81_FR_70612 81 FR 70415 - Joseph W. Yeamans; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene

81 FR 70415 - Joseph W. Yeamans; 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 197 (October 12, 2016)

Page Range70415-70416
FR Document2016-24614

Federal Register, Volume 81 Issue 197 (Wednesday, October 12, 2016)
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Pages 70415-70416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24614]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD16-22-000]


Joseph W. Yeamans; Notice of Preliminary Determination of a 
Qualifying Conduit Hydropower Facility and Soliciting Comments and 
Motions To Intervene

    On September 23, 2016, Joseph W. Yeamans 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 
FMC 33B Micro-hydro Project would have an installed capacity of 5 
kilowatts (kW), and would be located along an existing irrigation 
pipeline on the applicant's land. The project would be located near the 
Town of Paonia in Delta County, Colorado.
    Applicant Contact: Joseph W. Yeamans, 15445 Amsbury Rd., Paonia, CO 
81428 Phone No. (970) 527-4323.
    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 approximately 17-foot by 9-foot 
underground concrete vault containing one 4-jet Turgo turbine/
generating unit with an installed capacity of 5 kW; (2) a 387-foot-
long, 12-inch-diameter penstock, which further reduces to a short, 8-
inch-diameter penstock with an 8-inch-diameter bypass; (3) four short, 
4-inch-diameter pipes supplying the turbine/generating unit's four 
jets; (4) a 75-foot-long, 15-inch-diameter tailrace pipe discharging 
water to an existing irrigation conduit; and (5) appurtenant 
facilities. The proposed project would have an estimated annual 
generating capacity of 12,000 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.
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

[[Page 70416]]

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 [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., CD16-22) 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: September 28, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-24614 Filed 10-11-16; 8:45 am]
 BILLING CODE 6717-01-P



                                                                            Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices                                              70415

                                                     The transferors and transferee seek                  www.ferc.gov/docs-filing/                             amended by section 4 of the
                                                  Commission approval to transfer the                     ecomment.asp. You must include your                   Hydropower Regulatory Efficiency Act
                                                  licenses for the above mentioned                        name and contact information at the end               of 2013 (HREA). The proposed FMC 33B
                                                  projects from the transferors to the                    of your comments. For assistance,                     Micro-hydro Project would have an
                                                  transferee.                                             please contact FERC Online Support at                 installed capacity of 5 kilowatts (kW),
                                                     Applicant Contacts: For Transferor:                  FERCOnlineSupport@ferc.gov, (866)                     and would be located along an existing
                                                  Mr. Stephen Pike, Vice President,                       208–3676 (toll free), or (202) 502–8659               irrigation pipeline on the applicant’s
                                                  Operations, Enel Green Power North                      (TTY). In lieu of electronic filing, please           land. The project would be located near
                                                  America, Inc., 1 Tech Drive, Suite 220,                 send a paper copy to: Secretary, Federal              the Town of Paonia in Delta County,
                                                  Andover, MA 01810, Email:                               Energy Regulatory Commission, 888                     Colorado.
                                                  Stephen.Pike@enel.com and General                       First Street NE., Washington, DC 20426.                  Applicant Contact: Joseph W.
                                                  Counsel, Enel Green Power North                         The first page of any filing should                   Yeamans, 15445 Amsbury Rd., Paonia,
                                                  America, Inc., 1 Tech Drive, Suite 220,                 include docket number P–2801–039, P–                  CO 81428 Phone No. (970) 527–4323.
                                                  Andover, MA 01810, Email:                               3025–027, P–4451–018, P–5261–021, P–
                                                                                                                                                                   FERC Contact: Christopher Chaney,
                                                  generalcounsel@enel.com. For                            5313–015, P–5702–017, P–8405–021,
                                                                                                                                                                Phone No. (202) 502–6778, email:
                                                  Transferee: Ms. Charlotte Ancel, Vice                   and P–11163–048.
                                                                                                                                                                Christopher.Chaney@ferc.gov.
                                                  President, Power Supply & General                         Dated: October 5, 2016.
                                                  Counsel, Green Mountain Power                                                                                    Qualifying Conduit Hydropower
                                                                                                          Kimberly D. Bose,                                     Facility Description: The proposed
                                                  Corporation, 163 Acorn Lane,                            Secretary.
                                                  Colchester, VT 05446, Email:                                                                                  project would consist of: (1) An
                                                                                                          [FR Doc. 2016–24602 Filed 10–11–16; 8:45 am]          approximately 17-foot by 9-foot
                                                  Charlotte.Ancel@
                                                  greenmountainpower.com and Ms.                          BILLING CODE 6717–01–P                                underground concrete vault containing
                                                  Elizabeth Kohler, Esq., Downs Rachlin                                                                         one 4-jet Turgo turbine/generating unit
                                                  Martin PLLC, 199 Main Street, P.O. Box                                                                        with an installed capacity of 5 kW; (2)
                                                                                                          DEPARTMENT OF ENERGY                                  a 387-foot-long, 12-inch-diameter
                                                  190, Burlington, VT 05402, Email:
                                                  EKohler@drm.com.                                                                                              penstock, which further reduces to a
                                                                                                          Federal Energy Regulatory
                                                     FERC Contact: Patricia W. Gillis, (202)                                                                    short, 8-inch-diameter penstock with an
                                                                                                          Commission
                                                  502–8735.                                                                                                     8-inch-diameter bypass; (3) four short,
                                                     Deadline for filing comments and                     [Docket No. CD16–22–000]                              4-inch-diameter pipes supplying the
                                                  motions to intervene: 30 days from the                                                                        turbine/generating unit’s four jets; (4) a
                                                                                                          Joseph W. Yeamans; Notice of                          75-foot-long, 15-inch-diameter tailrace
                                                  issuance date of this notice, by the
                                                                                                          Preliminary Determination of a                        pipe discharging water to an existing
                                                  Commission. The Commission strongly
                                                                                                          Qualifying Conduit Hydropower                         irrigation conduit; and (5) appurtenant
                                                  encourages electronic filing. Please file
                                                                                                          Facility and Soliciting Comments and                  facilities. The proposed project would
                                                  motions to intervene and comments
                                                                                                          Motions To Intervene                                  have an estimated annual generating
                                                  using the Commission’s eFiling system
                                                  at http://www.ferc.gov/docs-filing/                       On September 23, 2016, Joseph W.                    capacity of 12,000 kilowatt-hours.
                                                  efiling.asp. Commenters can submit                      Yeamans filed a notice of intent to                      A qualifying conduit hydropower
                                                  brief comments up to 6,000 characters,                  construct a qualifying conduit                        facility is one that is determined or
                                                  without prior registration, using the                   hydropower facility, pursuant to section              deemed to meet all of the criteria shown
                                                  eComment system at http://                              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 gen-
                                                                                                       eration of electricity.
                                                  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                          Comments and Motions To Intervene:                  and Procedure, 18 CFR 385.210 and
                                                  proposed addition of the hydroelectric                  Deadline for filing comments contesting               385.214. Any motions to intervene must
                                                  project along the existing irrigation                   whether the facility meets the qualifying             be received on or before the specified
                                                  pipeline will not alter its primary                     criteria is 45 days from the issuance                 deadline date for the particular
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                                                  purpose. Therefore, based upon the                      date of this notice.                                  proceeding.
                                                  above criteria, Commission staff                          Deadline for filing motions to                         Filing and Service of Responsive
                                                  preliminarily determines that the                       intervene is 30 days from the issuance                Documents: All filings must (1) bear in
                                                  proposal satisfies the requirements for a               date of this notice.                                  all capital letters the ‘‘COMMENTS
                                                  qualifying conduit hydropower facility,                   Anyone may submit comments or a                     CONTESTING QUALIFICATION FOR A
                                                  which is not required to be licensed or                 motion to intervene in accordance with                CONDUIT HYDROPOWER FACILITY’’
                                                  exempted from licensing.                                the requirements of Rules of Practice                 or ‘‘MOTION TO INTERVENE,’’ as


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                                                  70416                      Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices

                                                  applicable; (2) state in the heading the                 DEPARTMENT OF ENERGY                                  Commission, Public Reference Room,
                                                  name of the applicant and the project                                                                          888 First Street NE., Room 2A,
                                                  number of the application to which the                   Federal Energy Regulatory                             Washington, DC 20426, (202) 502–8371.
                                                  filing responds; (3) state the name,                     Commission                                               Any person wishing to comment on
                                                  address, and telephone number of the                     [Docket No. CP16–12–000]
                                                                                                                                                                 the EA may do so. Your comments
                                                  person filing; and (4) otherwise comply                                                                        should focus on the potential
                                                  with the requirements of sections                        Tennessee Gas Pipeline Company,                       environmental effects, reasonable
                                                  385.2001 through 385.2005 of the                         L.L.C.; Notice of Availability of the                 alternatives, and measures to avoid or
                                                                                                           Environmental Assessment for the                      lessen environmental impacts. The more
                                                  Commission’s regulations.1 All
                                                                                                           Proposed Southwest Louisiana Supply                   specific your comments, the more useful
                                                  comments contesting Commission staff’s
                                                                                                           Project                                               they will be. To ensure that the
                                                  preliminary determination that the                                                                             Commission has the opportunity to
                                                  facility meets the qualifying criteria                      The staff of the Federal Energy                    consider your comments prior to
                                                  must set forth their evidentiary basis.                  Regulatory Commission (FERC or                        making its decision on this project, it is
                                                     The Commission strongly encourages                    Commission) has prepared this                         important that we receive your
                                                  electronic filing. Please file motions to                environmental assessment (EA) for the                 comments in Washington, DC on or
                                                  intervene and comments using the                         Southwest Louisiana Supply Project                    before October 31, 2016.
                                                  Commission’s eFiling system at http://                   (Project) proposed by Tennessee Gas                      For your convenience, there are three
                                                                                                           Pipeline Company, L.L.C. (Tennessee)                  methods you can use to file your
                                                  www.ferc.gov/docs-filing/efiling.asp.
                                                                                                           in the above-referenced docket.                       comments to the Commission. In all
                                                  Commenters can submit brief comments
                                                                                                           Tennessee requests authorization to                   instances, please reference the project
                                                  up to 6,000 characters, without prior                    construct, operate, and maintain certain
                                                  registration, using the eComment system                                                                        docket number (CP16–12–000) with
                                                                                                           interstate natural gas transmission                   your submission. The Commission
                                                  at http://www.ferc.gov/docs-filing/                      facilities located in the state of
                                                  ecomment.asp. You must include your                                                                            encourages electronic filing of
                                                                                                           Louisiana to provide 295,000                          comments and has expert staff available
                                                  name and contact information at the end                  dekatherms per day of natural gas and                 to assist you at (202) 502–8258 or
                                                  of your comments. For assistance,                        firm transportation services on                       efiling@ferc.gov.
                                                  please contact FERC Online Support at                    Tennessee’s 800 Line system. The                         (1) You can file your comments
                                                  FERCOnlineSupport@ferc.gov, (866)                        purpose of the Project is to meet                     electronically using the eComment
                                                  208–3676 (toll free), or (202) 502–8659                  contractual obligations with Mitsubishi               feature on the Commission’s Web site
                                                  (TTY). In lieu of electronic filing, please              Corporation and MMGS, Inc.                            (www.ferc.gov) under the link to
                                                  send a paper copy to: Secretary, Federal                    The EA assesses the potential                      Documents and Filings. This is an easy
                                                  Energy Regulatory Commission, 888                        environmental effects of the                          method for submitting brief, text-only
                                                  First Street NE., Washington, DC 20426.                  construction and operation of the                     comments on a project;
                                                  A copy of all other filings in reference                 Project in accordance with the                           (2) You can also file your comments
                                                  to this application must be accompanied                  requirements of the National                          electronically using the eFiling feature
                                                  by proof of service on all persons listed                Environmental Policy Act (NEPA). The                  on the Commission’s Web site
                                                  in the service list prepared by the                      FERC staff concludes that approval of                 (www.ferc.gov) under the link to
                                                  Commission in this proceeding, in                        the proposed project, with appropriate                Documents and Filings. With eFiling,
                                                  accordance with 18 CFR 4.34(b) and                       mitigating measures, would not                        you can provide comments in a variety
                                                                                                           constitute a major federal action                     of formats by attaching them as a file
                                                  385.2010.
                                                                                                           significantly affecting the quality of the            with your submission. New eFiling
                                                     Locations of Notice of Intent: Copies                 human environment.                                    users must first create an account by
                                                  of the notice of intent can be obtained                     Tennessee proposes to construct a 2.4-             clicking on ‘‘eRegister.’’ You must select
                                                  directly from the applicant or such                      mile-long, 30-inch-diameter pipeline                  the type of filing you are making. If you
                                                  copies can be viewed and reproduced at                   lateral in Madison Parish, Louisiana; a               are filing a comment on a particular
                                                  the Commission in its Public Reference                   1.4-mile-long, 30-inch-diameter pipeline              project, please select ‘‘Comment on a
                                                  Room, Room 2A, 888 First Street NE.,                     lateral in Richland and Franklin                      Filing’’; or
                                                  Washington, DC 20426. The filing may                     Parishes, Louisiana; five meter stations;                (3) You can file a paper copy of your
                                                  also be viewed on the web at http://                     one new compressor station in Franklin                comments by mailing them to the
                                                  www.ferc.gov/docs-filing/elibrary.asp                    Parish, Louisiana; and replace a gas                  following address: Kimberly D. Bose,
                                                  using the ‘‘eLibrary’’ link. Enter the                   turbine engine at an existing compressor              Secretary, Federal Energy Regulatory
                                                  docket number (i.e., CD16–22) in the                     station in Rapides Parish, Louisiana.                 Commission, 888 First Street NE., Room
                                                  docket number field to access the                           The FERC staff mailed copies of the                1A, Washington, DC 20426.
                                                  document. For assistance, call toll-free                 EA to federal, state, and local                          Any person seeking to become a party
                                                                                                           government representatives and                        to the proceeding must file a motion to
                                                  1–866–208–3676 or email
                                                                                                           agencies; elected officials;                          intervene pursuant to Rule 214 of the
                                                  FERCOnlineSupport@ferc.gov. For TTY,
                                                                                                           environmental and public interest                     Commission’s Rules of Practice and
                                                  call (202) 502–8659.
                                                                                                           groups; Native American tribes;                       Procedures (18 CFR 385.214).1 Only
                                                    Dated: September 28, 2016.                             potentially affected landowners and                   intervenors have the right to seek
                                                  Kimberly D. Bose,                                        other interested individuals and groups;              rehearing of the Commission’s decision.
                                                                                                           newspapers and libraries in the project
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Secretary.                                                                                                     The Commission grants affected
                                                  [FR Doc. 2016–24614 Filed 10–11–16; 8:45 am]
                                                                                                           area; and parties to this proceeding. In              landowners and others with
                                                                                                           addition, the EA is available for public              environmental concerns intervenor
                                                  BILLING CODE 6717–01–P
                                                                                                           viewing on the FERC’s Web site                        status upon showing good cause by
                                                                                                           (www.ferc.gov) using the eLibrary link.               stating that they have a clear and direct
                                                                                                           A limited number of copies of the EA
                                                                                                           are available for distribution and public                1 See the previous discussion on the methods for
                                                    1 18   CFR 385.2001–2005 (2016).                       inspection at: Federal Energy Regulatory              filing comments.



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Document Created: 2016-10-12 00:55:38
Document Modified: 2016-10-12 00:55:38
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 70415 

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