81 FR 94365 - Greybull Valley Irrigation District; 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 247 (December 23, 2016)
Federal Energy Regulatory Commission
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94365-94366 | |
| FR Document | 2016-30933 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Notices] [Pages 94365-94366] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30933] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CD17-1-000] Greybull Valley Irrigation District; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene On December 7, 2016, the Greybull Valley Irrigation District 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 Greybull Valley Hydroelectric Project would have an installed capacity of 4,500 kilowatts (kW) and would be located at the end of the Roach Gulch Discharge Canal. The project would be located near the Town of Meeteetse in Park County, Wyoming. Applicant Contact: Ted Sorenson, Wyoming Water Power, LLC, 1032 Grandview Drive, Ivins, UT 84738, Phone No. (208) 589-6908. FERC Contact: Robert Bell, Phone No. (202) 502-6062, email: [email protected]. Qualifying Conduit Hydropower Facility Description: The proposed project would consist of: (1) A proposed 200-foot long, 60-inch- diameter intake pipe connected to the existing 60-inch Roach Gulch Discharge Canal; (2) a proposed 32' wide by 35' long powerhouse containing one generating unit with an installed capacity of 4,500-kW; (3) a proposed tailrace discharging directly into the Roach Gulch Discharge Canal; and (4) appurtenant facilities. The proposed project would have an estimated annual generating capacity of 11,221 megawatt- hours. A qualifying conduit hydropower facility is one that is determined or deemed to meet all of the criteria shown in the table below. Table 1--Criteria for Qualifying Conduit Hydropower Facility ------------------------------------------------------------------------ Satisfies Statutory provision Description (Y/N) ------------------------------------------------------------------------ FPA 30(a)(3)(A), as amended by The conduit is a tunnel, Y HREA. 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 by The facility is Y 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 amended On or before August 9, Y by HREA. 2013, the facility is not licensed, or exempted from the licensing requirements of Part I of the FPA. ------------------------------------------------------------------------ Preliminary Determination: Based upon the above criteria, Commission staff has preliminarily determined that the proposal satisfies the requirements for a qualifying conduit hydropower facility under 16 U.S.C. 823a, and is exempted from the licensing requirements of the FPA. Comments and Motions to Intervene: The deadline for filing comments contesting whether the facility meets the qualifying criteria is 45 days from the issuance date of this notice. The deadline for filing motions to intervene is 30 days from the issuance date of this notice. Anyone may submit comments or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210 and 385.214. Any motions to intervene must be received on or before the specified deadline date for the particular proceeding. Filing and Service of Responsive Documents: All filings must (1) bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as applicable; (2) state in the heading the name of the applicant and the project number of the application to which the filing responds; (3) state the name, address, and telephone number of the person filing; and (4) otherwise comply with the requirements of sections 385.2001 through 385.2005 of the Commission's regulations.\1\ All comments contesting Commission staff's preliminary determination that the facility meets the qualifying criteria must set forth their evidentiary basis. --------------------------------------------------------------------------- \1\ 18 CFR 385.2001-2005 (2015). --------------------------------------------------------------------------- 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 [[Page 94366]] copies can be viewed and reproduced at the Commission in its Public Reference Room, Room 2A, 888 First Street NE., Washington, DC 20426. The filing may also be viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using the ``eLibrary'' link. Enter the docket number (e.g., CD17-1-000) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or email [email protected]. For TTY, call (202) 502-8659. Dated: December 15, 2016. Kimberly Bose, Secretary. [FR Doc. 2016-30933 Filed 12-22-16; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices 94365
Commission’s eLibrary system by DEPARTMENT OF ENERGY Applicant Contact: Ted Sorenson,
clicking on the appropriate link in the Wyoming Water Power, LLC, 1032
above list. They are also available for Federal Energy Regulatory Grandview Drive, Ivins, UT 84738,
electronic review in the Commission’s Commission Phone No. (208) 589–6908.
Public Reference Room in Washington, [Docket No. CD17–1–000] FERC Contact: Robert Bell, Phone No.
DC. There is an eSubscription link on (202) 502–6062, email: robert.bell@
the Web site that enables subscribers to Greybull Valley Irrigation District; ferc.gov.
receive email notification when a Notice of Preliminary Determination of Qualifying Conduit Hydropower
document is added to a subscribed a Qualifying Conduit Hydropower Facility Description: The proposed
docket(s). For assistance with any FERC Facility and Soliciting Comments and project would consist of: (1) A proposed
Online service, please email Motions To Intervene 200-foot long, 60-inch-diameter intake
FERCOnlineSupport@ferc.gov or call On December 7, 2016, the Greybull pipe connected to the existing 60-inch
(866) 208–3676 (toll free). For TTY, call Valley Irrigation District filed a notice of Roach Gulch Discharge Canal; (2) a
(202) 502–8659. intent to construct a qualifying conduit proposed 32’ wide by 35’ long
hydropower facility, pursuant to section powerhouse containing one generating
Dated: December 19, 2016.
30 of the Federal Power Act (FPA), as unit with an installed capacity of 4,500-
Nathaniel J. Davis, Sr., kW; (3) a proposed tailrace discharging
amended by section 4 of the
Deputy Secretary. Hydropower Regulatory Efficiency Act directly into the Roach Gulch Discharge
[FR Doc. 2016–30978 Filed 12–22–16; 8:45 am] of 2013 (HREA). The proposed Greybull Canal; and (4) appurtenant facilities.
BILLING CODE 6717–01–P Valley Hydroelectric Project would have The proposed project would have an
an installed capacity of 4,500 kilowatts estimated annual generating capacity of
(kW) and would be located at the end 11,221 megawatt-hours.
of the Roach Gulch Discharge Canal. A qualifying conduit hydropower
The project would be located near the facility is one that is determined or
Town of Meeteetse in Park County, deemed to meet all of the criteria shown
Wyoming. 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 is a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar man- Y
made water conveyance that is operated for the distribution of water for agri-
cultural, municipal, or industrial consumption and not primarily for the genera-
tion 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-
federally owned conduit.
FPA 30(a)(3)(C)(ii), as amended by HREA ......... The facility has an installed capacity that does not exceed 5 megawatts .............. Y
FPA 30(a)(3)(C)(iii), as amended by HREA ......... On or before August 9, 2013, the facility is not licensed, or exempted from the li- Y
censing requirements of Part I of the FPA.
Preliminary Determination: Based Filing and Service of Responsive www.ferc.gov/docs-filing/efiling.asp.
upon the above criteria, Commission Documents: All filings must (1) bear in Commenters can submit brief comments
staff has preliminarily determined that all capital letters the ‘‘COMMENTS up to 6,000 characters, without prior
the proposal satisfies the requirements CONTESTING QUALIFICATION FOR A registration, using the eComment system
for a qualifying conduit hydropower CONDUIT HYDROPOWER FACILITY’’ at http://www.ferc.gov/docs-filing/
facility under 16 U.S.C. 823a, and is or ‘‘MOTION TO INTERVENE,’’ as ecomment.asp. You must include your
exempted from the licensing applicable; (2) state in the heading the name and contact information at the end
requirements of the FPA. name of the applicant and the project of your comments. For assistance,
Comments and Motions to Intervene: number of the application to which the please contact FERC Online Support at
The deadline for filing comments filing responds; (3) state the name, FERCOnlineSupport@ferc.gov, (866)
contesting whether the facility meets the address, and telephone number of the 208–3676 (toll free), or (202) 502–8659
qualifying criteria is 45 days from the person filing; and (4) otherwise comply (TTY). In lieu of electronic filing, please
issuance date of this notice. with the requirements of sections send a paper copy to: Secretary, Federal
385.2001 through 385.2005 of the Energy Regulatory Commission, 888
The deadline for filing motions to Commission’s regulations.1 All First Street NE., Washington, DC 20426.
intervene is 30 days from the issuance comments contesting Commission staff’s A copy of all other filings in reference
date of this notice. preliminary determination that the to this application must be accompanied
Anyone may submit comments or a facility meets the qualifying criteria by proof of service on all persons listed
mstockstill on DSK3G9T082PROD with NOTICES
motion to intervene in accordance with must set forth their evidentiary basis. in the service list prepared by the
the requirements of Rules of Practice The Commission strongly encourages Commission in this proceeding, in
and Procedure, 18 CFR 385.210 and electronic filing. Please file motions to accordance with 18 CFR 4.34(b) and
385.214. Any motions to intervene must intervene and comments using the 385.2010.
be received on or before the specified Commission’s eFiling system at http:// Locations of Notice of Intent: Copies
deadline date for the particular of the notice of intent can be obtained
proceeding. 1 18 CFR 385.2001–2005 (2015). directly from the applicant or such
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![94366 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices
copies can be viewed and reproduced at Glenna Riley (Legal Information), Office evaluates its policies following the
the Commission in its Public Reference of the General Counsel, 888 First United Airlines decision. Initial
Room, Room 2A, 888 First Street NE., Street NE., Washington, DC 20426, Comments are due February 6, 2017,
Washington, DC 20426. The filing may (202) 502–8620, Glenna.Riley@ and Reply Comments are due February
also be viewed on the web at http:// ferc.gov. 27, 2017.
www.ferc.gov/docs-filing/elibrary.asp Andrew Knudsen (Legal Information), I. Background
using the ‘‘eLibrary’’ link. Enter the Office of the General Counsel, 888
docket number (e.g., CD17–1–000) in First Street NE., Washington, DC 3. This proceeding involves the
the docket number field to access the 20426, (202) 502–6527, relationship between the Commission’s
document. For assistance, call toll-free Andrew.Knudsen@ferc.gov. income tax allowance and ROE policies.
1–866–208–3676 or email Both have evolved in the past two
James Sarikas (Technical Information),
FERCOnlineSupport@ferc.gov. For TTY, decades to address the emergence of
Office of Energy Markets Regulation,
call (202) 502–8659. partnership entities in FERC-regulated
Federal Energy Regulatory
industries, particularly Master Limited
Dated: December 15, 2016. Commission, 888 First Street NE.,
Partnerships (MLPs) that own oil and
Kimberly Bose, Washington, DC 20426, (202) 502–
natural gas pipeline assets.3
Secretary. 6831, James.Sarikas@ferc.gov.
[FR Doc. 2016–30933 Filed 12–22–16; 8:45 am] Scott Everngam (Technical Information), A. The MLP Business Model
BILLING CODE 6717–01–P
Office of Energy Markets Regulation, 4. An MLP is a publicly traded
Federal Energy Regulatory partnership.4 In order to be treated as an
Commission, 888 First Street NE., MLP for Federal income tax purposes,
DEPARTMENT OF ENERGY Washington, DC 20426, (202) 502– an MLP must receive at least 90 percent
6614, Scott.Everngam@ferc.gov. of its income from certain qualifying
Federal Energy Regulatory SUPPLEMENTARY INFORMATION: sources, including natural gas and oil
Commission 1. The Commission seeks comments pipelines.5
regarding how to address any double 5. MLPs consist of a general partner,
[Docket No. PL17–1–000] recovery resulting from the that manages the partnership, and
Commission’s current income tax limited partners, that provide capital
Inquiry Regarding the Commission’s and receive cash distributions. MLP
allowance and rate of return policies.
Policy for Recovery of Income Tax limited partner units are traded on
This Notice of Inquiry (NOI) follows the
Costs public exchanges, just like corporate
U.S. Court of Appeals for the District of
AGENCY: Federal Energy Regulatory Columbia Circuit (D.C. Circuit) holding stock shares.6 Based upon the MLP’s
Commission, Department of Energy. in United Airlines, Inc., et al. v. Federal partnership agreement, MLPs generally
ACTION: Notice of Inquiry. Energy Regulatory Commission that the (a) distribute most ‘‘available cash flow’’
Commission failed to demonstrate that to the general and limited partners in
SUMMARY: Following the decision of the there is no double recovery of taxes for the form of quarterly distributions, and,
U.S. Court of Appeals for the District of a partnership pipeline as a result of the in a separate calculation, (b) allocate to
Columbia Circuit in United Airlines, income tax allowance and return on the general and limited partners net
Inc., et al. v. Federal Energy Regulatory equity (ROE) determined pursuant to partnership income for income tax
Commission, 827 F.3d 122 (D.C. Cir. the discounted cash flow (DCF) purposes.7
2016), the Commission seeks comment methodology.1 Accordingly, the Court
3 See Composition of Proxy Groups for
regarding how to address any double remanded the decisions to the
Determining Gas and Oil Pipeline Return on Equity,
recovery resulting from the Commission to develop a mechanism 123 FERC ¶ 61,048 (2008) (Proxy Group Policy
Commission’s current income tax ‘‘for which the Commission can Statement); Inquiry Regarding on Income Tax
allowance and rate of return policies. demonstrate that there is no double Allowances, 111 FERC ¶ 61,139 (2005) (Income Tax
recovery’’ of partnership income tax Policy Statement).
DATES: Initial Comments are due 4 The Internal Revenue Service defines a
February 6, 2017, and Reply Comments costs.2
‘‘publicly traded partnership’’ as any partnership if
are due February 27, 2017. 2. The Commission recognizes the its interests are traded on an established securities
potentially significant and widespread market or are readily tradable on a secondary
ADDRESSES: Comments, identified by
effect of this holding upon the oil market or the substantial equivalent thereof. 26
docket number, may be filed in the U.S.C. 7704; 26 CFR 1.7704–1.
pipelines, natural gas pipelines, and
following ways: 5 26 U.S.C. 7704. Qualifying sources include
electric utilities subject to the
• Electronic Filing through http:// natural resource activities such as exploration,
Commission’s regulation. The development, mining or production, processing,
www.ferc.gov. Documents created
importance of the income tax policy for refining, transportation, storage and marketing of
electronically using word processing any mineral or natural resource, including gas and
partnership entities extends well-
software should be filed in native oil. Id.
beyond the particular interests of the
applications or print-to-PDF format and 6 Proxy Group Policy Statement, 123 FERC
parties to the United Airlines
not in a scanned format. ¶61,048 at P 10.
proceeding. The Commission also
• Mail/Hand Delivery: Those unable 7 Id. at P 11; Master Limited Partnership
recognizes that additional industry Association (MLPA), MLP–101, Basic Tax
to file electronically may mail or hand- Principles, https://www.mlpassociation.org/mlp-
comment may provide further insight
deliver comments to: Federal Energy 101/basic-tax-principles/ (last visited Nov. 29,
into the relationship between a
Regulatory Commission, Secretary of the 2016) (MLPA Basic Tax Principles). Most MLP
mstockstill on DSK3G9T082PROD with NOTICES
partnership’s income tax allowance and agreements define ‘‘available cash flow’’ as (1) net
Commission, 888 First Street NE.,
the Commission’s DCF methodology. income (gross revenues minus operating expenses)
Washington, DC 20426. plus (2) depreciation and amortization, minus (3)
Accordingly, this NOI seeks further
• Instructions: For detailed capital investments the partnership must make to
information as the Commission re-
instructions on submitting comments, maintain its current asset base and cash flow
see the Comment Procedures Section of stream. Depreciation and amortization may be
1 United Airlines Inc., et al. v. FERC, 827 F.3d
considered a part of ‘‘available cash flow,’’ because
this document. 122, 134, 136 (D.C. Cir. 2016) (United Airlines). depreciation is an accounting charge against current
FOR FURTHER INFORMATION CONTACT: 2 Id. at 137. income, rather than an actual cash expense. Thus,
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Document Created: 2016-12-23 12:29:36
Document Modified: 2016-12-23 12:29:36
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| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 94365 |
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