82 FR 30846 - Three Sisters 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 82, Issue 126 (July 3, 2017)
Federal Energy Regulatory Commission
Federal Register Volume 82, Issue 126 (July 3, 2017)
| Page Range | 30846-30847 | |
| FR Document | 2017-13956 |
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)] [Notices] [Pages 30846-30847] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13956] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CD17-14-000] Three Sisters Irrigation District; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene On June 22, 2017, Three Sisters 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 McKenzie Reservoir Hydroelectric Facility Project would have an installed capacity of 300 kilowatts (kW), and would be located on the proposed 5.5-miles-long irrigation pipeline. The project would be located in the town of Sisters, Deschutes County, Oregon. Applicant Contact: Marc Thalacker, P.O. Box 2230, Sisters, OR 97759, Phone No. (541) 549-8815. 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 powerhouse, at the end of the proposed 42-inch-diameter irrigation pipe; (2) one new turbine/ generating unit with a total installed capacity of 300 kW; (3) a short tailrace emptying into McKenzie Reservoir, from which irrigation channels provide water to nearby farms; and (4) appurtenant facilities. The proposed project would have an annual generation capacity of 1,300,000 kWh. A qualifying conduit hydropower facility is one that is determined or deemed to meet all of the criteria shown in the table below. [[Page 30847]] Table 1--Criteria for Qualifying Conduit Hydropower Facility ------------------------------------------------------------------------ Statutory provision Description Satisfies (Y/N) ------------------------------------------------------------------------ FPA 30(a)(3)(A), as amended by The conduit the Y HREA. facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. FPA 30(a)(3)(C)(i), as amended The facility is Y by HREA. constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non- federally owned conduit. FPA 30(a)(3)(C)(ii), as amended The facility has an Y by HREA. installed capacity that does not exceed 5 megawatts. FPA 30(a)(3)(C)(iii), as On or before August 9, Y amended by HREA. 2013, the facility is not licensed, or exempted from the licensing requirements of Part I of the FPA. ------------------------------------------------------------------------ Preliminary Determination: The proposed hydroelectric project will be constructed along a penstock pipeline, which is being built to pass water from one reservoir to another for irrigation purposes. The construction of the hydroelectric facility will not alter the 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. --------------------------------------------------------------------------- \1\ 18 CFR 385.2001-2005 (2016). --------------------------------------------------------------------------- The Commission strongly encourages electronic filing. Please file motions to intervene and comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. Locations of Notice of Intent: Copies of the notice of intent can be obtained directly from the applicant or such copies can be viewed and reproduced at the Commission in its Public Reference Room, Room 2A, 888 First Street NE., Washington, DC 20426. The filing may also be viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using the ``eLibrary'' link. Enter the docket number (i.e., CD17-14) 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 27, 2017. Kimberly D. Bose, Secretary. [FR Doc. 2017-13956 Filed 6-30-17; 8:45 am] BILLING CODE 6717-01-P
![30846 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
Due to the REAL ID Act implemented Conduct of Public Meeting Issued in Washington, DC, on June 23,
by the Department of Homeland 2017.
Security (DHS), there have been recent DOE will designate a DOE official to Kathleen B. Hogan,
changes regarding ID requirements for preside at the public meeting and may Deputy Assistant Secretary for Energy
individuals wishing to enter Federal also use a professional facilitator to aid Efficiency, Energy Efficiency and Renewable
buildings from specific States and U.S. discussion. The meeting will not be a Energy.
territories. DHS maintains an updated judicial or evidentiary-type public [FR Doc. 2017–13928 Filed 6–30–17; 8:45 am]
Web site identifying the State and hearing, but DOE will conduct it in BILLING CODE 6450–01–P
territory driver’s licenses that currently accordance with section 336 of EPCA
are acceptable for entry into DOE (42 U.S.C. 6306). A court reporter will
facilities at https://www.dhs.gov/real-id- be present to record the proceedings and DEPARTMENT OF ENERGY
enforcement-brief. A driver’s license prepare a transcript. DOE reserves the
from a State or territory identified as not Federal Energy Regulatory
right to schedule the order of
compliant by DHS will not be accepted Commission
presentations and to establish the
for building entry and one of the procedures governing the conduct of the [Docket No. CD17–14–000]
alternate forms of ID listed below will public meeting.
be required. Acceptable alternate forms Three Sisters Irrigation District; Notice
of Photo-ID include U.S. Passport or The public meeting will be conducted
of Preliminary Determination of a
Passport Card; an Enhanced Driver’s in an informal, conference style. DOE
Qualifying Conduit Hydropower
License or Enhanced ID-Card issued by will present summaries of comments
Facility and Soliciting Comments and
States and territories as identified on the received before the public meeting, Motions To Intervene
DHS Web site (Enhanced licenses issued allow time for prepared general
by these States and territories are clearly statements by participants, and On June 22, 2017, Three Sisters
marked Enhanced or Enhanced Driver’s encourage all interested parties to share Irrigation District filed a notice of intent
License); a military ID or other Federal their views. Each participant will be to construct a qualifying conduit
government-issued Photo-ID card. allowed to make a general statement hydropower facility, pursuant to section
In addition, you can attend the public (within time limits determined by DOE), 30 of the Federal Power Act (FPA), as
meeting via webinar. Webinar before the discussion of specific topics. amended by section 4 of the
registration information, participant DOE will permit, as time permits, other Hydropower Regulatory Efficiency Act
instructions, and information about the participants to comment briefly on any of 2013 (HREA). The proposed
capabilities available to webinar general statements. McKenzie Reservoir Hydroelectric
participants will be published on DOE’s Facility Project would have an installed
At the end of all prepared statements capacity of 300 kilowatts (kW), and
Web site: https://www1.eere.energy.gov/
buildings/appliance_standards/ on a topic, DOE will permit participants would be located on the proposed 5.5-
standards.aspx?productid=6. to clarify their statements briefly and miles-long irrigation pipeline. The
Participants are responsible for ensuring comment on statements made by others. project would be located in the town of
their systems are compatible with the Participants should be prepared to Sisters, Deschutes County, Oregon.
webinar software. answer questions by DOE and by other Applicant Contact: Marc Thalacker,
participants concerning these issues. P.O. Box 2230, Sisters, OR 97759, Phone
Procedure for Submitting Prepared DOE representatives may also ask No. (541) 549–8815.
General Statements for Distribution questions of participants concerning FERC Contact: Robert Bell, Phone No.
Any person who has plans to present other relevant matters. The official (202) 502–6062, email: robert.bell@
a prepared general statement may conducting the public meeting will ferc.gov.
request that copies of his or her accept additional comments or Qualifying Conduit Hydropower
statement be made available at the questions from those attending, as time Facility Description: The proposed
public meeting. Such persons may permits. The presiding official will project would consist of: (1) A new
submit requests, along with an advance announce any further procedural rules powerhouse, at the end of the proposed
electronic copy of their statement in or modification of the above procedures 42-inch-diameter irrigation pipe; (2) one
PDF (preferred), Microsoft Word or that may be needed for the proper new turbine/generating unit with a total
Excel, WordPerfect, or text (ASCII) file conduct of the public meeting. installed capacity of 300 kW; (3) a short
format, to the appropriate address tailrace emptying into McKenzie
shown in the ADDRESSES section at the A transcript of the public meeting will Reservoir, from which irrigation
beginning of this notice. The request be included on DOE’s Web site: https:// channels provide water to nearby farms;
and advance copy of statements must be www1.eere.energy.gov/buildings/ and (4) appurtenant facilities.
received at least one week before the appliance_standards/ The proposed project would have an
public meeting and may be emailed, standards.aspx?productid=6. In annual generation capacity of 1,300,000
hand-delivered, or sent by mail. DOE addition, any person may buy a copy of kWh.
prefers to receive requests and advance the transcript from the transcribing A qualifying conduit hydropower
copies via email. Please include a reporter. facility is one that is determined or
telephone number to enable DOE staff to deemed to meet all of the criteria shown
make a follow-up contact, if needed. in the table below.
sradovich on DSK3GMQ082PROD with NOTICES
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![Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices 30847
TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY
Satisfies
Statutory provision Description (Y/N)
FPA 30(a)(3)(A), as amended by HREA ...................... The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, Y
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 HREA .................. The facility is constructed, operated, or maintained for the generation Y
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 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 Y
from the licensing requirements of Part I of the FPA.
Preliminary Determination: The The Commission strongly encourages DEPARTMENT OF ENERGY
proposed hydroelectric project will be electronic filing. Please file motions to
constructed along a penstock pipeline, intervene and comments using the Federal Energy Regulatory
which is being built to pass water from Commission’s eFiling system at http:// Commission
one reservoir to another for irrigation www.ferc.gov/docs-filing/efiling.asp. [Docket No. RM98–1–000]
purposes. The construction of the Commenters can submit brief comments
hydroelectric facility will not alter the up to 6,000 characters, without prior Records Governing Off-the-Record
pipeline’s primary purpose. Therefore, registration, using the eComment system Communications; Public Notice
based upon the above criteria, at http://www.ferc.gov/docs-filing/
Commission staff preliminarily This constitutes notice, in accordance
ecomment.asp. You must include your with 18 CFR 385.2201(b), of the receipt
determines that the proposal satisfies name and contact information at the end
the requirements for a qualifying of prohibited and exempt off-the-record
of your comments. For assistance, communications.
conduit hydropower facility, which is
please contact FERC Online Support at Order No. 607 (64 FR 51222,
not required to be licensed or exempted
FERCOnlineSupport@ferc.gov, (866) September 22, 1999) requires
from licensing.
208–3676 (toll free), or (202) 502–8659 Commission decisional employees, who
Comments and Motions to Intervene: make or receive a prohibited or exempt
Deadline for filing comments contesting (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal off-the-record communication relevant
whether the facility meets the qualifying to the merits of a contested proceeding,
criteria is 45 days from the issuance Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426. to deliver to the Secretary of the
date of this notice. Commission, a copy of the
Deadline for filing motions to A copy of all other filings in reference
to this application must be accompanied communication, if written, or a
intervene is 30 days from the issuance summary of the substance of any oral
date of this notice. by proof of service on all persons listed
in the service list prepared by the communication.
Anyone may submit comments or a Prohibited communications are
motion to intervene in accordance with Commission in this proceeding, in included in a public, non-decisional file
the requirements of Rules of Practice accordance with 18 CFR 4.34(b) and associated with, but not a part of, the
and Procedure, 18 CFR 385.210 and 385.2010. decisional record of the proceeding.
385.214. Any motions to intervene must Locations of Notice of Intent: Copies Unless the Commission determines that
be received on or before the specified of the notice of intent can be obtained the prohibited communication and any
deadline date for the particular directly from the applicant or such responses thereto should become a part
proceeding. copies can be viewed and reproduced at of the decisional record, the prohibited
Filing and Service of Responsive the Commission in its Public Reference off-the-record communication will not
Documents: All filings must (1) bear in Room, Room 2A, 888 First Street NE., be considered by the Commission in
all capital letters the COMMENTS Washington, DC 20426. The filing may reaching its decision. Parties to a
CONTESTING QUALIFICATION FOR A also be viewed on the web at http:// proceeding may seek the opportunity to
CONDUIT HYDROPOWER FACILITY or respond to any facts or contentions
www.ferc.gov/docs-filing/elibrary.asp
MOTION TO INTERVENE, as made in a prohibited off-the-record
using the ‘‘eLibrary’’ link. Enter the
applicable; (2) state in the heading the communication, and may request that
name of the applicant and the project docket number (i.e., CD17–14) in the
docket number field to access the the Commission place the prohibited
number of the application to which the communication and responses thereto
filing responds; (3) state the name, document. For assistance, call toll-free
in the decisional record. The
address, and telephone number of the 1–866–208–3676 or email
Commission will grant such a request
person filing; and (4) otherwise comply FERCOnlineSupport@ferc.gov. For TTY,
only when it determines that fairness so
with the requirements of sections call (202) 502–8659. requires. Any person identified below as
385.2001 through 385.2005 of the
sradovich on DSK3GMQ082PROD with NOTICES
Dated: June 27, 2017. having made a prohibited off-the-record
Commission’s regulations.1 All Kimberly D. Bose, communication shall serve the
comments contesting Commission staff’s document on all parties listed on the
Secretary.
preliminary determination that the official service list for the applicable
[FR Doc. 2017–13956 Filed 6–30–17; 8:45 am]
facility meets the qualifying criteria proceeding in accordance with Rule
must set forth their evidentiary basis. BILLING CODE 6717–01–P
2010, 18 CFR 385.2010.
Exempt off-the-record
1 18 CFR 385.2001–2005 (2016). communications are included in the
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Document Created: 2018-11-14 10:19:55
Document Modified: 2018-11-14 10:19:55
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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 | 82 FR 30846 |
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