81 FR 4278 - Thoreson Family Ranch, LLC; 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 16 (January 26, 2016)

[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4278-4279]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01461]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD16-5-000]


Thoreson Family Ranch, LLC; Notice of Preliminary Determination 
of a Qualifying Conduit Hydropower Facility and Soliciting Comments and 
Motions To Intervene

    On January 5, 2016, as supplemented on January 14 and 15, 2016, 
Thoreson Family Ranch, LLC, 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 Thoreson Family 
Ranch Project would have an installed capacity of 2 kilowatts (kW), and 
would be located at the end of an existing 6-inch-diameter irrigation 
pipeline. The project would be located near Cottage Grove, in Lane 
County, Oregon.
    Applicant Contact: Stephen Joel Thoreson, 319 North 20th Street, 
Cottage Grove, Oregon 97424, Phone No. (541) 942-7407.
    FERC Contact: Christopher Chaney, Phone No. (202) 502-6778, email: 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) An existing pump house, approximately 8 
feet by 10 feet, at the end of an existing 6-inch-diameter irrigation 
pipeline; (2) one turbine/generator unit with an installed capacity of 
2 kW; (3) an approximately 5-foot-long tailrace, discharging to 
Damewood Creek; and (4) appurtenant facilities.
    The proposed project would have a total installed capacity of 2 kW.

[[Page 4279]]

    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: The proposed addition of the 
hydroelectric project to the Thoreson Family Ranch's existing 
irrigation conduit will not alter its primary purpose of distributing 
water for irrigation. Thoreson Family Ranch proposes to continue using 
the conduit, as it has historically, to irrigate fields during July, 
August, and September. Therefore, 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 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 (i.e., CD16-5) 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: January 20, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-01461 Filed 1-25-16; 8:45 am]
BILLING CODE 6717-01-P