81_FR_81311 81 FR 81089 - Shell Energy North America (US), L.P.; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing Process

81 FR 81089 - Shell Energy North America (US), L.P.; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing Process

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 81, Issue 222 (November 17, 2016)

Page Range81089-81090
FR Document2016-27619

Federal Register, Volume 81 Issue 222 (Thursday, November 17, 2016)
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81089-81090]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27619]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14795-001]


Shell Energy North America (US), L.P.; Notice of Intent To File 
License Application, Filing of Pre-Application Document, and Approving 
Use of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and 
Request to Use the Traditional Licensing Process.
    b. Project No.: 14795-001.

[[Page 81090]]

    c. Date Filed: October 3, 2016.
    d. Submitted By: Shell Energy North America (US), L.P.
    e. Name of Project: Hydro Battery Pearl Hill Project.
    f. Location: On the Columbia River and Rufus Woods Lake, near 
Bridgeport, Douglas County, Washington. The project would be located on 
state lands and the lower reservoir and power generation and pumping 
equipment would be located on Rufus Woods Lake, a reservoir operated by 
the Army Corps of Engineers.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Mr. Brian Johansen, Vice President 
Power Trading West, Shell Energy North America (US), L.P., 601 W. 1st 
Ave., Suite 1700, Spokane, Washington 99201; phone: (509) 688-6000.
    i. FERC Contact: Ryan Hansen at (202) 502-8074; or email at 
[email protected].
    j. Shell Energy North America (US), L.P. (Shell Energy) filed its 
request to use the Traditional Licensing Process on October 3, 2016. 
Shell Energy provided public notice of its request on October 13, 2016. 
In a letter dated November 9, 2016, the Director of the Division of 
Hydropower Licensing approved Shell Energy's request to use the 
Traditional Licensing Process.
    k. With this notice, we are designating Shell Energy as the 
Commission's non-federal representative for carrying out informal 
consultation pursuant to section 7 of the Endangered Species Act and 
section 305(b) of the Magnuson-Stevens Fishery Conservation and 
Management Act; and consultation pursuant to section 106 of the 
National Historic Preservation Act.
    l. Shell Energy filed a Pre-Application Document (PAD; including a 
proposed process plan and schedule) with the Commission, pursuant to 18 
CFR 5.6 of the Commission's regulations.
    m. A copy of the PAD is available for review at the Commission in 
the Public Reference Room or may be viewed on the Commission's Web site 
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket 
number, excluding the last three digits in the docket number field to 
access the document. For assistance, contact FERC Online Support at 
[email protected], (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at 
the address in paragraph h.
    n. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.

    Dated: November 9, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-27619 Filed 11-16-16; 8:45 am]
BILLING CODE 6717-01-P



                                                                              Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices                                            81089

                                                    least five (5) years, and availability of                  42. The Agreement and the Order                    UNITED STATES OF AMERICA
                                                    such records to staff upon reasonable                   shall apply to, and be binding upon,                  CONSUMER PRODUCT SAFETY
                                                    request.                                                PetSmart and each of its successors,                  COMMISSION
                                                       36. PetSmart represents and agrees                   transferees, and assigns; and a violation             In the Matter of: PETSMART, INC. CPSC
                                                    that it has designed and implemented                    of the Agreement or Order may subject                   Docket No.: 17–C0001
                                                    internal controls and procedures                        PetSmart, and each of its successors,                 ORDER
                                                    designed to ensure that, with respect to                transferees, and assigns, to appropriate
                                                    all consumer products imported,                                                                                  Upon consideration of the Settlement
                                                                                                            legal action.
                                                    manufactured, distributed or sold by                                                                          Agreement entered into between
                                                    PetSmart: (i) information required to be                   43. The Agreement and the Order                    PetSmart, Inc. (‘‘PetSmart’’), and the
                                                    disclosed by PetSmart to the                            constitute the complete agreement                     U.S. Consumer Product Safety
                                                    Commission is recorded, processed and                   between the parties on the subject                    Commission (‘‘Commission’’), and the
                                                    reported in accordance with applicable                  matter contained therein.                             Commission having jurisdiction over
                                                    law; (ii) all reporting made to the                        44. The Agreement may be used in                   the subject matter and over PetSmart,
                                                    Commission is timely, truthful,                         interpreting the Order. Understandings,               and it appearing that the Settlement
                                                    complete, accurate and in accordance                    agreements, representations, or                       Agreement and the Order are in the
                                                    with applicable law; and (iii) prompt                   interpretations apart from those                      public interest, it is:
                                                    disclosure is made to PetSmart’s                        contained in the Agreement and the                       ORDERED that the Settlement
                                                    management of any significant                           Order may not be used to vary or                      Agreement be, and is, hereby, accepted;
                                                    deficiencies or material weaknesses in                  contradict their terms. For purposes of               and it is
                                                    the design or operation of such internal                                                                         FURTHER ORDERED that PetSmart
                                                                                                            construction, the Agreement shall be
                                                    controls that are reasonably likely to                                                                        shall comply with the terms of the
                                                                                                            deemed to have been drafted by both of                Settlement Agreement and shall pay a
                                                    affect adversely, in any material respect,              the parties and shall not, therefore, be
                                                    PetSmart’s ability to record, process and                                                                     civil penalty in the amount of four
                                                                                                            construed against any party, for that                 million, two hundred fifty thousand
                                                    report to the Commission in accordance                  reason, in any subsequent dispute.
                                                    with applicable law.                                                                                          dollars ($4,250,000), within thirty (30)
                                                       37. Upon reasonable request of staff,                   45. The Agreement may not be                       days after service of the Commission’s
                                                    PetSmart shall provide written                          waived, amended, modified, or                         final Order accepting the Settlement
                                                    documentation of its internal controls                  otherwise altered, except as in                       Agreement. The payment shall be made
                                                    and procedures, including, but not                      accordance with the provisions of 16                  by electronic wire transfer to the
                                                    limited to, the effective dates of the                  CFR 1118.20(h). The Agreement may be                  Commission via: http://www.pay.gov.
                                                    procedures and improvements thereto.                    executed in counterparts.                             Upon the failure of PetSmart to make
                                                    PetSmart shall cooperate fully and                         46. If any provision of the Agreement              the foregoing payment when due,
                                                    truthfully with staff and shall, upon                   or the Order is held to be illegal,                   interest on the unpaid amount shall
                                                    reasonable notice make available all                    invalid, or unenforceable under present               accrue and be paid by PetSmart at the
                                                    non-privileged information and                          or future laws effective during the terms             federal legal rate of interest set forth at
                                                    materials, and personnel with direct                    of the Agreement and the Order, such                  28 U.S.C. 1961(a) and (b). If PetSmart
                                                    involvement in such procedures and                      provision shall be fully severable. The               fails to make such payment or to comply
                                                    deemed necessary by staff to evaluate                   balance of the Agreement and the Order                in full with any other provision of the
                                                    PetSmart’s compliance with the terms of                                                                       Settlement Agreement, such conduct
                                                                                                            shall remain in full force and effect,
                                                    the Agreement.                                                                                                will be considered a violation of the
                                                                                                            unless the Commission and PetSmart
                                                       38. The parties acknowledge and                                                                            Settlement Agreement and Order.
                                                                                                            agree in writing that severing the
                                                    agree that the Commission may                                                                    Provisionally accepted and provisional
                                                                                                            provision materially affects the purpose
                                                    publicize the terms of the Agreement                                                          Order issued on the 14th day of November,
                                                                                                            of the Agreement and the Order.
                                                    and the Order.                                                                                2016.
                                                       39. PetSmart represents that the                     PETSMART, INC.
                                                                                                                                                  BY ORDER OF THE COMMISSION:
                                                    Agreement: (i) is entered into freely and               Dated: October 28, 2016               lllllllllllllllllllll
                                                    voluntarily, without any degree of                      By: lllllllllllllllllll Todd A. Stevenson, Secretary
                                                    duress or compulsion whatsoever; (ii)                   Michael J. Massey                     U.S. Consumer Product Safety Commission
                                                    has been duly authorized; and (iii)                     President and Chief Executive Officer [FR Doc. 2016–27644 Filed 11–16–16; 8:45 am]
                                                    constitutes the valid and binding                       PetSmart, Inc.                        BILLING CODE 6355–01–P
                                                    obligation of PetSmart, enforceable                     Dated: October 28, 2016
                                                    against PetSmart in accordance with its                 By: lllllllllllllllllll
                                                    terms. PetSmart will not directly or                    Jeffrey B. Margulies, Esq.            DEPARTMENT OF ENERGY
                                                    indirectly receive any reimbursement,                   Norton Rose Fulbright US LLP
                                                    indemnification, insurance related                      Counsel to PetSmart, Inc.             Federal Energy Regulatory
                                                    payment, or other payment in                            U.S. CONSUMER PRODUCT SAFETY                          Commission
                                                    connection with the civil penalty to be                 COMMISSION
                                                    paid by PetSmart pursuant to the                                                                              [Project No. 14795–001]
                                                    Agreement and Order. The individuals                    Mary T. Boyle
                                                                                                            General Counsel                                       Shell Energy North America (US), L.P.;
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    signing the Agreement on behalf of                                                                            Notice of Intent To File License
                                                    PetSmart represent and warrant that                     Mary B. Murphy
                                                                                                            Assistant General Counsel                             Application, Filing of Pre-Application
                                                    they are duly authorized by PetSmart to                                                                       Document, and Approving Use of the
                                                    execute the Agreement.                                  Dated: October 27, 2016
                                                                                                                                                                  Traditional Licensing Process
                                                       40. The signatories represent that they              By: lllllllllllllllllll
                                                    are authorized to execute this                          Philip Z. Brown                                         a. Type of Filing: Notice of Intent to
                                                    Agreement.                                              Trial Attorney                                        File License Application and Request to
                                                       41. The Agreement is governed by the                 Division of Compliance                                Use the Traditional Licensing Process.
                                                    laws of the United States.                              Office of the General Counsel                           b. Project No.: 14795–001.


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                                                    81090                     Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices

                                                       c. Date Filed: October 3, 2016.                      related to this or other pending projects.            First Street NE., Washington, DC 20426.
                                                       d. Submitted By: Shell Energy North                  For assistance, contact FERC Online                   The first page of any filing should
                                                    America (US), L.P.                                      Support.                                              include docket numbers P–2593–031
                                                       e. Name of Project: Hydro Battery                                                                          and P–2823–020.
                                                                                                              Dated: November 9, 2016.
                                                    Pearl Hill Project.                                                                                              The Commission’s Rules of Practice
                                                       f. Location: On the Columbia River                   Kimberly D. Bose,
                                                                                                                                                                  and Procedure require all interveners
                                                    and Rufus Woods Lake, near Bridgeport,                  Secretary.                                            filing documents with the Commission
                                                    Douglas County, Washington. The                         [FR Doc. 2016–27619 Filed 11–16–16; 8:45 am]          to serve a copy of that document on
                                                    project would be located on state lands                 BILLING CODE 6717–01–P                                each person on the official service list
                                                    and the lower reservoir and power                                                                             for the project. Further, if an intervener
                                                    generation and pumping equipment                                                                              files comments or documents with the
                                                    would be located on Rufus Woods Lake,                   DEPARTMENT OF ENERGY                                  Commission relating to the merits of an
                                                    a reservoir operated by the Army Corps                                                                        issue that may affect the responsibilities
                                                    of Engineers.                                           Federal Energy Regulatory
                                                                                                                                                                  of a particular resource agency, they
                                                       g. Filed Pursuant to: 18 CFR 5.3 of the              Commission
                                                                                                                                                                  must also serve a copy of the document
                                                    Commission’s regulations.                               [Project Nos. 2593–031; 2823–020]                     on that resource agency.
                                                       h. Potential Applicant Contact: Mr.                                                                           k. These applications are not ready for
                                                    Brian Johansen, Vice President Power                    Algonquin Power (Beaver Falls), LLC;                  environmental analysis at this time.
                                                    Trading West, Shell Energy North                        Notice of Scoping Meetings and                           l. The existing project works are as
                                                    America (US), L.P., 601 W. 1st Ave.,                    Environmental Site Review and                         follows:
                                                    Suite 1700, Spokane, Washington                         Soliciting Scoping Comments                              The Upper Beaver Falls Project
                                                    99201; phone: (509) 688–6000.                                                                                 consists of: (1) A 328-foot-long, 25-foot-
                                                       i. FERC Contact: Ryan Hansen at (202)                   Take notice that the following                     high concrete gravity dam with an
                                                    502–8074; or email at ryan.hansen@                      hydroelectric applications have been                  uncontrolled overflow spillway; (2) a
                                                    ferc.gov.                                               filed with the Commission and are                     48-acre reservoir with a storage capacity
                                                       j. Shell Energy North America (US),                  available for public inspection:                      of 800 acre-feet at elevation 799.4 feet
                                                    L.P. (Shell Energy) filed its request to                   a. Type of Application: Subsequent                 North American Vertical Datum of 1988
                                                    use the Traditional Licensing Process on                Licenses.                                             (NAVD 88); (3) a 17-foot-high, 26.5-foot-
                                                    October 3, 2016. Shell Energy provided                     b. Project Nos.: 2593–031 and 2823–                wide, 27.5-foot-long intake structure
                                                    public notice of its request on October                 020.                                                  with a steel trash rack with 2 5/8-inch
                                                    13, 2016. In a letter dated November 9,                    c. Date filed: December 30, 2015.                  clear spacing; (4) a 90-foot-long, 16-foot-
                                                    2016, the Director of the Division of                      d. Applicant: Algonquin Power                      wide, 8-foot-high concrete penstock; (5)
                                                    Hydropower Licensing approved Shell                     (Beaver Falls), LLC.                                  a powerhouse containing one turbine-
                                                    Energy’s request to use the Traditional                    e. Name of Project: Upper Beaver                   generator with a nameplate rating of
                                                    Licensing Process.                                      Falls Hydroelectric Project and Lower                 1,500 kilowatts (kW); (6) a tailrace
                                                       k. With this notice, we are designating              Beaver Falls Hydroelectric Project.                   excavated in the riverbed; (7) a 2,120-
                                                    Shell Energy as the Commission’s non-                      f. Location: On the Beaver River in                foot-long, 2.4-kilovolt (kV) overhead and
                                                    federal representative for carrying out                 Lewis County, New York. The projects                  underground transmission line
                                                    informal consultation pursuant to                       are not located on federal lands.                     connecting to an existing substation;
                                                    section 7 of the Endangered Species Act                    g. Filed Pursuant to: Federal Power                and (8) other appurtenances. The project
                                                    and section 305(b) of the Magnuson-                     Act 16 U.S.C. 791(a)–825(r).                          generates about 8,685 megawatt-hours
                                                    Stevens Fishery Conservation and                           h. Applicant Contact: Robert A. Gates,             (MWh) annually.
                                                    Management Act; and consultation                        Executive Vice President, Eagle Creek                    The Lower Beaver Falls Hydroelectric
                                                    pursuant to section 106 of the National                 Renewable Energy, 116 N. State Street,                Project consists of: (1) A 400-foot-long
                                                    Historic Preservation Act.                              P.O. Box 167, Neshkoro, WI 54960–                     concrete gravity dam with a maximum
                                                       l. Shell Energy filed a Pre-Application              0167; (973) 998–8403; bob.gates@                      height of 14 feet, including: (i) A 240-
                                                    Document (PAD; including a proposed                     eaglecreekre.com.                                     foot-long non-overflow section
                                                    process plan and schedule) with the                        i. FERC Contact: Andy Bernick, (202)               containing an 8-foot-wide spillway
                                                    Commission, pursuant to 18 CFR 5.6 of                   502–8660 or andrew.bernick@ferc.gov.                  topped with flashboards ranging from 6
                                                    the Commission’s regulations.                              j. Deadline for filing scoping                     to 8 inches in height and (ii) a 160-foot-
                                                       m. A copy of the PAD is available for                comments: January 12, 2017.                           long overflow section with an ice sluice
                                                    review at the Commission in the Public                     The Commission strongly encourages                 opening; (2) a 4-acre reservoir with a
                                                    Reference Room or may be viewed on                      electronic filing. Please file scoping                storage capacity of 27.9 acre-feet at a
                                                    the Commission’s Web site (http://                      comments using the Commission’s                       normal elevation of 769.6 feet NAVD 88;
                                                    www.ferc.gov), using the ‘‘eLibrary’’                   eFiling system at http://www.ferc.gov/                (3) an intake structure with a steel trash
                                                    link. Enter the docket number,                          docs-filing/efiling.asp. Commenters can               rack with 1 3/4-inch clear spacing,
                                                    excluding the last three digits in the                  submit brief comments up to 6,000                     integral with a powerhouse containing
                                                    docket number field to access the                       characters, without prior registration,               two 500-kW turbine and generator units;
                                                    document. For assistance, contact FERC                  using the eComment system at http://                  (4) a tailrace; (5) a 505-foot-long, 2.4-kV
                                                    Online Support at                                       www.ferc.gov/docs-filing/                             transmission line connected to the
                                                    FERCONlineSupport@ferc.gov, (866)                       ecomment.asp. You must include your                   Upper Beaver Falls powerhouse; and (6)
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    208–3676 (toll free), or (202) 502–8659                 name and contact information at the end               appurtenant facilities. The project
                                                    (TTY). A copy is also available for                     of your comments. For assistance,                     generates about 5,617 MWh annually.
                                                    inspection and reproduction at the                      please contact FERC Online Support at                    The Lower Beaver Falls Project is
                                                    address in paragraph h.                                 FERCOnlineSupport@ferc.gov, (866)                     located approximately 600 feet
                                                       n. Register online at http://                        208–3676 (toll free), or (202) 502–8659               downstream of the Upper Beaver Falls
                                                    www.ferc.gov/docs-filing/                               (TTY). In lieu of electronic filing, please           Project. The dams and existing project
                                                    esubscription.asp to be notified via                    send a paper copy to: Secretary, Federal              facilities for both projects are owned by
                                                    email of new filing and issuances                       Energy Regulatory Commission, 888                     the applicant. The applicant proposes


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Document Created: 2016-11-17 02:59:24
Document Modified: 2016-11-17 02:59:24
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 81089 

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