81_FR_9882 81 FR 9844 - Brookfield Power Piney and Deep Creek, LLC; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

81 FR 9844 - Brookfield Power Piney and Deep Creek, LLC; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 81, Issue 38 (February 26, 2016)

Page Range9844-9845
FR Document2016-04158

Federal Register, Volume 81 Issue 38 (Friday, February 26, 2016)
[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9844-9845]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04158]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 309-087]


Brookfield Power Piney and Deep Creek, LLC; Notice of Application 
Accepted for Filing, Soliciting Comments, Motions To Intervene, and 
Protests

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Application to amend temporary variance of 
reservoir elevation requirements of license article 402.
    b. Project No.: 309-087.
    c. Date Filed: January 27, 2016.
    d. Applicant: Brookfield Power Piney and Deep Creek, LLC.
    e. Name of Project: Piney Hydroelectric Project.
    f. Location: The project is located on the Clarion River in Clarion 
County, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Randy Garletts, Brookfield Power Piney 
and Deep Creek, LLC, 14 River View Terrace, Oakland, MD 21550, (301) 
387-6616.
    i. FERC Contact: Mr. Mark Pawlowski, (202) 502-6052, or 
[email protected].
    j. Deadline for filing comments, motions to intervene, protests, 
and recommendations is 15 days from the date of issuance of this notice 
by the Commission. The Commission strongly encourages electronic 
filing. Please file motions to intervene, protests, comments, or 
recommendations 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. Please include the project number (P-309-087) on 
any comments, motions to intervene, protests, or recommendations filed.
    k. Description of Request: The applicant proposes to modify the 
timing and duration of the temporary variance of article 402 and Water 
Quality Certificate conditions 1.1 and 1.2 of the project license 
issued on March 30, 2015. The licensee requests authorization to 
operate the Project with a maximum reservoir elevation of 1087.5  0.5 ft msl during the months of April through December, from 
2016 through 2018 in order to replace the existing 14 radial spillway 
gates.
    l. Locations of the Application: A copy of the application is 
available for inspection and reproduction at the Commission's Public 
Reference Room, located at 888 First Street NE., Room 2A, Washington, 
DC 20426, or by calling (202) 502-8371. This filing may also be viewed 
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits 
in the docket number field to access the document. You may also 
register online at http://www.ferc.gov/docs-filing/esubscription.asp to 
be notified via email of new filings and issuances related to this or 
other pending projects. For assistance, call 1-866-208-3676 or email 
[email protected], for TTY, call (202) 502-8659. A copy is 
also available for inspection and reproduction at the address in item 
(h) above.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit 
comments, a protest, or a motion to intervene in accordance with the 
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, 
.214. In determining the appropriate action to take, the Commission 
will consider all protests or other comments filed, but only those who 
file a motion to intervene in accordance with the Commission's Rules 
may become a party to the proceeding. Any comments, protests, or 
motions to intervene must be received on or before the specified

[[Page 9845]]

comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1) 
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or 
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading, 
the name of the applicant and the project number of the application to 
which the filing responds; (3) furnish the name, address, and telephone 
number of the person protesting or intervening; and (4) otherwise 
comply with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, motions to intervene, or protests must set forth their 
evidentiary basis and otherwise comply with the requirements of 18 CFR 
4.34(b). All comments, motions to intervene, or protests should relate 
to project works which are the subject of the license amendment. 
Agencies may obtain copies of the application directly from the 
applicant. A copy of any protest or motion to intervene must be served 
upon each representative of the applicant specified in the particular 
application. If an intervener files comments or documents with the 
Commission relating to the merits of an issue that may affect the 
responsibilities of a particular resource agency, they must also serve 
a copy of the document on that resource agency. 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.

    Dated: February 17, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-04158 Filed 2-25-16; 8:45 am]
BILLING CODE 6717-01-P



                                                  9844                          Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices

                                                  excluding the last three digits in the                  application must be accompanied by                    information at the end of your
                                                  docket number field to access the                       proof of service on all persons listed in             comments. For assistance, please
                                                  document. You may also register online                  the service list prepared by the                      contact FERC Online Support at
                                                  at http://www.ferc.gov/docs-filing/                     Commission in this proceeding, in                     FERCOnlineSupport@ferc.gov, (866)
                                                  esubscription.asp to be notified via                    accordance with 18 CFR 4.34(b) and                    208–3676 (toll free), or (202) 502–8659
                                                  email of new filings and issuances                      385.2010.                                             (TTY). In lieu of electronic filing, please
                                                  related to this or other pending projects.                Dated: February 22, 2016.                           send a paper copy to: Secretary, Federal
                                                  For assistance, call 1–866–208- 3676 or                                                                       Energy Regulatory Commission, 888
                                                                                                          Nathanial J. Davis, Sr.,
                                                  email FERCOnlineSupport@ferc.gov, for                                                                         First Street NE., Washington, DC 20426.
                                                                                                          Deputy Secretary.
                                                  TTY, call (202) 502–8659. A copy is also                                                                      Please include the project number (P–
                                                  available for inspection and                            [FR Doc. 2016–04160 Filed 2–25–16; 8:45 am]
                                                                                                                                                                309–087) on any comments, motions to
                                                  reproduction at the address in item (h)                 BILLING CODE 6717–01–P                                intervene, protests, or recommendations
                                                  above.                                                                                                        filed.
                                                     m. Individuals desiring to be included                                                                        k. Description of Request: The
                                                  on the Commission’s mailing list should                 DEPARTMENT OF ENERGY
                                                                                                                                                                applicant proposes to modify the timing
                                                  so indicate by writing to the Secretary                                                                       and duration of the temporary variance
                                                  of the Commission.                                      Federal Energy Regulatory
                                                                                                          Commission                                            of article 402 and Water Quality
                                                     n. Comments, Protests, or Motions to                                                                       Certificate conditions 1.1 and 1.2 of the
                                                  Intervene: Anyone may submit                            [Project No. 309–087]                                 project license issued on March 30,
                                                  comments, a protest, or a motion to                                                                           2015. The licensee requests
                                                  intervene in accordance with the                        Brookfield Power Piney and Deep                       authorization to operate the Project with
                                                  requirements of Rules of Practice and                   Creek, LLC; Notice of Application                     a maximum reservoir elevation of
                                                  Procedure, 18 CFR 385.210, .211, .214.                  Accepted for Filing, Soliciting                       1087.5 ± 0.5 ft msl during the months
                                                  In determining the appropriate action to                Comments, Motions To Intervene, and                   of April through December, from 2016
                                                  take, the Commission will consider all                  Protests                                              through 2018 in order to replace the
                                                  protests or other comments filed, but                                                                         existing 14 radial spillway gates.
                                                  only those who file a motion to                            Take notice that the following
                                                                                                          hydroelectric application has been filed                 l. Locations of the Application: A
                                                  intervene in accordance with the
                                                                                                          with the Commission and is available                  copy of the application is available for
                                                  Commission’s Rules may become a
                                                                                                          for public inspection:                                inspection and reproduction at the
                                                  party to the proceeding. Any comments,
                                                                                                             a. Type of Application: Application to             Commission’s Public Reference Room,
                                                  protests, or motions to intervene must
                                                                                                          amend temporary variance of reservoir                 located at 888 First Street NE., Room
                                                  be received on or before the specified
                                                  comment date for the particular                         elevation requirements of license article             2A, Washington, DC 20426, or by calling
                                                  application.                                            402.                                                  (202) 502–8371. This filing may also be
                                                     o. Filing and Service of Responsive                     b. Project No.: 309–087.                           viewed on the Commission’s Web site at
                                                  Documents: Any filing must (1) bear in                     c. Date Filed: January 27, 2016.                   http://www.ferc.gov/docs-filing/
                                                  all capital letters the title                              d. Applicant: Brookfield Power Piney               elibrary.asp. Enter the docket number
                                                  ‘‘COMMENTS’’, ‘‘PROTEST’’, or                           and Deep Creek, LLC.                                  excluding the last three digits in the
                                                  ‘‘MOTION TO INTERVENE’’ as                                 e. Name of Project: Piney                          docket number field to access the
                                                  applicable; (2) set forth in the heading,               Hydroelectric Project.                                document. You may also register online
                                                  the name of the applicant and the                          f. Location: The project is located on             at http://www.ferc.gov/docs-filing/
                                                  project number of the application to                    the Clarion River in Clarion County,                  esubscription.asp to be notified via
                                                  which the filing responds; (3) furnish                  Pennsylvania.                                         email of new filings and issuances
                                                  the name, address, and telephone                           g. Filed Pursuant to: Federal Power                related to this or other pending projects.
                                                  number of the person protesting or                      Act, 16 U.S.C. 791a–825r.                             For assistance, call 1–866–208–3676 or
                                                  intervening; and (4) otherwise comply                      h. Applicant Contact: Mr. Randy                    email FERCOnlineSupport@ferc.gov, for
                                                  with the requirements of 18 CFR                         Garletts, Brookfield Power Piney and                  TTY, call (202) 502–8659. A copy is also
                                                  385.2001 through 385.2005. All                          Deep Creek, LLC, 14 River View                        available for inspection and
                                                  comments, motions to intervene, or                      Terrace, Oakland, MD 21550, (301) 387–                reproduction at the address in item (h)
                                                  protests must set forth their evidentiary               6616.                                                 above.
                                                  basis and otherwise comply with the                        i. FERC Contact: Mr. Mark Pawlowski,                  m. Individuals desiring to be included
                                                  requirements of 18 CFR 4.34(b). All                     (202) 502–6052, or Mark.Pawlowski@                    on the Commission’s mailing list should
                                                  comments, motions to intervene, or                      ferc.gov.                                             so indicate by writing to the Secretary
                                                  protests should relate to project works                    j. Deadline for filing comments,                   of the Commission.
                                                  which are the subject of the license                    motions to intervene, protests, and                      n. Comments, Protests, or Motions to
                                                  amendment. Agencies may obtain                          recommendations is 15 days from the                   Intervene: Anyone may submit
                                                  copies of the application directly from                 date of issuance of this notice by the                comments, a protest, or a motion to
                                                  the applicant. A copy of any protest or                 Commission. The Commission strongly                   intervene in accordance with the
                                                  motion to intervene must be served                      encourages electronic filing. Please file             requirements of Rules of Practice and
                                                  upon each representative of the                         motions to intervene, protests,                       Procedure, 18 CFR 385.210, .211, .214.
                                                  applicant specified in the particular                   comments, or recommendations using                    In determining the appropriate action to
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  application. If an intervener files                     the Commission’s eFiling system at                    take, the Commission will consider all
                                                  comments or documents with the                          http://www.ferc.gov/docs-filing/                      protests or other comments filed, but
                                                  Commission relating to the merits of an                 efiling.asp. Commenters can submit                    only those who file a motion to
                                                  issue that may affect the responsibilities              brief comments up to 6,000 characters,                intervene in accordance with the
                                                  of a particular resource agency, they                   without prior registration, using the                 Commission’s Rules may become a
                                                  must also serve a copy of the document                  eComment system at http://www.ferc.                   party to the proceeding. Any comments,
                                                  on that resource agency. A copy of all                  gov/docs-filing/ecomment.asp. You                     protests, or motions to intervene must
                                                  other filings in reference to this                      must include your name and contact                    be received on or before the specified


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                                                                                Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices                                                 9845

                                                  comment date for the particular                         issued in an order by the Commission                  maintained by the Secretary of the
                                                  application.                                            on May 14, 2015 (May 14 Order).                       Commission and will receive copies of
                                                     o. Filing and Service of Responsive                  Specifically, Impulsora requests                      all documents filed by the applicant and
                                                  Documents: Any filing must (1) bear in                  termination of its authorization to                   by all other parties. A party must submit
                                                  all capital letters the title                           construct and operate the 12-inch-                    7 copies of filings made in the
                                                  ‘‘COMMENTS’’, ‘‘PROTEST’’, or                           diameter pipeline, but retain                         proceeding with the Commission and
                                                  ‘‘MOTION TO INTERVENE’’ as                              authorization to construct and operate                must mail a copy to the applicant and
                                                  applicable; (2) set forth in the heading,               the 36-inch-diameter pipeline                         to every other party. Only parties to the
                                                  the name of the applicant and the                       authorized in the May 14 Order, all as                proceeding can ask for court review of
                                                  project number of the application to                    more fully described in the application               Commission orders in the proceeding.
                                                  which the filing responds; (3) furnish                  which is on file with the Commission                     However, a person does not have to
                                                  the name, address, and telephone                        and open to public inspection. The                    intervene in order to have comments
                                                  number of the person protesting or                      filing may also be viewed on the Web                  considered. The second way to
                                                  intervening; and (4) otherwise comply                   at http://www.ferc.gov using the                      participate is by filing with the
                                                  with the requirements of 18 CFR                         ‘‘eLibrary’’ link. Enter the docket                   Secretary of the Commission, as soon as
                                                  385.2001 through 385.2005. All                          number excluding the last three digits in             possible, an original and two copies of
                                                  comments, motions to intervene, or                      the docket number field to access the                 comments in support of or in opposition
                                                  protests must set forth their evidentiary               document. For assistance, contact FERC                to this project. The Commission will
                                                  basis and otherwise comply with the                     at FERCOnlineSupport@ferc.gov or call                 consider these comments in
                                                  requirements of 18 CFR 4.34(b). All                     toll-free, (866) 208–3676 or TTY, (202)               determining the appropriate action to be
                                                  comments, motions to intervene, or                      502–8659.                                             taken, but the filing of a comment alone
                                                  protests should relate to project works                    Any questions regarding this                       will not serve to make the filer a party
                                                  which are the subject of the license                    application should be directed to                     to the proceeding. The Commission’s
                                                  amendment. Agencies may obtain                          Kenneth Simon, Latham & Watkins,                      rules require that persons filing
                                                  copies of the application directly from                 LLP, 555 Eleventh Street NW., Suite                   comments in opposition to the project
                                                  the applicant. A copy of any protest or                 1000, Washington, DC 20004, or call                   provide copies of their protests only to
                                                  motion to intervene must be served                      (202) 637–2397, or by email                           the party or parties directly involved in
                                                  upon each representative of the                         ken.simmon@lw.com.                                    the protest.
                                                  applicant specified in the particular                      Pursuant to section 157.9 of the                      Persons who wish to comment only
                                                  application. If an intervener files                     Commission’s rules, 18 CFR 157.9,                     on the environmental review of this
                                                  comments or documents with the                          within 90 days of this Notice the                     project should submit an original and
                                                  Commission relating to the merits of an                 Commission staff will either: Complete                two copies of their comments to the
                                                                                                          its environmental assessment (EA) and                 Secretary of the Commission.
                                                  issue that may affect the responsibilities
                                                                                                          place it into the Commission’s public                 Environmental commentors will be
                                                  of a particular resource agency, they
                                                                                                          record (eLibrary) for this proceeding; or             placed on the Commission’s
                                                  must also serve a copy of the document
                                                                                                          issue a Notice of Schedule for                        environmental mailing list, will receive
                                                  on that resource agency. A copy of all
                                                                                                          Environmental Review. If a Notice of                  copies of the environmental documents,
                                                  other filings in reference to this
                                                                                                          Schedule for Environmental Review is                  and will be notified of meetings
                                                  application must be accompanied by
                                                                                                          issued, it will indicate, among other                 associated with the Commission’s
                                                  proof of service on all persons listed in
                                                                                                          milestones, the anticipated date for the              environmental review process.
                                                  the service list prepared by the
                                                                                                          Commission staff’s issuance of the final              Environmental commentors will not be
                                                  Commission in this proceeding, in
                                                                                                          environmental impact statement (FEIS)                 required to serve copies of filed
                                                  accordance with 18 CFR 4.34(b) and                      or EA for this proposal. The filing of the
                                                  385.2010.                                                                                                     documents on all other parties.
                                                                                                          EA in the Commission’s public record                  However, the non-party commentors
                                                    Dated: February 17, 2016.                             for this proceeding or the issuance of a              will not receive copies of all documents
                                                  Nathaniel J. Davis, Sr.,                                Notice of Schedule for Environmental                  filed by other parties or issued by the
                                                  Deputy Secretary.                                       Review will serve to notify federal and               Commission (except for the mailing of
                                                  [FR Doc. 2016–04158 Filed 2–25–16; 8:45 am]             state agencies of the timing for the                  environmental documents issued by the
                                                  BILLING CODE 6717–01–P
                                                                                                          completion of all necessary reviews, and              Commission) and will not have the right
                                                                                                          the subsequent need to complete all                   to seek court review of the
                                                                                                          federal authorizations within 90 days of              Commission’s final order.
                                                  DEPARTMENT OF ENERGY                                    the date of issuance of the Commission                   The Commission strongly encourages
                                                                                                          staff’s FEIS or EA.                                   electronic filings of comments, protests
                                                  Federal Energy Regulatory                                  There are two ways to become                       and interventions in lieu of paper using
                                                  Commission                                              involved in the Commission’s review of                the ‘‘eFiling’’ link at http://
                                                                                                          this project. First, any person wishing to            www.ferc.gov. Persons unable to file
                                                  [Docket No. CP16–70–000]
                                                                                                          obtain legal status by becoming a party               electronically should submit an original
                                                  Impulsora Pipeline, LLC; Notice of                      to the proceedings for this project                   and 5 copies of the protest or
                                                  Application To Amend                                    should, on or before the comment date                 intervention to the Federal Energy
                                                                                                          stated below file with the Federal
                                                                                                                                                                Regulatory Commission, 888 First Street
                                                     Take notice that on February 4, 2016,                Energy Regulatory Commission, 888
                                                                                                                                                                NE., Washington, DC 20426.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Impulsora Pipeline, LLC (Impulsora)                     First Street NE., Washington, DC 20426,                  Comment Date: 5:00 p.m. Eastern
                                                  filed in the above referenced docket an                 a motion to intervene in accordance                   Time on March 11, 2016.
                                                  application pursuant to section 3 of the                with the requirements of the
                                                  Natural Gas Act (NGA) and the Federal                   Commission’s Rules of Practice and                      Dated: February 19, 2016.
                                                  Energy Regulatory Commission’s                          Procedure (18 CFR 385.214 or 385.211)                 Nathaniel J. Davis, Sr.,
                                                  (Commission) regulations seeking to                     and the Regulations under the NGA (18                 Deputy Secretary.
                                                  amend its section 3 authorizations and                  CFR 157.10). A person obtaining party                 [FR Doc. 2016–04150 Filed 2–25–16; 8:45 am]
                                                  its Presidential Permit which were                      status will be placed on the service list             BILLING CODE 6717–01–P




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Document Created: 2018-02-02 14:37:14
Document Modified: 2018-02-02 14:37:14
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 9844 

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