82 FR 60010 - Utah Board of Water Resources; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 82, Issue 241 (December 18, 2017)

[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Notices]
[Pages 60010-60011]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27173]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12966-004]


Utah Board of Water Resources; Notice of Application Accepted for 
Filing, Soliciting Motions To Intervene and Protests, Ready for 
Environmental Analysis, and Soliciting Comments, Recommendations, Terms 
and Conditions, and Prescriptions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Major Unconstructed Project.
    b. Project No.: 12966-004.
    c. Date Filed: May 2, 2016.
    d. Applicant: Utah Board of Water Resources.
    e. Name of Project: Lake Powell Pipeline Project.
    f. Location: The proposed project would be located in Washington 
and Kane counties, Utah, and in Coconino and Mohave counties, Arizona. 
The project would occupy 449 acres of federal land managed by the 
Bureau of Land Management (BLM).
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Applicant Contact: Joel Williams, Project 
Manager, Utah Division of Water Resources; Telephone (801) 538-7249 or 
[email protected].
    i. FERC Contact: Jim Fargo, (202) 502-6095 or [email protected].
    j. Deadline for filing motions to intervene and protests, comments, 
recommendations, terms and conditions, and prescriptions: 60 days from 
the issuance date of this notice; reply comments are due 105 days from 
the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file 
motions to intervene and protests, comments, recommendations, terms and 
conditions, and prescriptions 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. The first page of any filing should 
include docket number P-12966-004.
    The Commission's Rules of Practice require all intervenors filing 
documents with the Commission to serve a copy of that document on each 
person on the official service list for the project. Further, if an 
intervenor 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.
    k. This application has been accepted for filing and is now is 
ready for environmental analysis.
    l. The proposed 140-mile-long Lake Powell Pipeline Project would 
convey water from the Bureau of Reclamation's Lake Powell through a 
buried 69-inch diameter pipeline up to a high point within the Grand 
Staircase-Escalante National Monument, after which it would flow for 
about 87.5 miles through a series of hydroelectric turbines, ending at 
Sand Hollow reservoir, near St. George, Utah.
    The proposed hydro facilities subject to the Federal Energy 
Regulatory Commission's jurisdiction under Part I of the Federal Power 
Act include: (1) An inline single-unit, 1-megawatt (MW) facility at 
Hydro Station 1 in the Grand Staircase-Escalante National Monument; (2) 
an inline single-unit, 1.7-MW facility at Hydro Station 2 east of 
Colorado City, Arizona; (3) an inline single-unit, 1-MW facility in 
Hildale City, Utah; (4) an inline single-unit, 1.7-MW facility above 
the Hurricane Cliffs forebay reservoir; (5) a 2-unit, 300-MW (150-MW 
each unit) hydroelectric pumped storage development at Hurricane 
Cliffs, with the forebay and afterbay sized to provide ten hours of 
continuous 300-MW output; (6) a single-unit, 35-MW conventional energy 
recovery generation unit built within the Hurricane Cliffs development; 
(7) a single-unit, 5-MW facility at the existing Sand Hollow Reservoir 
and (8) related transmission lines.
    In its application, the applicant proposes to define the FERC-
licensed hydro system to include not only the power-generating 
facilities noted above, but also approximately 89 miles of water 
delivery pipelines that connect these facilities. The Commission has 
not yet determined whether these water delivery pipelines will be 
included as part of the licensed hydro facilities. If the Commission 
licenses only the power generating facilities and excludes the 
intervening pipelines, federal land-managing agencies will be 
responsible for issuing rights-of-way permits for those parts of the 
pipelines that are located on federal lands. If the Commission 
determines that it should also license the intervening pipelines, 
federal land-managing agencies may also be permitted to file conditions 
under section 4(e) of the Federal Power Act for the protection and 
utilization of any federal reservations that the pipelines will occupy, 
depending on which pipeline route is selected.
    In particular, the applicant proposes to use the south alternative 
route for the pipeline, which does not cross the Kaibab Reservation. In 
Scoping Document 2, Commission staff stated that the environmental 
impact statement for the Lake Powell Pipeline Project will include an 
alternative pipeline route across the Kaibab Reservation. Depending on 
the scope of the FERC-licensed hydro system, this alternative may or 
may not be subject to section 4(e) of the Federal Power Act. To cover 
both possibilities, Interior should provide preliminary section 4(e) 
conditions for the Kaibab Reservation alternative, and should also 
provide any proposed rights-of-way conditions for that route if those 
conditions would differ from the section 4(e) conditions, in the event 
that the Commission determines not to include the pipelines as part of 
the licensed Hydro System. The applicant included unsigned rights-of-
way permit applications to the BLM, Bureau of Reclamation, and National 
Park Service in its final license application.
    In compliance with the National Environmental Policy Act of 1969, 
as amended, and the Federal Land Policy and Management Act of 1976, as 
amended, the BLM, Arizona Strip Field Office, St. George, Utah, intends 
to consider amending a portion of the Arizona Strip Field Office 
Resource Management Plan (RMP) to allow development of the Lake Powell 
Pipeline within the Kanab Creek Area of Critical Environmental Concern. 
The EIS will analyze both the proposed Lake Powell Pipeline Project and 
the proposed RMP amendment. The BLM

[[Page 60011]]

will conduct its own scoping process to solicit public comments and 
identify issues.
    m. A copy of the application is available for review at the 
Commission in the Public Reference Room or may be viewed on the 
Commission's website at 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. A copy is also available for inspection and 
reproduction at the address in item h above.
    n. 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, and .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 comment date for the particular application.
    All filings must (1) bear in all capital letters the title PROTEST, 
MOTION TO INTERVENE, COMMENTS, REPLY COMMENTS, RECOMMENDATIONS, TERMS 
AND CONDITIONS, or PRESCRIPTIONS; (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, 
recommendations, terms and conditions or prescriptions must set forth 
their evidentiary basis and otherwise comply with the requirements of 
18 CFR 4.34(b). 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. 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.
    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, contact FERC 
Online Support.
    o. A license applicant must file no later than 60 days following 
the date of issuance of this notice: (1) A copy of the water quality 
certification; (2) a copy of the request for certification, including 
proof of the date on which the certifying agency received the request; 
or (3) evidence of waiver of water quality certification.

    Dated: December 11, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-27173 Filed 12-15-17; 8:45 am]
 BILLING CODE 6717-01-P