83 FR 2631 - Utah Board of Water Resources; Notice Suspending Procedural Schedule

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 83, Issue 12 (January 18, 2018)

[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Page 2631]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00752]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12966-005; Docket No. EL18-56-000]


Utah Board of Water Resources; Notice Suspending Procedural 
Schedule

    On December 11, 2017, the Commission issued notice that the license 
application for the proposed Lake Powell Pipeline Project No. 12966 is 
accepted for filing, soliciting motions to intervene and protests, 
ready for environmental analysis, and soliciting comments, 
recommendations, terms and conditions, and prescriptions. The notice 
established a deadline of 60 days from issuance for initial filings and 
105 days from issuance for reply comments.
    On December 27, 2017, Utah Board of Water Resources (Utah BWR), 
applicant for the proposed Lake Powell Pipeline Project, filed a 
petition for declaratory order (petition) pursuant to Rule 207(a)(2) of 
the Federal Energy Regulatory Commission's Rules of Practice and 
Procedure, 18 CFR 385.207(a)(2). Utah BWR requests that the Commission 
declare that the Commission's licensing jurisdiction under the Federal 
Power Act (FPA) includes all of the project facilities identified in 
the license application as the ``Hydro System,'' in particular, the 
penstock alignments there described as associated with the 
hydroelectric generating facilities. Together with the petition, Utah 
BWR filed a motion to suspend the procedural schedule for the licensing 
proceeding until the Commission rules on the petition.
    The Commission is requesting comments on the petition by separate 
notice. Utah BWR asserts that the Commission's resolution of the 
jurisdictional issues may affect the status under sections 4(e) and 33 
of the FPA of any preliminary conditions provided by the Bureau of Land 
Management (BLM) for the 50 miles of penstock alignments in the Hydro 
System that would traverse BLM lands using the Southern Route, or 
provided by the Bureau of Indian Affairs (BIA) for the 16.5 miles of 
penstock alignments in the Hydro System that would traverse the Kaibab 
Indian Reservation under the alternative route. To avoid possible 
confusion regarding these preliminary conditions, Utah BWR's request to 
suspend the procedural schedule is granted, effective immediately, 
until after the Commission issues a decision on the petition. 
Therefore, the deadline for filing motions to intervene and protests, 
comments, recommendations, terms and conditions, and prescriptions is 
extended to 60 days after issuance of a Commission decision on the 
petition, and the deadline for filing reply comments is extended to 105 
days after issuance of a Commission decision on the petition.

    Dated: January 11, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-00752 Filed 1-17-18; 8:45 am]
 BILLING CODE 6717-01-P