81_FR_64633 81 FR 64451 - Mary Ann Gaston; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene

81 FR 64451 - Mary Ann Gaston; 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 182 (September 20, 2016)

Page Range64451-64452
FR Document2016-22599

Federal Register, Volume 81 Issue 182 (Tuesday, September 20, 2016)
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Pages 64451-64452]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22599]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD16-21-000]


Mary Ann Gaston; Notice of Preliminary Determination of a 
Qualifying Conduit Hydropower Facility and Soliciting Comments and 
Motions To Intervene

    On September 1, 2016, as supplemented on September 13, 2016, Mary 
Ann Gaston 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 Gaston Hydro Facility would have an 
installed capacity of 4 kilowatts (kW), and would be located near the 
end of an existing irrigation pipeline on the applicant's land. The 
project would be located near the Town of Norwood in San Miguel County, 
Colorado.
    Applicant Contact: Mary Ann Gaston, 1280 CR44ZN, Norwood, CO 81423 
Phone No. (970) 327-0333.
    FERC Contact: Christopher Chaney, Phone No. (202) 502-6778, email: 
Christopher.Chaney@ferc.gov.
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) A barrel housing containing one 4-jet 
Turgo turbine/generating unit with an installed capacity of 4 kW; (2) 4 
short, 2-inch-diameter intake manifold pipes; (3) one 8-inch-diameter 
tailrace pipe discharging water to an existing irrigation pond; and (4) 
appurtenant facilities. The proposed project would have an estimated 
annual generating capacity of 6,382 kilowatt-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.

[[Page 64452]]

 
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 amended  The facility has an                  Y
 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 along the existing irrigation pipeline will not 
alter its primary purpose. 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.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2016).
---------------------------------------------------------------------------

    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 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. 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., CD16-21) in the 
docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or email FERCOnlineSupport@ferc.gov. For TTY, call 
(202) 502-8659.

    Dated: September 14, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-22599 Filed 9-19-16; 8:45 am]
 BILLING CODE 6717-01-P



                                                                          Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices                                                 64451

                                                Schedule for Environmental Review                       Public Scoping Meetings. The Gulf                       Dated: September 14, 2016.
                                                Issuance of Notice of Availability of the               XPress Project did not utilize the FERC’s             Kimberly D. Bose,
                                                   final EIS—April 28, 2017                             Pre-filing environmental process, and                 Secretary.
                                                90-day Federal Authorization Decision                   on June 2, 2016, the Commission issued                [FR Doc. 2016–22604 Filed 9–19–16; 8:45 am]
                                                   Deadline—July 27, 2017                               a Notice of Intent to Prepare an                      BILLING CODE 6717–01–P
                                                                                                        Environmental Impact Statement for the
                                                   If a schedule change becomes
                                                                                                        Proposed Gulf XPress Project, Request
                                                necessary for the final EIS, an additional              for Comments on Environmental Issues,
                                                notice will be provided so that the                                                                           DEPARTMENT OF ENERGY
                                                                                                        and Notice of Public Scoping Meeting.
                                                relevant agencies are kept informed of                    The Notices of Intent were sent to our              Federal Energy Regulatory
                                                the projects’ progress.                                 environmental mailing list that include               Commission
                                                Project Description                                     federal, state, and local government
                                                                                                        agencies; elected officials; affected                 [Docket No. CD16–21–000]
                                                   The Mountaineer XPress Project
                                                                                                        landowners; regional environmental
                                                consists of new pipeline and                            groups and nongovernmental                            Mary Ann Gaston; Notice of
                                                compression facilities, all in the state of             organizations; Native Americans and                   Preliminary Determination of a
                                                West Virginia. The major proposed                       Indian tribes; local libraries and                    Qualifying Conduit Hydropower
                                                facilities include 163.9 miles of new 36-               newspapers; and other interested                      Facility and Soliciting Comments and
                                                inch-diameter pipeline in Marshall and                  parties. Major environmental issues                   Motions To Intervene
                                                Cabell Counties; 5.8 miles of new 24-                   raised during scoping included karst
                                                inch-diameter pipeline in Doddridge                                                                              On September 1, 2016, as
                                                                                                        terrain; impacts on groundwater and                   supplemented on September 13, 2016,
                                                County; 0.4 mile of replacement 30-                     surface waterbodies; impacts on forests;
                                                inch-diameter pipeline on segments of                                                                         Mary Ann Gaston filed a notice of intent
                                                                                                        impacts on special status species;
                                                Columbia Gas’ SM80 and SM80 loop                                                                              to construct a qualifying conduit
                                                                                                        impacts on property values and the use
                                                pipelines in Cabell County; three new                                                                         hydropower facility, pursuant to section
                                                                                                        of eminent domain; impacts on the local
                                                compressor stations (totaling 106,300                                                                         30 of the Federal Power Act (FPA), as
                                                                                                        economy; impacts on historic properties
                                                horsepower) in Doddridge, Calhoun,                                                                            amended by section 4 of the
                                                                                                        and districts; visual impacts from
                                                and Jackson Counties; two new                                                                                 Hydropower Regulatory Efficiency Act
                                                                                                        compressor stations; impacts on land
                                                regulating stations in Ripley and Cabell                                                                      of 2013 (HREA). The proposed Gaston
                                                                                                        use; impacts on air quality and noise
                                                Counties; and added compression at                                                                            Hydro Facility would have an installed
                                                                                                        from construction and operation of
                                                three existing compressor stations in                                                                         capacity of 4 kilowatts (kW), and would
                                                                                                        pipeline facilities; and public health
                                                Marshall, Wayne, and Kanawha                                                                                  be located near the end of an existing
                                                                                                        and safety.
                                                Counties.                                                 The U.S. Army Corps of Engineers;                   irrigation pipeline on the applicant’s
                                                   The Gulf XPress Project consists of                  U.S. Environmental Protection Agency;                 land. The project would be located near
                                                construction and operation of seven                     West Virginia Department of                           the Town of Norwood in San Miguel
                                                new compressor stations, and upgrades                   Environmental Protection; and West                    County, Colorado.
                                                at one existing meter station and one                   Virginia Division of Natural Resources                   Applicant Contact: Mary Ann Gaston,
                                                pending compressor station (under                       are cooperating agencies in the                       1280 CR44ZN, Norwood, CO 81423
                                                Docket No. CP15–539) on Columbia                        preparation of the EIS.                               Phone No. (970) 327–0333.
                                                Gulf’s existing system, spread across                                                                            FERC Contact: Christopher Chaney,
                                                Kentucky (Carter, Boyd, Rowan,                          Additional Information                                Phone No. (202) 502–6778, email:
                                                Garrard, and Metcalfe Counties),                           In order to receive notification of the            Christopher.Chaney@ferc.gov.
                                                Tennessee (Davidson and Wayne                           issuance of the EIS and to keep track of                 Qualifying Conduit Hydropower
                                                Counties), and Mississippi (Union and                   all formal issuances and submittals in                Facility Description: The proposed
                                                Grenada Counties).                                      specific dockets, the Commission offers               project would consist of: (1) A barrel
                                                                                                        a free service called eSubscription                   housing containing one 4-jet Turgo
                                                Background                                              (http://www.ferc.gov/docs-filing/                     turbine/generating unit with an
                                                   On September 16, 2015, the                           esubscription.asp). Additional data                   installed capacity of 4 kW; (2) 4 short,
                                                Commission staff granted Columbia Gas’                  about the projects can be obtained                    2-inch-diameter intake manifold pipes;
                                                request to use the FERC’s Pre-filing                    electronically through the Commission’s               (3) one 8-inch-diameter tailrace pipe
                                                environmental review process and                        Internet Web site (www.ferc.gov). Under               discharging water to an existing
                                                assigned the Mountaineer XPress Project                 ‘‘Dockets & Filings,’’ use the ‘‘eLibrary’’           irrigation pond; and (4) appurtenant
                                                temporary Docket No. PF15–31–000. On                    link, select ‘‘General Search’’ from the              facilities. The proposed project would
                                                November 18, 2015, the Commission                       menu, enter the docket numbers                        have an estimated annual generating
                                                issued a Notice of Intent to Prepare an                 excluding the last three digits (i.e.,                capacity of 6,382 kilowatt-hours.
                                                Environmental Impact Statement for the                  CP16–357 or CP16–361), and the search                    A qualifying conduit hydropower
                                                Planned Mountaineer XPress Project,                     dates. Questions about the projects can               facility is one that is determined or
                                                Request for Comments on                                 be directed to the Commission’s Office                deemed to meet all of the criteria shown
                                                Environmental Issues, and Notice of                     of External Affairs at (866) 208–FERC.                in the table below.

                                                                                  TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY
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                                                                                                                                                                                                  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 gen-
                                                                                                     eration of electricity.




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                                                64452                      Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices

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

                                                FPA 30(a)(3)(C)(i), as amended by HREA              The facility is constructed, operated, or maintained for the generation of electric             Y
                                                                                                      power and uses for such generation only the hydroelectric potential of a non-fed-
                                                                                                      erally owned conduit.
                                                FPA 30(a)(3)(C)(ii), as amended               by    The facility has an installed capacity that does not exceed 5 megawatts. .................      Y
                                                  HREA.
                                                FPA 30(a)(3)(C)(iii), as amended              by    On or before August 9, 2013, the facility is not licensed, or exempted from the li-             Y
                                                  HREA.                                              censing requirements of Part I of the FPA.



                                                   Preliminary Determination: The                        at http://www.ferc.gov/docs-filing/                   Creek Reusens Hydro, LLC (transferee)
                                                proposed addition of the hydroelectric                   ecomment.asp. You must include your                   filed an application for the transfer of
                                                project along the existing irrigation                    name and contact information at the end               license of the Reusens Project No. 2376.
                                                pipeline will not alter its primary                      of your comments. For assistance,                     The project is located on the James
                                                purpose. Therefore, based upon the                       please contact FERC Online Support at                 River in Amherst and Bedford counties,
                                                above criteria, Commission staff                         FERCOnlineSupport@ferc.gov, (866)                     Virginia.
                                                preliminarily determines that the                        208–3676 (toll free), or (202) 502–8659                  The applicants seek Commission
                                                proposal satisfies the requirements for a                (TTY). In lieu of electronic filing, please           approval to transfer the license for the
                                                qualifying conduit hydropower facility,                  send a paper copy to: Secretary, Federal              Reusens Project from Appalachian
                                                which is not required to be licensed or                  Energy Regulatory Commission, 888                     Power Company to Eagle Creek Reusens
                                                exempted from licensing.                                 First Street NE., Washington, DC 20426.               Hydro, LLC.
                                                   Comments and Motions to Intervene:                    A copy of all other filings in reference                 Applicants Contact: For transferor:
                                                Deadline for filing comments contesting                  to this application must be accompanied               Ms. Noelle J. Coates, American Electric
                                                whether the facility meets the qualifying                by proof of service on all persons listed             Service Corporation, Three James
                                                criteria is 45 days from the issuance                    in the service list prepared by the                   Center, 1051 E. Cary Street, Suite 1100,
                                                date of this notice.                                     Commission in this proceeding, in                     Richmond, VA 23219, Phone: 804–698–
                                                   Deadline for filing motions to                        accordance with 18 CFR 4.34(b) and                    5541, Email: njcoates@aep.com; Ms.
                                                intervene is 30 days from the issuance                   385.2010.                                             Amanda R. Connor, American Electric
                                                date of this notice.                                        Locations of Notice of Intent: Copies              Service Corporation, 801 Pennsylvania
                                                   Anyone may submit comments or a                       of the notice of intent can be obtained               Ave NW., Suite 735, Washington, DC
                                                motion to intervene in accordance with                   directly from the applicant or such                   20004–2615, Phone: 202–383–3436,
                                                the requirements of Rules of Practice                    copies can be viewed and reproduced at                Email: arconner@aep.com; and Mr. John
                                                and Procedure, 18 CFR 385.210 and                        the Commission in its Public Reference                A. Whittaker, IV and Ms. Kimberly
                                                385.214. Any motions to intervene must                   Room, Room 2A, 888 First Street NE.,                  Ognisty, Winston & Strawn LLP, 1700 K
                                                be received on or before the specified                   Washington, DC 20426. The filing may                  Street NW., Washington, DC 20006,
                                                deadline date for the particular                         also be viewed on the web at http://                  Phones: 202–282–5766 and 202–282–
                                                proceeding.                                              www.ferc.gov/docs-filing/elibrary.asp                 5217, Emails: jwhittaker@winston.com
                                                   Filing and Service of Responsive
                                                                                                         using the ‘‘eLibrary’’ link. Enter the                and koginsty@winston.com. For
                                                Documents: All filings must (1) bear in
                                                                                                         docket number (i.e., CD16–21) in the                  transferee: Mr. Bernard Cherry, Eagle
                                                all capital letters the ‘‘COMMENTS
                                                                                                         docket number field to access the                     Creek Reusens Hydro, LLC, 65 Madison
                                                CONTESTING QUALIFICATION FOR A
                                                                                                         document. For assistance, call toll-free              Avenue, Morristown, NJ 07960, Phone:
                                                CONDUIT HYDROPOWER FACILITY’’
                                                                                                         1–866–208–3676 or email                               973–998–8400, Email: Bud.cherry@
                                                or ‘‘MOTION TO INTERVENE,’’ as
                                                                                                         FERCOnlineSupport@ferc.gov. For TTY,                  eaglecreekre.com; and Mr. Donald H.
                                                applicable; (2) state in the heading the
                                                                                                         call (202) 502–8659.                                  Clarke and Mr. Joshua E. Adrian,
                                                name of the applicant and the project
                                                number of the application to which the                     Dated: September 14, 2016.                          Duncan, Weinberg, Genzer & Pembroke,
                                                filing responds; (3) state the name,                     Kimberly D. Bose,                                     P.C., 1615 M Street NW., Suite 800,
                                                address, and telephone number of the                     Secretary.
                                                                                                                                                               Washington, DC 20036, Emails: dhc@
                                                person filing; and (4) otherwise comply                                                                        dwgp.com and jea@dwgp.com.
                                                                                                         [FR Doc. 2016–22599 Filed 9–19–16; 8:45 am]
                                                with the requirements of sections                                                                                 FERC Contact: Patricia W. Gillis, (202)
                                                                                                         BILLING CODE 6717–01–P
                                                385.2001 through 385.2005 of the                                                                               502–8735, patricia.gillis@ferc.gov.
                                                Commission’s regulations.1 All                                                                                    Deadline for filing comments, motions
                                                comments contesting Commission staff’s                   DEPARTMENT OF ENERGY                                  to intervene, and protests: 30 days from
                                                preliminary determination that the                                                                             the date that the Commission issues this
                                                facility meets the qualifying criteria                   Federal Energy Regulatory                             notice. The Commission strongly
                                                must set forth their evidentiary basis.                  Commission                                            encourages electronic filing. Please file
                                                   The Commission strongly encourages                                                                          comments, motions to intervene, and
                                                                                                         [Project No. 2376–049]                                protests using the Commission’s eFiling
                                                electronic filing. Please file motions to
                                                                                                                                                               system at http://www.ferc.gov/docs-
sradovich on DSK3GMQ082PROD with NOTICES




                                                intervene and comments using the                         Appalachian Power Company, Eagle
                                                Commission’s eFiling system at http://                                                                         filing/efiling.asp. Commenters can
                                                                                                         Creek Reusens Hydro, LLC; Notice of
                                                www.ferc.gov/docs-filing/efiling.asp.                                                                          submit brief comments up to 6,000
                                                                                                         Application for Transfer of License and
                                                Commenters can submit brief comments                                                                           characters, without prior registration,
                                                                                                         Soliciting Comments, Motions To
                                                up to 6,000 characters, without prior                                                                          using the eComment system at http://
                                                                                                         Intervene, and Protests
                                                registration, using the eComment system                                                                        www.ferc.gov/docs-filing/
                                                                                                           On September 1, 2016, Appalachian                   ecomment.asp. You must include your
                                                  1 18   CFR 385.2001–2005 (2016).                       Power Company (transferor) and Eagle                  name and contact information at the end


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Document Created: 2018-02-09 13:20:07
Document Modified: 2018-02-09 13:20:07
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 Citation81 FR 64451 

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