15)
appurtenant facilities. The project
would occupy 6.53 acres of Federal
lands owned and managed by the Corps.
The average annual generation is
estimated to be 21,220 megawatt-hours.
m. 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.
n. 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,’’ ‘‘COMMENTS,’’
‘‘REPLY COMMENTS,’’
‘‘RECOMMENDATIONS,’’
‘‘PRELIMINARY TERMS AND
CONDITIONS,’’ or ‘‘PRELIMINARY
FISHWAY 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 CFR 385.2001 through 385.2005.
All comments, recommendations, terms
and conditions or prescriptions must set
forth their evidentiary basis and
otherwise comply with the requirements
of 18 CFR 4.34(b). 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.
o. Procedural Schedule:
The application will be processed
according to the following revised
Hydro Licensing Schedule. Revisions to
the schedule may be made as
appropriate.
Milestone
Target date
Filing of recommendations, preliminary terms and conditions, and preliminary fishway prescriptions ...........................................
Commission issues Draft EA ............................................................................................................................................................
June 2012.
December 2012.
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24945
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices
Milestone
Target date
Comments on Draft EA ....................................................................................................................................................................
Modified Terms and Conditions ........................................................................................................................................................
Commission Issues Final EA ............................................................................................................................................................
p. Final amendments to the
application must be filed with the
Commission no later than 30 days from
the issuance date of this notice.
q. A license applicant must file no
later than 60 days following the date of
issuance of the notice of acceptance and
ready for environmental analysis
provided for in 5.22: (1) A copy of the
water quality certification; (2) a copy of
the request for certification, including
proof of the date on which the certifying
agency received the request; or (3)
evidence of waiver of water quality
certification.
r. 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.
Dated: April 19, 2012.
Kimberly D. Bose,
Secretary .
[FR Doc. 2012–10071 Filed 4–25–12; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
tkelley on DSK3SPTVN1PROD with NOTICES
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Filings Instituting Proceedings
Docket Numbers: RP12–604–000.
Applicants: Columbia Gas
Transmission, LLC.
Description: TCRA 2012 to be
effective 6/1/2012.
Filed Date: 4/13/12.
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17:51 Apr 25, 2012
Jkt 226001
Accession Number: 20120413–5068.
Comments Due: 5 p.m. ET 4/25/12.
Docket Numbers: RP12–605–000.
Applicants: Columbia Gas
Transmission, LLC.
Description: OTRA—April 2012 to be
effective 6/1/2012.
Filed Date: 4/13/12.
Accession Number: 20120413–5120.
Comments Due: 5 p.m. ET 4/25/12.
Docket Numbers: RP12–606–000.
Applicants: El Paso Natural Gas
Company.
Description: El Paso Natural Gas
Company Request for Waiver Filing.
Filed Date: 4/16/12.
Accession Number: 20120416–5057.
Comments Due: 5 p.m. ET 4/30/12.
Docket Numbers: RP12–607–000.
Applicants: Anadarko Energy Services
Company, Western Gas Resources Inc.,
Kerr McGee Energy Services
Corporation, Kerr McGee (Nevada) LLC.
Description: Joint Petition of Kerr
McGee Energy Services. Corporation, et
al. for Temporary Waivers of Capacity
Release Regulations and Policies, &
Request for Shortened Comment Period
& Expedited Treatment.
Filed Date: 4/12/12.
Accession Number: 20120412–5237.
Comments Due: 5 p.m. ET 4/24/12.
Docket Numbers: RP12–608–000.
Applicants: Natural Gas Pipeline
Company of America.
Description: Tenaska Gas Negotiated
Rate to be effective 4/16/2012.
Filed Date: 4/16/12.
Accession Number: 20120416–5162.
Comments Due: 5 p.m. ET 4/30/12.
Docket Numbers: RP12–609–000.
Applicants: Texas Gas Transmission,
LLC.
Description: Authorization for Sale of
Excess Storage Inventory filing to be
effective 5/17/2012.
Filed Date: 4/16/12.
Accession Number: 20120416–5175.
Comments Due: 5 p.m. ET 4/30/12.
Docket Numbers: RP12–610–000.
Applicants: Columbia Gas
Transmission, LLC.
Description: Columbia Gas
Transmission, LLC submits tariff filing
per 154.204: Negotiated Rate Service
Agreement—South Jersey to be effective
5/17/2012.
Filed Date: 4/17/12.
Accession Number: 20120417–5076.
Comments Due: 5 p.m. ET 4/30/12.
PO 00000
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January 2013.
March 2013.
June 2013.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding.
Filings in Existing Proceedings
Docket Numbers: RP11–1566–009.
Applicants: Tennessee Gas Pipeline
Company, LLC.
Description: Rate Case 2011 Refund
Report to be effective N/A.
Filed Date: 4/13/12.
Accession Number: 20120413–5140.
Comments Due: 5 p.m. ET 4/25/12.
Docket Numbers: RP12–458–002.
Applicants: Eastern Shore Natural Gas
Company.
Description: Docket No. RP12–458
Compliance Filing to be effective 4/13/
2012.
Filed Date: 4/16/12.
Accession Number: 20120416–5146.
Comments Due: 5 p.m. ET 4/30/12.
Any person desiring to protest in any
the above proceedings must file in
accordance with Rule 211 of the
Commission’s Regulations (18 CFR
385.211) on or before 5:00 p.m. Eastern
time on the specified comment date.
The filings are accessible in the
Commission’s eLibrary system by
clicking on the links or querying the
docket number.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
and service can be found at: https://
www.ferc.gov/docs-filing/efiling/filingreq.pdf. For other information, call (866)
208–3676 (toll free). For TTY, call (202)
502–8659.
Dated: April 17, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012–10037 Filed 4–25–12; 8:45 am]
BILLING CODE 6717–01–P
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Agencies
[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 24943-24945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10071]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 12778-004]
Fall Creek Hydro, LLC; Notice of Application Accepted for Filing,
Soliciting Motions To Intervene and Protests, Ready for Environmental
Analysis, and Soliciting Comments, Recommendations, Preliminary Terms
and Conditions, and Preliminary Fishway Prescriptions
Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
a. Type of Application: Original Major License.
b. Project No.: 12778-004.
c. Date filed: February 28, 2011.
d. Applicant: Fall Creek Hydro, LLC.
e. Name of Project: Fall Creek Dam Hydroelectric Project.
f. Location: The proposed project would be constructed at the
existing U.S. Army Corps of Engineer's (Corps) Fall Creek Dam located
on Fall Creek near the towns of Springfield and Eugene in Lane County,
Oregon. The project would occupy 6.53 acres of Federal lands managed by
the Corps.
g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
[[Page 24944]]
h. Applicant Contact: Brent L. Smith, Chief Operating Officer;
Symbiotics LLC; 371 Upper Terrace, Suite 2, Bend, OR 97702; Telephone
(541) 330-8779.
i. FERC Contact: Lee Emery, Telephone (202) 502-8379 and email
lee.emery@ferc.gov.
j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
Motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions 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/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at https://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
FERCOnlineSupport@ferc.gov or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. Although the Commission strongly encourages electronic
filing, documents may also be paper-filed. To paper-file, mail an
original and seven 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.
k. This application has been accepted for filing and is now is
ready for environmental analysis.
l. The proposed project would utilize the existing Corps' Fall
Creek Dam and Fall Creek Reservoir, and would consist of the following
new facilities: (1) Three water inlet structures with a total capacity
of 625 cubic feet per second, built on the upstream face of the dam
drawing water from elevations 720, 765 and 800 mean sea level; (2) a
32-foot-long, 22-foot-wide valve control structure for the three water
inlets; (3) an 8-foot-diameter, approximately 570-foot-long penstock
grouted to the existing south side concrete outlet structure; (4) a 10-
foot-high, 5.5-foot-wide penstock isolation gate located at the
downstream end of the penstock and maintaining hydraulic pressure in
the penstock; (5) two 8-foot-diameter bifurcations located
approximately 70 feet upstream of the penstock isolation gate; (6) two
110-foot-long, 8-foot-diameter penstocks; (7) two Eicher screens, one
per penstock; (8) a 48.5-foot-long, 44-foot-wide concrete fish screen
enclosure; (9) a 26-foot-long penstock convergence and trifurcation
section leading to two Francis and one Kaplan turbine-generating units
with a total installed capacity of 10 megawatts (MW); (10) a 75-foot-
long, 60-foot-wide concrete powerhouse; (11) a network of pipes
supplying water to an existing Corps fish collection facility during
powerhouse operation or shutdown; (12) an approximately 100-foot-long,
64-foot-wide concrete tailrace channel equipped with picket barrier to
prevent fish from accessing the turbine runners; (13) a 2,850-foot-long
fish bypass system starting at the Eicher screens and consisting of (a)
two 1,430-foot-long by 24-inch-diameter pipes each with 24 outlets
discharging into an approximately 1,420-foot-long, 24-inch-wide and 24-
inch-deep ``U'' shaped concrete open channel return chute; and (b) an
approximately 33-foot-long, 23-foot-wide fish evaluation station
located approximately 370 feet upstream from where the return chute
discharges back into Fall Creek; (14) a 442-foot-long, 12.5 kilovolt
buried transmission line connecting the powerhouse to an existing
overhead transmission line which is part of the local grid; and (15)
appurtenant facilities. The project would occupy 6.53 acres of Federal
lands owned and managed by the Corps. The average annual generation is
estimated to be 21,220 megawatt-hours.
m. 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.
n. 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,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY 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 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). 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.
o. Procedural Schedule:
The application will be processed according to the following
revised Hydro Licensing Schedule. Revisions to the schedule may be made
as appropriate.
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Milestone Target date
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Filing of recommendations, preliminary June 2012.
terms and conditions, and preliminary
fishway prescriptions.
Commission issues Draft EA............. December 2012.
[[Page 24945]]
Comments on Draft EA................... January 2013.
Modified Terms and Conditions.......... March 2013.
Commission Issues Final EA............. June 2013.
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p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in 5.22: (1) A copy of the water
quality certification; (2) a copy of the request for certification,
including proof of the date on which the certifying agency received the
request; or (3) evidence of waiver of water quality certification.
r. 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.
Dated: April 19, 2012.
Kimberly D. Bose,
Secretary .
[FR Doc. 2012-10071 Filed 4-25-12; 8:45 am]
BILLING CODE 6717-01-P