80_FR_22585 80 FR 22508 - East Valley Water District; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene

80 FR 22508 - East Valley Water District; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 77 (April 22, 2015)

Page Range22508-22509
FR Document2015-09224

Federal Register, Volume 80 Issue 77 (Wednesday, April 22, 2015)
[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Notices]
[Pages 22508-22509]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09224]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD15-22-000]


East Valley Water District; Notice of Preliminary Determination 
of a Qualifying Conduit Hydropower Facility and Soliciting Comments and 
Motions To Intervene

    On April 2, 2015, East Valley Water District filed a notice of 
intent to construct a qualifying conduit hydropower facility, pursuant 
to section 30 of the Federal Power Act (FPA), as amended by section 4 
of the Hydropower Regulatory Efficiency Act of 2013 (HREA). The 
proposed Plant 134 Hydroelectric Project would have an installed 
capacity of 242 kilowatts (kW), and would be located at East Valley 
Water District's existing Water Treatment Plant 134. The project would 
be located in the city of Highland in San Bernardino County, 
California.
    Applicant Contact: Mr. Eliseo Ochoa, 31111 Greenspot Road, 
Highland, CA 92346, Phone No. (909) 888-8986.
    FERC Contact: Christopher Chaney, Phone No. (202) 502-6778, email: 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) A proposed 870-square-foot powerhouse; 
(2) an 18-inch-diameter intake pipe branching off the 300-foot-long, 
24-inch-diameter pipeline coming from the existing Inflow Control 
Structure; (3) two pump-as-turbine units connected to two generators 
with installed capacities of 56 kW and 186 kW, for a total installed 
capacity of 242 kW; (4) an 18-inch-diameter discharge pipe returning 
water to a 24-inch-diameter, 130-foot-long pipeline to the existing 
Filtration Plant; and (5) appurtenant facilities. The proposed project 
would have an estimated annual generating capacity of 1,035 megawatt-
hours.
    A qualifying conduit hydropower facility is one that is determined 
or deemed to meet all of the criteria shown in the table below.

      Table 1--Criteria for Qualifying Conduit Hydropower Facility
------------------------------------------------------------------------
      Statutory provision             Description       Satisfies  (Y/N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by  The conduit the         Y
 HREA.                           facility uses is a
                                 tunnel, canal,
                                 pipeline, aqueduct,
                                 flume, ditch, or
                                 similar manmade water
                                 conveyance that is
                                 operated for the
                                 distribution of water
                                 for agricultural,
                                 municipal, or
                                 industrial
                                 consumption and not
                                 primarily for the
                                 generation of
                                 electricity.
FPA 30(a)(3)(C)(i), as amended  The facility is         Y
 by HREA.                        constructed,
                                 operated, or
                                 maintained for the
                                 generation of
                                 electric power and
                                 uses for such
                                 generation only the
                                 hydroelectric
                                 potential of a non-
                                 federally owned
                                 conduit.
FPA 30(a)(3)(C)(ii), as         The facility has an     Y
 amended by HREA.                installed capacity
                                 that does not exceed
                                 5 megawatts.
FPA 30(a)(3)(C)(iii), as        On or before August 9,  Y
 amended by HREA.                2013, the facility is
                                 not licensed, or
                                 exempted from the
                                 licensing
                                 requirements of Part
                                 I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: Based upon the above criteria, 
Commission staff preliminarily determines that the proposal satisfies 
the requirements for a qualifying conduit hydropower facility, which is 
not required to be licensed or exempted from licensing.
    Comments and Motions to Intervene: Deadline for filing comments 
contesting whether the facility meets the qualifying criteria is 45 
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the 
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance 
with the requirements of Rules of Practice and Procedure, 18 CFR 
385.210 and 385.214. Any motions to intervene must be received on or 
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1) 
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR 
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as 
applicable; (2) state in the heading the name of the applicant and the 
project number of the application to which the

[[Page 22509]]

filing responds; (3) state the name, address, and telephone number of 
the person filing; and (4) otherwise comply with the requirements of 
sections 385.2001 through 385.2005 of the Commission's regulations.\1\ 
All comments contesting Commission staff's preliminary determination 
that the facility meets the qualifying criteria must set forth their 
evidentiary basis.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2014).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filing. Please file 
motions to intervene and comments 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. 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.
    Locations of Notice of Intent: Copies of the notice of intent can 
be obtained directly from the applicant or such copies can be viewed 
and reproduced at the Commission in its Public Reference Room, Room 2A, 
888 First Street NE., Washington, DC 20426. The filing may also be 
viewed on the Web at http://www.ferc.gov/docs-filing/elibrary.asp using 
the ``eLibrary'' link. Enter the docket number (e.g., CD15-22) in the 
docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or email [email protected]. For TTY, call 
(202) 502-8659.

    Dated: April 15, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-09224 Filed 4-21-15; 8:45 am]
 BILLING CODE 6717-01-P



                                                    22508                        Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices

                                                    must mail a copy to the applicant and                   Commission (except for the mailing of                  amended by section 4 of the
                                                    to every other party. Only parties to the               environmental documents issued by the                  Hydropower Regulatory Efficiency Act
                                                    proceeding can ask for court review of                  Commission) and will not have the right                of 2013 (HREA). The proposed Plant 134
                                                    Commission orders in the proceeding.                    to seek court review of the                            Hydroelectric Project would have an
                                                       However, a person does not have to                   Commission’s final order.                              installed capacity of 242 kilowatts (kW),
                                                    intervene in order to have comments                       The Commission strongly encourages                   and would be located at East Valley
                                                    considered. The second way to                           electronic filings of comments, protests               Water District’s existing Water
                                                    participate is by filing with the                       and interventions in lieu of paper using               Treatment Plant 134. The project would
                                                    Secretary of the Commission, as soon as                 the ‘‘eFiling’’ link at http://                        be located in the city of Highland in San
                                                    possible, an original and two copies of                 www.ferc.gov. Persons unable to file                   Bernardino County, California.
                                                    comments in support of or in opposition                 electronically should submit an original                 Applicant Contact: Mr. Eliseo Ochoa,
                                                    to this project. The Commission will                    and five copies of the protest or                      31111 Greenspot Road, Highland, CA
                                                    consider these comments in                              intervention to the Federal Energy                     92346, Phone No. (909) 888–8986.
                                                    determining the appropriate action to be                Regulatory Commission, 888 First Street
                                                                                                                                                                     FERC Contact: Christopher Chaney,
                                                    taken, but the filing of a comment alone                NE., Washington, DC 20426.
                                                                                                              Comment Date: May 6, 2015.                           Phone No. (202) 502–6778, email:
                                                    will not serve to make the filer a party
                                                                                                                                                                   christopher.chaney@ferc.gov.
                                                    to the proceeding. The Commission’s                       Dated: April 15, 2015.
                                                    rules require that persons filing                                                                                Qualifying Conduit Hydropower
                                                                                                            Kimberly D. Bose,
                                                    comments in opposition to the project                                                                          Facility Description: The proposed
                                                                                                            Secretary.                                             project would consist of: (1) A proposed
                                                    provide copies of their protests only to
                                                                                                            [FR Doc. 2015–09220 Filed 4–21–15; 8:45 am]            870-square-foot powerhouse; (2) an 18-
                                                    the party or parties directly involved in
                                                    the protest.                                            BILLING CODE 6717–01–P                                 inch-diameter intake pipe branching off
                                                       Persons who wish to comment only                                                                            the 300-foot-long, 24-inch-diameter
                                                    on the environmental review of this                                                                            pipeline coming from the existing
                                                                                                            DEPARTMENT OF ENERGY                                   Inflow Control Structure; (3) two pump-
                                                    project should submit an original and
                                                    two copies of their comments to the                     Federal Energy Regulatory                              as-turbine units connected to two
                                                    Secretary of the Commission.                            Commission                                             generators with installed capacities of
                                                    Environmental commenters will be                                                                               56 kW and 186 kW, for a total installed
                                                    placed on the Commission’s                              [Docket No. CD15–22–000]                               capacity of 242 kW; (4) an 18-inch-
                                                    environmental mailing list, will receive                                                                       diameter discharge pipe returning water
                                                                                                            East Valley Water District; Notice of                  to a 24-inch-diameter, 130-foot-long
                                                    copies of the environmental documents,
                                                                                                            Preliminary Determination of a                         pipeline to the existing Filtration Plant;
                                                    and will be notified of meetings
                                                                                                            Qualifying Conduit Hydropower                          and (5) appurtenant facilities. The
                                                    associated with the Commission’s
                                                                                                            Facility and Soliciting Comments and                   proposed project would have an
                                                    environmental review process.
                                                                                                            Motions To Intervene                                   estimated annual generating capacity of
                                                    Environmental commenters will not be
                                                    required to serve copies of filed                         On April 2, 2015, East Valley Water                  1,035 megawatt-hours.
                                                    documents on all other parties.                         District filed a notice of intent to                     A qualifying conduit hydropower
                                                    However, the non-party commenters                       construct a qualifying conduit                         facility is one that is determined or
                                                    will not receive copies of all documents                hydropower facility, pursuant to section               deemed to meet all of the criteria shown
                                                    filed by other parties or issued by the                 30 of the Federal Power Act (FPA), as                  in the table below.

                                                                                      TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY
                                                                                                                                                                                                           Satisfies
                                                                 Statutory provision                                                                 Description                                            (Y/N)

                                                    FPA 30(a)(3)(A), as amended by HREA .....            The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or            Y
                                                                                                           similar manmade water conveyance that is operated for the distribution of water for
                                                                                                           agricultural, municipal, or industrial consumption and not primarily for the generation
                                                                                                           of electricity.
                                                    FPA 30(a)(3)(C)(i), as amended by HREA ..            The facility is constructed, operated, or maintained for the generation of electric power         Y
                                                                                                           and uses for such generation only the hydroelectric potential of a non-federally
                                                                                                           owned conduit.
                                                    FPA 30(a)(3)(C)(ii), as amended by HREA              The facility has an installed capacity that does not exceed 5 megawatts .......................   Y
                                                    FPA 30(a)(3)(C)(iii), as amended by HREA             On or before August 9, 2013, the facility is not licensed, or exempted from the licens-           Y
                                                                                                           ing requirements of Part I of the FPA.



                                                      Preliminary Determination: Based                        Deadline for filing motions to                          Filing and Service of Responsive
                                                    upon the above criteria, Commission                     intervene is 30 days from the issuance                 Documents: All filings must (1) bear in
                                                    staff preliminarily determines that the                 date of this notice.                                   all capital letters the ‘‘COMMENTS
                                                    proposal satisfies the requirements for a
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                                                                                                              Anyone may submit comments or a                      CONTESTING QUALIFICATION FOR A
                                                    qualifying conduit hydropower facility,                 motion to intervene in accordance with                 CONDUIT HYDROPOWER FACILITY’’
                                                    which is not required to be licensed or                                                                        or ‘‘MOTION TO INTERVENE,’’ as
                                                                                                            the requirements of Rules of Practice
                                                    exempted from licensing.                                                                                       applicable; (2) state in the heading the
                                                      Comments and Motions to Intervene:                    and Procedure, 18 CFR 385.210 and
                                                                                                            385.214. Any motions to intervene must                 name of the applicant and the project
                                                    Deadline for filing comments contesting                                                                        number of the application to which the
                                                    whether the facility meets the qualifying               be received on or before the specified
                                                    criteria is 45 days from the issuance                   deadline date for the particular
                                                    date of this notice.                                    proceeding.


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                                                                                  Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices                                           22509

                                                    filing responds; (3) state the name,                     DEPARTMENT OF ENERGY                                  esubscription.asp to be notified via
                                                    address, and telephone number of the                                                                           email of new filings and issuances
                                                    person filing; and (4) otherwise comply                  Federal Energy Regulatory                             related to this or other pending projects.
                                                    with the requirements of sections                        Commission                                            For assistance, contact FERC Online
                                                    385.2001 through 385.2005 of the                         [Project No. 2179–043—California; Project             Support.
                                                    Commission’s regulations.1 All                           No. 2467–020—California]                                 All comments must be filed by Friday,
                                                    comments contesting Commission staff’s                                                                         May 29, 2015, and should reference
                                                    preliminary determination that the                       Merced Irrigation District, Pacific Gas               Project Nos. 2179–043 and 2467–020.
                                                    facility meets the qualifying criteria                   and Electric Company; Notice of                       The Commission strongly encourages
                                                    must set forth their evidentiary basis.                  Availability of the Draft Environmental               electronic filing. Please file comments
                                                                                                             Impact Statement for the Merced River                 using the Commission’s efiling system
                                                       The Commission strongly encourages                    and Merced Falls Hydroelectric                        at http://www.ferc.gov/docs-filing/
                                                    electronic filing. Please file motions to                Projects and Intention To Hold Public                 efiling.asp. Commenters can submit
                                                    intervene and comments using the                         Meetings                                              brief comments up to 6,000 characters,
                                                    Commission’s eFiling system at http://                                                                         without prior registration, using the
                                                    www.ferc.gov/docs-filing/efiling.asp.                       In accordance with the National                    eComment system at http://
                                                    Commenters can submit brief comments                     Environmental Policy Act of 1969 and                  www.ferc.gov/docs-filing/
                                                    up to 6,000 characters, without prior                    the Federal Energy Regulatory                         ecomment.asp. You must include your
                                                    registration, using the eComment system                  Commission (Commission or FERC)                       name and contact information at the end
                                                                                                             regulations contained in the Code of                  of your comments. For assistance,
                                                    at http://www.ferc.gov/docs-filing/
                                                                                                             Federal Regulations (CFR) (18 CFR Part                please contact FERC Online Support. In
                                                    ecomment.asp. You must include your
                                                                                                             380 [FERC Order No. 486, 52 FR                        lieu of electronic filing, please send a
                                                    name and contact information at the end                  47897]), the Office of Energy Projects
                                                    of your comments. For assistance,                                                                              paper copy to: Kimberly D. Bose,
                                                                                                             has reviewed the applications for                     Secretary, Federal Energy Regulatory
                                                    please contact FERC Online Support at                    license for the Merced River
                                                    FERCOnlineSupport@ferc.gov, (866)                                                                              Commission, 888 First Street NE.,
                                                                                                             Hydroelectric Project (FERC No. 2179),                Washington, DC 20426.
                                                    208–3676 (toll free), or (202) 502–8659                  and the Merced Falls Hydroelectric
                                                    (TTY). In lieu of electronic filing, please                                                                       Anyone may intervene in this
                                                                                                             Project (FERC No. 2467) and prepared a                proceeding based on this draft EIS (18
                                                    send a paper copy to: Secretary, Federal                 draft multi-project environmental                     CFR 380.10). You must file your request
                                                    Energy Regulatory Commission, 888                        impact statement (EIS) for the projects.              to intervene as specified above. You do
                                                    First Street NE., Washington, DC 20426.                     Both projects are located on the
                                                                                                                                                                   not need intervenor status to have your
                                                    A copy of all other filings in reference                 Merced River. The Merced River Project
                                                                                                                                                                   comments considered.
                                                    to this application must be accompanied                  consists of the New Exchequer and                        In addition to or in lieu of sending
                                                    by proof of service on all persons listed                McSwain developments, which are                       written comments, you are invited to
                                                    in the service list prepared by the                      located at river miles (RM) 62.5 and                  attend public meetings that will be held
                                                    Commission in this proceeding, in                        56.3, respectively, about 23 miles                    to receive comments on the draft EIS.
                                                    accordance with 18 CFR 4.34(b) and                       northeast of the city of Merced in                    The agency scoping meeting will focus
                                                    385.2010.                                                Mariposa County, California. The                      on resource agency and non-
                                                                                                             Merced River Project occupies 3,154.9                 governmental organization input, while
                                                       Locations of Notice of Intent: Copies                 acres of federal land administered by
                                                    of the notice of intent can be obtained                                                                        the public scoping meeting is primarily
                                                                                                             the U.S. Department of the Interior,                  for public input. All interested
                                                    directly from the applicant or such                      Bureau of Land Management (BLM).
                                                    copies can be viewed and reproduced at                                                                         individuals, organizations, and agencies
                                                                                                             The Merced Falls Project is located at                are invited to attend one or both of the
                                                    the Commission in its Public Reference                   RM 55 on the border of Merced and
                                                    Room, Room 2A, 888 First Street NE.,                                                                           meetings. The time and locations of the
                                                                                                             Mariposa Counties, California. The                    meetings are as follows:
                                                    Washington, DC 20426. The filing may                     Merced Falls Project occupies 1.0 acre
                                                    also be viewed on the Web at http://                     of federal land administered by BLM.                  Agency Meeting
                                                    www.ferc.gov/docs-filing/elibrary.asp                       The draft EIS contains staff’s analysis              Date: Thursday, April 30, 2015.
                                                    using the ‘‘eLibrary’’ link. Enter the                   of the applicants’ proposals and the                    Time: 10:00 a.m.
                                                    docket number (e.g., CD15–22) in the                     alternatives for relicensing the Merced                 Place: El Capitan Lodge at the Merced
                                                    docket number field to access the                        River and Merced Falls Projects. The                  County Fairgrounds.
                                                    document. For assistance, call toll-free                 draft EIS documents the views of                        Address: 900 Martin Luther King Jr.
                                                    1–866–208–3676 or email                                  governmental agencies, non-                           Way, Merced, CA 95341.
                                                    FERCOnlineSupport@ferc.gov. For TTY,                     governmental organizations, affected
                                                                                                             Indian tribes, the public, the license                Public Meeting
                                                    call (202) 502–8659.
                                                                                                             applicants, and Commission staff.                       Date: Thursday, April 30, 2015.
                                                      Dated: April 15, 2015.                                    A copy of the draft EIS is available for             Time: 6:00 p.m.
                                                    Kimberly D. Bose,                                        review at the Commission or may be                      Place: San Joaquin Hall at the Merced
                                                    Secretary.                                               viewed on the Commission’s Web site at                County Fairgrounds.
                                                    [FR Doc. 2015–09224 Filed 4–21–15; 8:45 am]              http://www.ferc.gov, using the ‘‘e-                     Address: 900 Martin Luther King Jr.
                                                                                                             Library’’ link. Enter the docket number,              Way, Merced, CA 95341.
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                                                    BILLING CODE 6717–01–P
                                                                                                             excluding the last three digits, to access              At these meetings, resource agency
                                                                                                             the document. For assistance, contact                 personnel and other interested persons
                                                                                                             FERC Online Support at                                will have the opportunity to provide
                                                                                                             FERCOnlineSupport@ferc.gov or toll-                   oral and written comments and
                                                                                                             free at (866) 208–3676, or for TTY,                   recommendations regarding the draft
                                                                                                             contact (202) 502–8659.                               EIS. The meetings will be recorded by
                                                                                                                You may also register online at                    a court reporter, and all statements
                                                      1 18   CFR 385.2001–2005 (2014).                       http://www.ferc.gov/docs-filing/                      (verbal and written) will become part of


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Document Created: 2015-12-16 08:28:26
Document Modified: 2015-12-16 08:28:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 22508 

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