Northern States Power Company-Wisconsin: Notice of Pending Jurisdictional Inquiry and Soliciting Comments, Protests, and Motions To Intervene, 7542 [2020-02582]

Download as PDF 7542 Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Notices Signed in Washington, DC, on February 4, 2020. LaTanya Butler, Deputy Committee Management Officer. [FR Doc. 2020–02555 Filed 2–7–20; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. UL20–1–000] jbell on DSKJLSW7X2PROD with NOTICES Northern States Power Company— Wisconsin: Notice of Pending Jurisdictional Inquiry and Soliciting Comments, Protests, and Motions To Intervene On December 30, 2019, and supplemented on January 22, 2020, Northern States Power Company— Wisconsin filed a preliminary application document (PAD) and notice of intent to file a license application for the Saxon Falls and Superior Falls Hydroelectric Projects (FERC Project Nos. 2610 and 2587, respectively). Commission staff’s review of the PAD found information stating that the Gile Flowage was created to augment river flows in the Montreal River during the summer and winter low-flow periods at the downstream Saxon Falls and Superior Falls Projects, and that both projects depend on flow augmentation from Gile Flowage during these periods. The Gile Flowage is in Iron County, Wisconsin. As a result, the Commission is beginning a review of the Gile Flowage to determine whether it is subject to the Commission’s mandatory licensing jurisdiction under section 23 of the Federal Power Act (FPA). Pursuant to section 23(b)(1) of the FPA, 16 U.S.C. 817(1) (2018), a nonfederal hydroelectric project must be licensed (unless it has a still-valid pre1920 federal permit) if it: (1) Is located on a navigable water of the United States, (2) occupies lands or reservations of the United States, (3) uses the surplus water or water power from a government dam; or (4) 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. Section 4(e) of the FPA authorizes the Commission to issue licenses for hydroelectric project works, including reservoirs. Section 23(b)(1) of the FPA requires (with exceptions not relevant here) a Commission license for the operation of non-federal hydroelectric project works, including reservoirs, that VerDate Sep<11>2014 16:58 Feb 07, 2020 Jkt 250001 are used to generate electric power on any navigable waters of the United States. Storage reservoirs that are not directly connected to other project works must be licensed if they are necessary or appropriate in the maintenance and operation of a complete unit of hydropower improvement or development. The Commission makes this finding by examining the facts in each case, considering the reservoir’s effect on downstream generation and its storage capacity, location, and purpose, to determine if there are significant generation benefits to a downstream project or projects. The Commission has found, and the D.C. Circuit has affirmed, that a contribution to downstream electric generation of at least 2 percent amounts to a significant generation benefit.1 The Commission is soliciting comments, motions to intervene, and protests in these proceedings. Comments, motions to intervene, and protests must be filed by thirty (30) days from notice or March 2, 2020. 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 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. 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 number UL20–1–000. 1 See Domtar Maine Corp., Inc. v. FERC, 347 F.3d 304, 309 (D.C. Cir. 2003); Chippewa and Flambeau Improvement Co. v. FERC, 325 F.3d 353 (D.C. Cir. 2003). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 For further information, please contact Jennifer Polardino at (202) 502– 6437 or Jennifer.Polardino@ferc.gov. Dated: January 31, 2020. Kimberly D. Bose, Secretary. [FR Doc. 2020–02582 Filed 2–7–20; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL20–20–000; QF14–782–001] GRE 314 East Lyme LLC; Notice of Petition for Declaratory Order Take notice that on February 3, 2020, pursuant to Rule 207(a)(2) of the Federal Energy Regulatory Commission’s (Commission) Rules of Practice and Procedure, 18 CFR 385.207(a)(2) (2019), GRE 314 East Lyme LLC (Petitioner), filed a petition for declaratory order seeking requirements applicable to qualifying small power production facilities set forth in section 292.203(a)(3) for the period June 6, 2014 to September 18, 2014, as more fully explained in the petition. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the website that enables subscribers to receive email notification when a document is added to a subscribed E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Notices]
[Page 7542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02582]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. UL20-1-000]


Northern States Power Company--Wisconsin: Notice of Pending 
Jurisdictional Inquiry and Soliciting Comments, Protests, and Motions 
To Intervene

    On December 30, 2019, and supplemented on January 22, 2020, 
Northern States Power Company--Wisconsin filed a preliminary 
application document (PAD) and notice of intent to file a license 
application for the Saxon Falls and Superior Falls Hydroelectric 
Projects (FERC Project Nos. 2610 and 2587, respectively). Commission 
staff's review of the PAD found information stating that the Gile 
Flowage was created to augment river flows in the Montreal River during 
the summer and winter low-flow periods at the downstream Saxon Falls 
and Superior Falls Projects, and that both projects depend on flow 
augmentation from Gile Flowage during these periods. The Gile Flowage 
is in Iron County, Wisconsin. As a result, the Commission is beginning 
a review of the Gile Flowage to determine whether it is subject to the 
Commission's mandatory licensing jurisdiction under section 23 of the 
Federal Power Act (FPA).
    Pursuant to section 23(b)(1) of the FPA, 16 U.S.C. 817(1) (2018), a 
non-federal hydroelectric project must be licensed (unless it has a 
still-valid pre-1920 federal permit) if it: (1) Is located on a 
navigable water of the United States, (2) occupies lands or 
reservations of the United States, (3) uses the surplus water or water 
power from a government dam; or (4) 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.
    Section 4(e) of the FPA authorizes the Commission to issue licenses 
for hydroelectric project works, including reservoirs. Section 23(b)(1) 
of the FPA requires (with exceptions not relevant here) a Commission 
license for the operation of non-federal hydroelectric project works, 
including reservoirs, that are used to generate electric power on any 
navigable waters of the United States. Storage reservoirs that are not 
directly connected to other project works must be licensed if they are 
necessary or appropriate in the maintenance and operation of a complete 
unit of hydropower improvement or development. The Commission makes 
this finding by examining the facts in each case, considering the 
reservoir's effect on downstream generation and its storage capacity, 
location, and purpose, to determine if there are significant generation 
benefits to a downstream project or projects. The Commission has found, 
and the D.C. Circuit has affirmed, that a contribution to downstream 
electric generation of at least 2 percent amounts to a significant 
generation benefit.\1\
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    \1\ See Domtar Maine Corp., Inc. v. FERC, 347 F.3d 304, 309 
(D.C. Cir. 2003); Chippewa and Flambeau Improvement Co. v. FERC, 325 
F.3d 353 (D.C. Cir. 2003).
---------------------------------------------------------------------------

    The Commission is soliciting comments, motions to intervene, and 
protests in these proceedings. Comments, motions to intervene, and 
protests must be filed by thirty (30) days from notice or March 2, 
2020. 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 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.
    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 number UL20-1-000.
    For further information, please contact Jennifer Polardino at (202) 
502-6437 or [email protected].

    Dated: January 31, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-02582 Filed 2-7-20; 8:45 am]
BILLING CODE 6717-01-P