81 FR 42346 - City of Libby, MT; 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 81, Issue 125 (June 29, 2016)

[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42346-42347]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15386]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No., CD16-14-000]


City of Libby, MT; Notice of Preliminary Determination of a 
Qualifying Conduit Hydropower Facility and Soliciting Comments and 
Motions To Intervene

    On June 10, 2016, the City of Libby, MT 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 Libby 
PRV Station Hydroelectric Project would have an installed capacity of 
18 kilowatts (kW) and would be located at a 10-inch-diameter pipe in a 
pressure reducing station at the City of Libby water treatment plant 
The project would be located near the City of Libby in Lincoln County, 
Montana.
    Applicant Contact: Nathan Smith, 14961 NE 95th Street, Redmond, WA 
98052, Phone No. (425) 861-8870.
    FERC Contact: Robert Bell, Phone No. (202) 502-6062, email: 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) A proposed 18-kW turbine placed in a 10-
inch-diameter pipeline which the facility is entirely housed in the 
pressure reducing station, (2) appurtenant facilities. The proposed 
project would have an estimated annual generating capacity of 145 
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 is a        Y
 HREA.                           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 has preliminarily determined that the proposal 
satisfies the requirements for a qualifying conduit hydropower facility 
under 16 U.S.C. 823a, and is exempted from the licensing requirements 
of the FPA.
    Comments and Motions to Intervene: The deadline for filing comments 
contesting whether the facility meets the qualifying criteria is 45 
days from the issuance date of this notice.

[[Page 42347]]

    The 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 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.
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    \1\ 18 CFR 385.2001-2005 (2015).
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    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., CD16-14-000) 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: June 23, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-15386 Filed 6-28-16; 8:45 am]
 BILLING CODE 6717-01-P