83_FR_21862 83 FR 21771 - Davis and Weber Counties Canal Company; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene

83 FR 21771 - Davis and Weber Counties Canal Company; 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 83, Issue 91 (May 10, 2018)

Page Range21771-21772
FR Document2018-09963

Federal Register, Volume 83 Issue 91 (Thursday, May 10, 2018)
[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Notices]
[Pages 21771-21772]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09963]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD18-7-000]


Davis and Weber Counties Canal Company; Notice of Preliminary 
Determination of a Qualifying Conduit Hydropower Facility and 
Soliciting Comments and Motions To Intervene

    On April 27, 2018, Davis and Weber Counties Canal Company 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 Canal Station 603+00 Micro-hydropower Project would have 
an installed capacity up to 8 kilowatts (kW), and would be located 
along the four-foot wide by six-foot long section of the open 
irrigation canal. The project would be located near the Town of Sunset 
in Davis County, Utah.
    Applicant Contact: Richard Smith, General Manager, Davis and Weber 
Counties Canal Company, 138 West 1300 North, Sunset, UT 84015; Phone 
No. (801) 774-6373.
    FERC Contact: Robert Bell, Phone No. (202) 502-6062; Email: 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) Two new generating units plus two future 
units, approximately four-foot wide by six-foot long, placed in an open 
channel of the Davis & Weber Canal with a total generating capacity of 
up to 8 kW; and (2) appurtenant facilities. The proposed project would 
have an estimated annual generation of 17.5 megawatt-hours, and may 
include two additional units in the future.
    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 Davis and Weber Canal, the primary purpose of which is to 
deliver agricultural and irrigation water to Davis and Weber counties. 
The addition of the Canal Station 603+00 Micro-hydropower Project will 
not alter the conduit'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

[[Page 21772]]

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 (2017).
---------------------------------------------------------------------------

    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., CD18-7) 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: May 4, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-09963 Filed 5-9-18; 8:45 am]
BILLING CODE 6717-01-P



                                                                              Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Notices                                                 21771

                                               facility meets the qualifying criteria                  also be viewed on the web at http://                  of 2013 (HREA). The proposed Canal
                                               must set forth their evidentiary basis.                 www.ferc.gov/docs-filing/elibrary.asp                 Station 603+00 Micro-hydropower
                                                  The Commission strongly encourages                   using the ‘‘eLibrary’’ link. Enter the                Project would have an installed capacity
                                               electronic filing. Please file motions to               docket number (i.e., CD18–8) in the                   up to 8 kilowatts (kW), and would be
                                               intervene and comments using the                        docket number field to access the                     located along the four-foot wide by six-
                                               Commission’s eFiling system at http://                  document. For assistance, call toll-free              foot long section of the open irrigation
                                               www.ferc.gov/docs-filing/efiling.asp.                   1–866–208–3676 or email                               canal. The project would be located near
                                               Commenters can submit brief comments                    FERCOnlineSupport@ferc.gov. For TTY,                  the Town of Sunset in Davis County,
                                               up to 6,000 characters, without prior                   call (202) 502–8659.                                  Utah.
                                               registration, using the eComment system                   Dated: May 4, 2018.                                   Applicant Contact: Richard Smith,
                                               at http://www.ferc.gov/docs-filing/                     Kimberly D. Bose,                                     General Manager, Davis and Weber
                                               ecomment.asp. You must include your                                                                           Counties Canal Company, 138 West
                                                                                                       Secretary.
                                               name and contact information at the end                                                                       1300 North, Sunset, UT 84015; Phone
                                                                                                       [FR Doc. 2018–09964 Filed 5–9–18; 8:45 am]
                                               of your comments. For assistance,                                                                             No. (801) 774–6373.
                                                                                                       BILLING CODE 6717–01–P
                                               please contact FERC Online Support at
                                                                                                                                                               FERC Contact: Robert Bell, Phone No.
                                               FERCOnlineSupport@ferc.gov, (866)
                                                                                                                                                             (202) 502–6062; Email: robert.bell@
                                               208–3676 (toll free), or (202) 502–8659
                                                                                                       DEPARTMENT OF ENERGY                                  ferc.gov.
                                               (TTY). In lieu of electronic filing, please
                                               send a paper copy to: Secretary, Federal                                                                        Qualifying Conduit Hydropower
                                                                                                       Federal Energy Regulatory
                                               Energy Regulatory Commission, 888                                                                             Facility Description: The proposed
                                                                                                       Commission
                                               First Street NE, Washington, DC 20426.                                                                        project would consist of: (1) Two new
                                               A copy of all other filings in reference                [Docket No. CD18–7–000]                               generating units plus two future units,
                                               to this application must be accompanied                                                                       approximately four-foot wide by six-foot
                                                                                                       Davis and Weber Counties Canal                        long, placed in an open channel of the
                                               by proof of service on all persons listed               Company; Notice of Preliminary
                                               in the service list prepared by the                                                                           Davis & Weber Canal with a total
                                                                                                       Determination of a Qualifying Conduit                 generating capacity of up to 8 kW; and
                                               Commission in this proceeding, in                       Hydropower Facility and Soliciting
                                               accordance with 18 CFR 4.34(b) and                                                                            (2) appurtenant facilities. The proposed
                                                                                                       Comments and Motions To Intervene                     project would have an estimated annual
                                               385.2010.
                                                  Locations of Notice of Intent: Copies                  On April 27, 2018, Davis and Weber                  generation of 17.5 megawatt-hours, and
                                               of the notice of intent can be obtained                 Counties Canal Company filed a notice                 may include two additional units in the
                                               directly from the applicant or such                     of intent to construct a qualifying                   future.
                                               copies can be viewed and reproduced at                  conduit hydropower facility, pursuant                   A qualifying conduit hydropower
                                               the Commission in its Public Reference                  to section 30 of the Federal Power Act                facility is one that is determined or
                                               Room, Room 2A, 888 First Street NE,                     (FPA), as amended by section 4 of the                 deemed to meet all of the criteria shown
                                               Washington, DC 20426. The filing may                    Hydropower Regulatory Efficiency Act                  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 the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or             Y
                                                                                                    similar manmade water conveyance that is operated for the distribution of water for
                                                                                                    agricultural, 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-feder-
                                                                                                    ally 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                On or before August 9, 2013, the facility is not licensed, or exempted from the licens-            Y
                                                 HREA.                                              ing requirements of Part I of the FPA.



                                                  Preliminary Determination: The                         Comments and Motions to Intervene:                     Filing and Service of Responsive
                                               proposed hydroelectric project will                     Deadline for filing comments contesting               Documents: All filings must (1) bear in
                                               utilize the Davis and Weber Canal, the                  whether the facility meets the qualifying             all capital letters the ‘‘COMMENTS
                                               primary purpose of which is to deliver                  criteria is 45 days from the issuance                 CONTESTING QUALIFICATION FOR A
                                               agricultural and irrigation water to                    date of this notice.                                  CONDUIT HYDROPOWER FACILITY’’
                                               Davis and Weber counties. The addition                    Deadline for filing motions to                      or ‘‘MOTION TO INTERVENE,’’ as
                                               of the Canal Station 603+00 Micro-                      intervene is 30 days from the issuance                applicable; (2) state in the heading the
                                               hydropower Project will not alter the                   date of this notice.                                  name of the applicant and the project
                                               conduit’s primary purpose. Therefore,                     Anyone may submit comments or a                     number of the application to which the
daltland on DSKBBV9HB2PROD with NOTICES




                                               based upon the above criteria,                          motion to intervene in accordance with                filing responds; (3) state the name,
                                               Commission staff preliminarily                          the requirements of Rules of Practice                 address, and telephone number of the
                                               determines that the proposal satisfies                  and Procedure, 18 CFR 385.210 and                     person filing; and (4) otherwise comply
                                               the requirements for a qualifying                       385.214. Any motions to intervene must                with the requirements of sections
                                               conduit hydropower facility, which is                   be received on or before the specified                385.2001 through 385.2005 of the
                                               not required to be licensed or exempted                 deadline date for the particular
                                               from licensing.                                         proceeding.


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                                               21772                           Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Notices

                                               Commission’s regulations.1 All                           ACTION:   Notice of data availability.                allowance allocations for the 2018
                                               comments contesting Commission staff’s                                                                         control periods. Generally, the
                                               preliminary determination that the                       SUMMARY:    The Environmental Protection              allocation procedures call for each
                                               facility meets the qualifying criteria                   Agency (EPA) is providing notice of the               eligible unit to receive a first-round
                                               must set forth their evidentiary basis.                  availability of data on emission                      2018 NUSA allocation equal to its 2017
                                                  The Commission strongly encourages                    allowance allocations to certain units                emissions as reported under 40 CFR part
                                               electronic filing. Please file motions to                under the Cross-State Air Pollution Rule              75 unless the total of such allocations to
                                               intervene and comments using the                         (CSAPR) trading programs. EPA has                     all eligible units would exceed the
                                               Commission’s eFiling system at http://                   completed preliminary calculations for                amount of allowances in the NUSA, in
                                               www.ferc.gov/docs-filing/efiling.asp.                    the first round of allocations of                     which case the allocations are reduced
                                               Commenters can submit brief comments                     allowances from the CSAPR new unit                    on a pro-rata basis.
                                               up to 6,000 characters, without prior                    set-asides (NUSAs) for the 2018 control                  The detailed unit-by-unit data and
                                               registration, using the eComment system                  periods and has posted spreadsheets                   preliminary allowance allocation
                                               at http://www.ferc.gov/docs-filing/                      containing the calculations on EPA’s                  calculations are set forth in Excel
                                               ecomment.asp. You must include your                      website. EPA will consider timely                     spreadsheets titled ‘‘CSAPR_NUSA_
                                               name and contact information at the end                  objections to the preliminary                         2018_NOX_Annual_1st_Round_Prelim_
                                               of your comments. For assistance,                        calculations (including objections                    Data’’, ‘‘CSAPR_NUSA_2018_NOX_OS_
                                               please contact FERC Online Support at                    concerning the identification of units                1st_Round_Prelim_Data’’, and ‘‘CSAPR_
                                               FERCOnlineSupport@ferc.gov, (866)                        eligible for allocations) before                      NUSA_2018_SO2_1st_Round_Prelim_
                                               208–3676 (toll free), or (202) 502–8659                  determining the final amounts of the                  Data,’’ available on EPA’s website at
                                               (TTY). In lieu of electronic filing, please              first-round allocations.                              https://www.epa.gov/csapr/new-unit-
                                               send a paper copy to: Secretary, Federal                 DATES: Objections to the information                  set-aside-notices-data-availability-nusa-
                                               Energy Regulatory Commission, 888                        referenced in this notice must be                     noda-cross-state-air-pollution-rule. Each
                                               First Street NE, Washington, DC 20426.                   received on or before June 11, 2018.                  of the spreadsheets contains a separate
                                               A copy of all other filings in reference                 ADDRESSES: Submit your objections via                 worksheet for each state covered by that
                                               to this application must be accompanied                  email to CSAPR_NUSA@epa.gov.                          program showing, for each unit
                                               by proof of service on all persons listed                Include ‘‘2018 NUSA allocations’’ in the              identified as eligible for a first-round
                                               in the service list prepared by the                      email subject line and include your                   NUSA allocation, (1) the unit’s
                                               Commission in this proceeding, in                        name, title, affiliation, address, phone              emissions in the 2017 control period
                                               accordance with 18 CFR 4.34(b) and                       number, and email address in the body                 (annual or ozone season as applicable),
                                               385.2010.                                                of the email.                                         (2) the maximum first-round 2018
                                                  Locations of Notice of Intent: Copies                 FOR FURTHER INFORMATION CONTACT:                      NUSA allowance allocation for which
                                               of the notice of intent can be obtained                  Questions concerning this action should               the unit is eligible (typically the unit’s
                                               directly from the applicant or such                      be addressed to Kenon Smith at (202)                  emissions in the 2017 control period),
                                               copies can be viewed and reproduced at                   343–9164 or smith.kenon@epa.gov or                    (3) various adjustments to the unit’s
                                               the Commission in its Public Reference                   Jason Kuhns at (202) 564–3236 or                      maximum allocation, many of which are
                                               Room, Room 2A, 888 First Street NE,                      kuhns.jason@epa.gov.                                  necessary only if the NUSA pool is
                                               Washington, DC 20426. The filing may                     SUPPLEMENTARY INFORMATION: Under                      oversubscribed, and (4) the preliminary
                                               also be viewed on the web at http://                     each CSAPR trading program where                      calculation of the unit’s first-round 2018
                                               www.ferc.gov/docs-filing/elibrary.asp                    EPA is responsible for determining                    NUSA allowance allocation.
                                               using the ‘‘eLibrary’’ link. Enter the                   emission allowance allocations, a                        Each state worksheet also contains a
                                               docket number (i.e., CD18–7) in the                      portion of each state’s emissions budget              summary showing (1) the quantity of
                                               docket number field to access the                        for the program for each control period               allowances initially available in that
                                               document. For assistance, call toll-free                 is reserved in a NUSA (and in an                      state’s 2018 NUSA, (2) the sum of the
                                               1–866–208–3676 or email                                  additional Indian country NUSA in the                 first-round 2018 NUSA allowance
                                               FERCOnlineSupport@ferc.gov. For TTY,                     case of states with Indian country                    allocations that will be made to new
                                               call (202) 502–8659.                                     within their borders) for allocation to               units in that state, assuming there are no
                                                 Dated: May 4, 2018.                                    certain units that would not otherwise                corrections to the data, and (3) the
                                               Kimberly D. Bose,                                        receive allowance allocations. The                    quantity of allowances that would
                                               Secretary.                                               procedures for identifying the eligible               remain in the 2018 NUSA for use in
                                                                                                        units for each control period and for                 second-round allocations to new units
                                               [FR Doc. 2018–09963 Filed 5–9–18; 8:45 am]
                                                                                                        allocating allowances from the NUSAs                  (or ultimately for allocation to existing
                                               BILLING CODE 6717–01–P
                                                                                                        and Indian country NUSAs to these                     units), again assuming there are no
                                                                                                        units are set forth in the CSAPR trading              corrections to the data.
                                                                                                        program regulations at 40 CFR 97.411(b)                  Objections should be strictly limited
                                               ENVIRONMENTAL PROTECTION                                 and 97.412 (NOX Annual), 97.511(b) and                to the data and calculations upon which
                                               AGENCY                                                   97.512 (NOX Ozone Season Group 1),                    the NUSA allowance allocations are
                                                                                                        97.611(b) and 97.612 (SO2 Group 1),                   based and should be emailed to the
                                               [FRL–9977–65–OAR]
                                                                                                        97.711(b) and 97.712 (SO2 Group 2), and               address identified in ADDRESSES.
                                               Allocations of Cross-State Air                           97.811(b) and 97.812 (NOX Ozone                       Objections must include: (1) Precise
                                               Pollution Rule Allowances From New                       Season Group 2). Each NUSA allowance                  identification of the specific data and/or
daltland on DSKBBV9HB2PROD with NOTICES




                                               Unit Set-Asides for 2018 Control                         allocation process involves up to two                 calculations the commenter believes are
                                               Periods                                                  rounds of allocations to eligible units,              inaccurate, (2) new proposed data and/
                                                                                                        termed ‘‘new’’ units, followed by the                 or calculations upon which the
                                               AGENCY: Environmental Protection                         allocation to ‘‘existing’’ units of any               commenter believes EPA should rely
                                               Agency (EPA).                                            allowances not allocated to new units.                instead to determine allowance
                                                                                                           This notice concerns preliminary                   allocations, and (3) the reasons why
                                                 1 18   CFR 385.2001–2005 (2017).                       calculations for the first round of NUSA              EPA should rely on the commenter’s


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Document Created: 2018-11-02 09:47:31
Document Modified: 2018-11-02 09:47:31
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 Citation83 FR 21771 

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