City of Pendleton, OR; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, Protests, Recommendations, and Terms and Conditions, 40604-40605 [2012-16751]

Download as PDF 40604 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Notices preference over other applications (34 CFR 75.105(c)(1)). This notice does not preclude us from proposing additional priorities, requirements, definitions, or selection criteria, subject to meeting applicable rulemaking requirements. Note: This notice does not solicit applications. In any year in which we choose to use this priority, we invite applications through a notice in the Federal Register. mstockstill on DSK4VPTVN1PROD with NOTICES Executive Orders 12866 and 13563 Regulatory Impact Analysis Under Executive Order 12866, the Secretary must determine whether this regulatory action is ‘‘significant’’ and, therefore, subject to the requirements of the Executive order and subject to review by the Office of Management and Budget (OMB). Section 3(f) of Executive Order 12866 defines a ‘‘significant regulatory action’’ as an action likely to result in a rule that may— (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or Tribal governments or communities in a material way (also referred to as an ‘‘economically significant’’ rule); (2) Create serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles stated in the Executive order. This final regulatory action is not a significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866. We have also reviewed this final regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency— (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify); (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into account—among other things and to the extent practicable—the costs of cumulative regulations; VerDate Mar<15>2010 16:28 Jul 09, 2012 Jkt 226001 (3) In choosing among alternative regulatory approaches, select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and (5) Identify and assess available alternatives to direct regulation, including economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or provide information that enables the public to make choices. Executive Order 13563 also requires an agency ‘‘to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.’’ The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include ‘‘identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.’’ We are issuing this final priority only on a reasoned determination that its benefits justify its costs. In choosing among alternative regulatory approaches, we selected those approaches that maximize net benefits. Based on the analysis that follows, the Department believes that this regulatory action is consistent with the principles in Executive Order 13563. We also have determined that this regulatory action does not unduly interfere with State, local, and Tribal governments in the exercise of their governmental functions. In accordance with both Executive orders, the Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs are those resulting from statutory requirements and those we have determined as necessary for administering the Department’s programs and activities. Summary of Potential Costs and Benefits The benefits of the Disability and Rehabilitation Research Projects and Centers Programs have been well established over the years in that similar projects have been completed successfully. This final priority will generate new knowledge through research and development. Another benefit of the final priority is that establishing new DRRPs will improve the lives of individuals with PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 disabilities. The new DRRPs will provide support and assistance for NIDRR grantees as they generate, disseminate, and promote the use of new information that will improve the options for individuals with disabilities to perform regular activities of their choice in the community. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue SW., Room 5075, PCP, Washington, DC 20202–2550. Telephone: (202) 245– 7363. If you use a TDD or a TTY, call the FRS, toll free, at 1–800–877–8339. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: https://www.gpo.gov/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: https:// www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Dated: July 5, 2012. Alexa Posny, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 2012–16835 Filed 7–9–12; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14407–000] City of Pendleton, OR; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, Protests, Recommendations, and Terms and Conditions Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. E:\FR\FM\10JYN1.SGM 10JYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Notices a. Type of Application: Conduit Exemption. b. Project No.: 14407–000. c. Date filed: May 14, 2012. d. Applicant: City of Pendleton, Oregon. e. Name of Project: Energy Recovery Phase I Project. f. Location: The proposed Energy Recovery Phase I Project would be located on a water supply pipeline for the City of Pendleton in Umatilla County, Oregon. The land on which all the project structures are located is owned by the applicant. g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a–825r. h. Applicant Contact: Mr. Robb Corbett, City of Pendleton, Oregon, 500 SW Dorian Ave. Pendleton, OR 97801 phone (541) 966–0201. i. FERC Contact: Robert Bell, (202) 502–6062, robert.bell@ferc.gov. j. Status of Environmental Analysis: This application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions. k. Deadline for filing responsive documents: Due to the small size of the proposed project, as well as the resource agency consultation letters filed with the application, the 60-day timeframe specified in 18 CFR 4.34(b) for filing all comments, motions to intervene, protests, recommendations, terms and conditions, 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 issuance date of this notice. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site at https://www.ferc.gov/docs-filing/ efiling.asp. The Commission strongly encourages electronic filings. The Commission’s Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. l. Description of the project: The Energy Recovery Phase I Project proposes the following developments: VerDate Mar<15>2010 16:28 Jul 09, 2012 Jkt 226001 Well 1 Development The Well 1 development would consist of: (1) An existing powerhouse containing one proposed generating unit with an installed capacity of 67.5 kilowatts; and (2) appurtenant facilities. The applicant estimates Well 1 would have an average annual generation of 0.292 gigawatt-hour. Well 5 Development The Well 5 development would consist of: (1) An existing powerhouse containing two proposed generating units with a total installed capacity of 65.5 kilowatts; and (2) appurtenant facilities. The applicant estimates Well 5 would have an average annual generation of 0.283 gigawatt-hour. Well 14 Development The Well 14 development would consist of: (1) An existing powerhouse containing one proposed generating unit with an installed capacity of 28.3 kilowatts; and (2) appurtenant facilities. The applicant estimates that Well 14 would have an average annual generation of 0.122 gigawatt-hour. The entire project would have a total installed capacity of 161.3 kilowatts and an average annual generation of 0.697 gigawatt-hours. m. This filing is available for review and reproduction at the Commission in the Public Reference Room, Room 2A, 888 First Street NE., Washington, DC 20426. The filing may also be viewed on the Web at https://www.ferc.gov/docsfiling/elibrary.asp using the ‘‘eLibrary’’ link. Enter the docket number, P–14407, in the docket number field to access the document. For assistance, call toll-free 1–866–208–3676 or email FERCOnlineSupport@ferc.gov. For TTY, call (202) 502–8659. A copy is also available for review and reproduction at the address in item h above. n. Development Application—Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified deadline date for the particular application, 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 deadline date for the particular application. Applications for preliminary permits will not be accepted in response to this notice. p. Protests or Motions to Intervene— Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice PO 00000 Frm 00042 Fmt 4703 Sfmt 9990 40605 and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests 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 protests or motions to intervene must be received on or before the specified deadline date for the particular application. q. All filings must (1) Bear in all capital letters the title ‘‘PROTEST’’, ‘‘MOTION TO INTERVENE’’, ‘‘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 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. Any of these documents must be filed by providing the original and seven copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Office of Energy Projects, Federal Energy Regulatory Commission, at the above address. 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. Dated: July 2, 2012. Kimberly D. Bose, Secretary. [FR Doc. 2012–16751 Filed 7–9–12; 8:45 am] BILLING CODE 6717–01–P E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Notices]
[Pages 40604-40605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16751]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14407-000]


City of Pendleton, OR; Notice of Application Accepted for Filing 
and Soliciting Comments, Motions To Intervene, Protests, 
Recommendations, and Terms and Conditions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.

[[Page 40605]]

    a. Type of Application: Conduit Exemption.
    b. Project No.: 14407-000.
    c. Date filed: May 14, 2012.
    d. Applicant: City of Pendleton, Oregon.
    e. Name of Project: Energy Recovery Phase I Project.
    f. Location: The proposed Energy Recovery Phase I Project would be 
located on a water supply pipeline for the City of Pendleton in 
Umatilla County, Oregon. The land on which all the project structures 
are located is owned by the applicant.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Robb Corbett, City of Pendleton, Oregon, 
500 SW Dorian Ave. Pendleton, OR 97801 phone (541) 966-0201.
    i. FERC Contact: Robert Bell, (202) 502-6062, robert.bell@ferc.gov.
    j. Status of Environmental Analysis: This application is ready for 
environmental analysis at this time, and the Commission is requesting 
comments, reply comments, recommendations, terms and conditions, and 
prescriptions.
    k. Deadline for filing responsive documents: Due to the small size 
of the proposed project, as well as the resource agency consultation 
letters filed with the application, the 60-day timeframe specified in 
18 CFR 4.34(b) for filing all comments, motions to intervene, protests, 
recommendations, terms and conditions, 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 issuance date of this notice.
    Comments, protests, and interventions may be filed electronically 
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and 
the instructions on the Commission's Web site at https://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly encourages electronic 
filings.
    The Commission's Rules of Practice and Procedure require all 
intervenors filing documents with the Commission to serve a copy of 
that document on each person in the official service list for the 
project. Further, if an intervenor files comments or documents with the 
Commission relating to the merits of an issue that may affect the 
responsibilities of a particular resource agency, they must also serve 
a copy of the document on that resource agency.
    l. Description of the project: The Energy Recovery Phase I Project 
proposes the following developments:

Well 1 Development

    The Well 1 development would consist of: (1) An existing powerhouse 
containing one proposed generating unit with an installed capacity of 
67.5 kilowatts; and (2) appurtenant facilities. The applicant estimates 
Well 1 would have an average annual generation of 0.292 gigawatt-hour.

Well 5 Development

    The Well 5 development would consist of: (1) An existing powerhouse 
containing two proposed generating units with a total installed 
capacity of 65.5 kilowatts; and (2) appurtenant facilities. The 
applicant estimates Well 5 would have an average annual generation of 
0.283 gigawatt-hour.

Well 14 Development

    The Well 14 development would consist of: (1) An existing 
powerhouse containing one proposed generating unit with an installed 
capacity of 28.3 kilowatts; and (2) appurtenant facilities. The 
applicant estimates that Well 14 would have an average annual 
generation of 0.122 gigawatt-hour.
    The entire project would have a total installed capacity of 161.3 
kilowatts and an average annual generation of 0.697 gigawatt-hours.
    m. This filing is available for review and reproduction at the 
Commission in the Public Reference Room, Room 2A, 888 First Street NE., 
Washington, DC 20426. The filing may also be viewed on the Web at 
https://www.ferc.gov/docs-filing/elibrary.asp using the ``eLibrary'' 
link. Enter the docket number, P-14407, in the docket number field to 
access the document. For assistance, call toll-free 1-866-208-3676 or 
email FERCOnlineSupport@ferc.gov. For TTY, call (202) 502-8659. A copy 
is also available for review and reproduction at the address in item h 
above.
    n. Development Application--Any qualified applicant desiring to 
file a competing application must submit to the Commission, on or 
before the specified deadline date for the particular application, 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 deadline date for the 
particular application. Applications for preliminary permits will not 
be accepted in response to this notice.
    p. Protests or Motions to Intervene--Anyone may submit a protest or 
a motion to intervene in accordance with the requirements of Rules of 
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In 
determining the appropriate action to take, the Commission will 
consider all protests 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 protests or motions to intervene must be 
received on or before the specified deadline date for the particular 
application.
    q. All filings must (1) Bear in all capital letters the title 
``PROTEST'', ``MOTION TO INTERVENE'', ``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 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. Any of 
these documents must be filed by providing the original and seven 
copies to: The Secretary, Federal Energy Regulatory Commission, 888 
First Street NE., Washington, DC 20426. An additional copy must be sent 
to Director, Division of Hydropower Administration and Compliance, 
Office of Energy Projects, Federal Energy Regulatory Commission, at the 
above address. 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.

    Dated: July 2, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-16751 Filed 7-9-12; 8:45 am]
BILLING CODE 6717-01-P
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