82 FR 29292 - Pioneer Valley, LLC; 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 82, Issue 123 (June 28, 2017)

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Pages 29292-29293]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13522]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD17-13-000]


Pioneer Valley, LLC; Notice of Preliminary Determination of a 
Qualifying Conduit Hydropower Facility and Soliciting Comments and 
Motions To Intervene

    On June 20, 2017, Pioneer Valley, LLC, 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 
Pioneer Valley Hydro Site Project would have a combined installed 
capacity of 6 kilowatts (kW), and would be located along two sections 
of an existing irrigation pipeline. The project would be located near 
the Town of Cimarron in Gunnison County, Colorado.
    Applicant Contact: Gary Stephens, 18876 6495 Road, Montrose, CO 
81403, Phone No. (970) 209-6104, email [email protected].
    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 new 25-foot-long, 8-inch diameter 
intake pipe; (2) a new powerhouse containing 2 generating units (one 4 
kilowatt turbine and one 2 kilowatt turbine) with a total installed 
capacity of 6 kilowatts (kW); (3) a new 80-foot-long, 12-inch diameter 
discharge pipe to nearby pond; and (4) appurtenant facilities. The 
proposed project would have an estimated annual generating capacity of 
45,900 kilowatt-hours (kWh).
    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 (Y/
       Statutory provision               Description             N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by    The conduit the facility            Y
 HREA.                             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 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: The proposed hydroelectric project will 
utilize the existing water distribution pipeline, and its addition will 
not alter the distribution pipeline's primary purpose. Therefore, based 
upon the above criteria, Commission staff preliminarily determines that 
the proposal satisfies the requirements for a qualifying conduit 
hydropower facility, which is not required to be licensed or exempted 
from licensing.
    Comments and Motions to Intervene: Deadline for filing comments 
contesting whether the facility meets the qualifying criteria is 45 
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the 
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance 
with the requirements of Rules of Practice and Procedure, 18 CFR 
385.210 and 385.214. Any motions to intervene must be received on or 
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1) 
bear in all capital letters the COMMENTS CONTESTING QUALIFICATION FOR A 
CONDUIT HYDROPOWER FACILITY or MOTION TO INTERVENE, as applicable; (2) 
state in the heading the name of the applicant and the project number 
of the application to which the filing responds; (3) state the name, 
address, and telephone number of the person filing; and (4) otherwise 
comply with the requirements of sections 385.2001 through 385.2005 of 
the Commission's regulations.\1\ All comments contesting Commission 
staff's preliminary determination that the facility meets the 
qualifying criteria must set forth their evidentiary basis.
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    \1\ 18 CFR 385.2001-2005 (2016).
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    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

[[Page 29293]]

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., CD17-13) 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: June 22, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-13522 Filed 6-27-17; 8:45 am]
 BILLING CODE 6717-01-P