Central Hudson Gas & Electric Corporation; Notice of Pending Jurisdictional Inquiry, and Solicting Comments, Protests, and Motions To Intervene, 31061-31062 [2019-13823]

Download as PDF Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Notices 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 part 34, of future issuances of securities and assumptions of liability, is July 15, 2019. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http:// 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 must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The filings in the above-referenced proceeding are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Dated: June 24, 2019. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2019–13847 Filed 6–27–19; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission khammond on DSKBBV9HB2PROD with NOTICES [Project No. 14985–000] Cherokee Rivers Company, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications On April 3, 2019, Cherokee Rivers Company, LLC, filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act VerDate Sep<11>2014 17:41 Jun 27, 2019 Jkt 247001 (FPA), proposing to study the feasibility of the Lower Coosawattee Hydroelectric Project (Lower Coosawattee Project or project) to be located at the U.S. Army Corps of Engineers’ (Corps) Carter’s Reregulation Dam on the Coosawattee River, in Murray County, Georgia. 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 consist of the following: (1) A 50-foot-long, 8-footwide intake structure with trash racks and stop logs, on the left end of the dam; (2) four 8-foot-diameter, approximately 320-foot-long penstocks running through the dam; (3) the four penstocks combining into two 15-foot-high, 23.6foot-wide, 100-foot-long box culvert conduits; (4) a 52-foot-long, 25-footwide, 47-foot-high powerhouse containing two generating units, with a combined capacity of 4.5 megawatts; and (5) a 120-foot-long transmission line. The proposed project would have an estimated average annual generation of 16,500 megawatt-hours, and operate run-of-release utilizing surplus water from the Carter’s Reregulation Dam, as directed by the Corps. Applicant Contact: Mr. Robert Davis, 390 Timber Laurel Lane, Lawrenceville, GA 30243; phone: (470) 331–8238. FERC Contact: Michael Spencer, (202) 502–6093, michael.spencer@ferc.gov. 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. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission’s eFiling system at http:// 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 http://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, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 31061 The first page of any filing should include docket number P–14985–000. More information about this project, including a copy of the application, can be viewed or printed on the ‘‘eLibrary’’ link of Commission’s website at http:// www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P–14985) in the docket number field to access the document. For assistance, contact FERC Online Support. Dated: June 24, 2019. Kimberly D. Bose, Secretary. [FR Doc. 2019–13826 Filed 6–27–19; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. UL19–1–000; UL19–2–000] Central Hudson Gas & Electric Corporation; Notice of Pending Jurisdictional Inquiry, and Solicting Comments, Protests, and Motions To Intervene On May 9, 2019, the Federal Energy Regulatory Commission (Commission) received a request from the U.S. Department of the Interior’s Fish and Wildlife Service (FWS) for an updated jurisdictional determination for the unlicensed Sturgeon Pool and Dashville Hydroelectric Projects. The projects are located on the Wallkill River in Ulster County, New York. Pursuant to section 23(b)(1) of the Federal Power Act, a non-federal hydroelectric project must be licensed (unless it has a still-valid pre-1920 federal permit) if it: (a) Is located on a navigable water of the United States; (b) occupies lands or reservations of the United States; (c) utilizes surplus water or waterpower from a government dam; or (d) is located on a stream over which Congress has Commerce Clause jurisdiction, is constructed or modified on or after August 26, 1935, and affects the interests of interstate or foreign commerce.1 A stream is navigable under section 3(8) of the FPA if: (1) It is currently being used or is suitable for use, or (2) it has been used or was suitable for use in the past, or (3) it could be made suitable for use in the future by reasonable improvements, to transport persons or property in interstate or foreign commerce. Navigability under section 3(8) of the FPA is not destroyed by obstructions or disuse of many years; 1 16 E:\FR\FM\28JNN1.SGM U.S.C. 8171 (2012). 28JNN1 31062 Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES personal or private use may be sufficient to demonstrate the availability of the river for commercial navigation; and the seasonal floatation of logs is sufficient to determine that a river is navigable. Commission staff previously investigated the Commission’s jurisdiction over the Sturgeon Pool and Dashville Hydroelectric Projects. In 1988, staff determined that the projects were non-jurisdictional based on staff’s finding that the Wallkill River was not navigable at the location of the projects.2 Commission staff’s prior finding relied primarily on historical usage of the river. FWS requests that the Commission reexamine navigability of the Wallkill River and look specifically at the river’s suitability for commercial use. A stream’s suitability for commercial use can be demonstrated based on its physical characteristics, as well as its actual use or suitability for use for recreational boating, if this information shows the river is suitable for the simpler types of commercial navigation.3 In response to FWS’s request, Commission staff is investigating the jurisdictional status of the Sturgeon Pool Hydroelectric Project (UL19–1– 000) and Dashville Hydroelectric Project (UL19–2–000). A copy of FWS’s request may be viewed on the Commission’s website at http://www.ferc.gov/docsfiling/elibrary.asp. Enter the docket number, UL19–1–000 or UL19–2–000, excluding the last three digits in the docket number field to access the document. You may also register online at http://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, call 1–866–208–3676 or email FERCOnlineSupport@ferc.gov, for TTY, call (202) 502–8659. The Commission is soliciting comments, motions to intervene, and protests in these proceedings. Comments, motions to intervene, and protests must be filed by 45 days from notice or August 8, 2019. Anyone may submit comments, a protest, or a motion to intervene in accordance with the 2 See Central Hudson Gas & Electric Co., 44 FERC ¶ 62,215 (1988) (Dashville Hydroelectric Project in Docket No. UL88–18–000); Central Hudson Gas & Electric Co., 44 FERC ¶ 62,216 (1988) (Sturgeon Pool Hydroelectric Project in Docket No. UL88–22– 000). 3 See FPL Energy Maine Hydro LLC v. FERC, 287 F.3d 1151, 1158 (D.C. Cir. 2002) (affirming navigability finding based on stream characteristics and test trips by canoe). VerDate Sep<11>2014 17:41 Jun 27, 2019 Jkt 247001 requirements of Rules and Practice and Procedure, 18 CFR 385.210, 211, and 214. In determining the appropriate action to take, the Commission will consider all protests or comments filed, but only those who file a motion to intervene in accordance with the Commission’s Rule may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date. The Commission strongly encourages electronic filing. Please file comments, protests, and motions to intervene using the Commission’s eFiling system at http://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 http:// 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, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include Docket Numbers UL19–1–000 and/or UL19–2–000. For further information, please contact Jennifer Polardino at (202) 502– 6437 or Jennifer.Polardino@ferc.gov; or Ashish Desai at (202) 502–8370 or Ashish.Desai@ferc.gov. Dated: June 24, 2019. Kimberly D. Bose, Secretary. [FR Doc. 2019–13823 Filed 6–27–19; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER19–2232–000] Chief Keystone Power II, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization This is a supplemental notice in the above-referenced proceeding of Chief Keystone Power II, LLC’s application for market-based rate authority, with an accompanying rate tariff, noting that PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 such application includes a request for blanket authorization, under 18 CFR part 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 part 34, of future issuances of securities and assumptions of liability, is July 15, 2019. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http:// 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 must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The filings in the above-referenced proceeding are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Dated: June 24, 2019. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2019–13848 Filed 6–27–19; 8:45 am] BILLING CODE 6717–01–P E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31061-31062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13823]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. UL19-1-000; UL19-2-000]


Central Hudson Gas & Electric Corporation; Notice of Pending 
Jurisdictional Inquiry, and Solicting Comments, Protests, and Motions 
To Intervene

    On May 9, 2019, the Federal Energy Regulatory Commission 
(Commission) received a request from the U.S. Department of the 
Interior's Fish and Wildlife Service (FWS) for an updated 
jurisdictional determination for the unlicensed Sturgeon Pool and 
Dashville Hydroelectric Projects. The projects are located on the 
Wallkill River in Ulster County, New York.
    Pursuant to section 23(b)(1) of the Federal Power Act, a non-
federal hydroelectric project must be licensed (unless it has a still-
valid pre-1920 federal permit) if it: (a) Is located on a navigable 
water of the United States; (b) occupies lands or reservations of the 
United States; (c) utilizes surplus water or waterpower from a 
government dam; or (d) is located on a stream over which Congress has 
Commerce Clause jurisdiction, is constructed or modified on or after 
August 26, 1935, and affects the interests of interstate or foreign 
commerce.\1\
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 8171 (2012).
---------------------------------------------------------------------------

    A stream is navigable under section 3(8) of the FPA if: (1) It is 
currently being used or is suitable for use, or (2) it has been used or 
was suitable for use in the past, or (3) it could be made suitable for 
use in the future by reasonable improvements, to transport persons or 
property in interstate or foreign commerce. Navigability under section 
3(8) of the FPA is not destroyed by obstructions or disuse of many 
years;

[[Page 31062]]

personal or private use may be sufficient to demonstrate the 
availability of the river for commercial navigation; and the seasonal 
floatation of logs is sufficient to determine that a river is 
navigable.
    Commission staff previously investigated the Commission's 
jurisdiction over the Sturgeon Pool and Dashville Hydroelectric 
Projects. In 1988, staff determined that the projects were non-
jurisdictional based on staff's finding that the Wallkill River was not 
navigable at the location of the projects.\2\ Commission staff's prior 
finding relied primarily on historical usage of the river. FWS requests 
that the Commission reexamine navigability of the Wallkill River and 
look specifically at the river's suitability for commercial use. A 
stream's suitability for commercial use can be demonstrated based on 
its physical characteristics, as well as its actual use or suitability 
for use for recreational boating, if this information shows the river 
is suitable for the simpler types of commercial navigation.\3\
---------------------------------------------------------------------------

    \2\ See Central Hudson Gas & Electric Co., 44 FERC ] 62,215 
(1988) (Dashville Hydroelectric Project in Docket No. UL88-18-000); 
Central Hudson Gas & Electric Co., 44 FERC ] 62,216 (1988) (Sturgeon 
Pool Hydroelectric Project in Docket No. UL88-22-000).
    \3\ See FPL Energy Maine Hydro LLC v. FERC, 287 F.3d 1151, 1158 
(D.C. Cir. 2002) (affirming navigability finding based on stream 
characteristics and test trips by canoe).
---------------------------------------------------------------------------

    In response to FWS's request, Commission staff is investigating the 
jurisdictional status of the Sturgeon Pool Hydroelectric Project (UL19-
1-000) and Dashville Hydroelectric Project (UL19-2-000). A copy of 
FWS's request may be viewed on the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number, UL19-1-
000 or UL19-2-000, excluding the last three digits in the docket number 
field to access the document. You may also register online at http://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, call 1-866-208-3676 or email 
[email protected], for TTY, call (202) 502-8659.
    The Commission is soliciting comments, motions to intervene, and 
protests in these proceedings. Comments, motions to intervene, and 
protests must be filed by 45 days from notice or August 8, 2019. Anyone 
may submit comments, a protest, or a motion to intervene in accordance 
with the requirements of Rules and Practice and Procedure, 18 CFR 
385.210, 211, and 214. In determining the appropriate action to take, 
the Commission will consider all protests or comments filed, but only 
those who file a motion to intervene in accordance with the 
Commission's Rule may become a party to the proceeding. Any comments, 
protests, or motions to intervene must be received on or before the 
specified comment date.
    The Commission strongly encourages electronic filing. Please file 
comments, protests, and motions to intervene using the Commission's 
eFiling system at http://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 http://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 [email protected], (866) 208-3676 (toll 
free), or (202) 502-8659 (TTY). In lieu of electronic filing, please 
send a paper copy to: Secretary, Federal Energy Regulatory Commission, 
888 First Street NE, Washington, DC 20426. The first page of any filing 
should include Docket Numbers UL19-1-000 and/or UL19-2-000.
    For further information, please contact Jennifer Polardino at (202) 
502-6437 or [email protected]; or Ashish Desai at (202) 502-
8370 or [email protected].

    Dated: June 24, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-13823 Filed 6-27-19; 8:45 am]
 BILLING CODE 6717-01-P