83 FR 43672 - Notice of Intent To Terminate Conduit Exemption and Soliciting Comments, Protests, and Motions To Intervene: City of San Luis Obispo

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 83, Issue 166 (August 27, 2018)

[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43672-43673]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18465]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5218-002]


Notice of Intent To Terminate Conduit Exemption and Soliciting 
Comments, Protests, and Motions To Intervene: City of San Luis Obispo

    Take notice that the following hydroelectric proceeding has been 
initiated by the Commission:
    a. Type of Proceeding: Termination of small conduit exemption by 
implied surrender.
    b. Project No.: 5218-002.
    c. Date Initiated: August 21, 2018.
    d. Exemptee: City of San Luis Obispo, California.
    e. Name and Location of Project: This conduit hydroelectric project 
is located on the City of San Luis Obispo's water supply in San Luis 
Obispo County, California.
    f. Filed Pursuant to: 18 CFR 4.94 (Standard Article 1).
    g. Exemptee Contact Information: Mr. Wade Horton, Water Division 
Manager, San Luis Obispo, 879 Morro Street, San Luis Obispo, CA 93401; 
phone: (805) 781-7237.
    h. FERC Contact: Jennifer Polardino, (202) 502-6437, 
[email protected].
    i. Deadline for filing comments, protests, or motions to intervene 
is 30 days from the issuance of this notice by the Commission. Please 
file your submittal electronically via the internet (eFiling) in lieu 
of paper. Please refer to the instructions on the Commission's website 
under http://www.ferc.gov/docs-filing/efiling.asp and filing 
instructions in the Commission's Regulations at 18 CFR 
385.2001(a)(1)(iii). To assist you with eFilings you should refer to 
the submission guidelines document at http://www.ferc.gov/help/submission-guide/user-guide.pdf. In addition, certain filing 
requirements have statutory or regulatory formatting and other 
instructions. You should refer to a list of these ``qualified 
documents'' at http://www.ferc.gov/docs-filing/efiling/filing.pdf. You 
must include your name and contact information at the end of your 
comments. Please include the project number (P-5218-002) on any 
documents or motions filed. The Commission strongly encourages 
electronic filings; otherwise, you should submit an original and seven 
copies of any submittal to the following address: The Secretary, 
Federal Energy Regulatory Commission, Mail Code: DHAC, PJ-12, 888 First 
Street NE, Washington, DC 20426.
    j. Description of Project Facilities: As authorized, the project 
uses the following existing water supply facilities: (1) A 5,133-foot-
long, 18-inch diameter Salinas pipeline; (2) an existing 4,080-foot-
long, 12-inch diameter San Luis Obispo City pipeline, which serves as 
the project's penstock; (3) a powerhouse containing a generating unit 
with a nameplate capacity of 680 kilowatts; and (4) a transmission line 
that connects the powerhouse to an existing Pacific Gas and Electric 
Company distribution line.
    k. Description of Proceeding: The exemptee is in violation of 
Standard Article 1 of its exemption issued on January 17, 1982 (18 FERC 
] 62,059). Article 1 provides, among other things, that the Commission 
may terminate an exemption if any term or condition of the exemption is 
violated.
    Commission records, including correspondence with the exemptee, 
show that the San Luis Obispo Project has not operated since June 1993. 
Since 1995, the Commission has worked with the exemptee to file a plan 
and schedule to restore operation. Over the years, the exemptee has 
made many proposals to restart generation, but none have come to 
fruition. Most recently, on September 19, 2017, the exemptee said it 
planned to complete new designs by June 2018 for rebuilding portions of 
the project and would begin construction by December 2018. The exemptee 
has not filed its new designs and has stopped responding to Commission 
staff letters seeking updates. On May 24, 2018, Commission staff 
notified the exemptee

[[Page 43673]]

that failure to file a response may result in implied surrender of the 
project's exemption.
    l. This notice is available for review and reproduction at the 
Commission in the Public Reference Room, Room 2A, 888 First Street NE, 
Washington, DC 20426. The filing may also be viewed on the Commission's 
website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the 
Docket number (P-5218-002) excluding the last three digits in the 
docket number field to access the notice. 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, call toll-free (866) 208-3676 or email 
[email protected]. For TTY, call (202) 502-8659.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: 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, 
.212, .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 proceeding.
    o. Filing and Service of Responsive Documents: Any filing must (1) 
Bear in all capital letters the title ``COMMENTS,'' ``PROTEST,'' or 
``MOTIONS TO INTERVENE,'' as applicable; (2) set forth in the heading 
the project number of the proceeding to which the filing responds; (3) 
furnish the name, address, and telephone number of the person 
commenting, protesting, or intervening; and (4) otherwise comply with 
the requirements of 18 CFR 385.2001 through 385.2005. All comments or 
protests must set forth their evidentiary basis. All comments, 
protests, or motions to intervene should relate to project works which 
are the subject of the termination of exemption. A copy of any protest 
or motion to intervene must be served on each representative of the 
exemptee specified in item g. above. A copy of all other filings in 
reference to this notice 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.
    p. Agency Comments: Federal, state, and local agencies are invited 
to file comments on the described proceeding. If any agency does not 
file comments within the time specified for filing comments, it will be 
presumed to have no comments.

    Dated: August 21, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-18465 Filed 8-24-18; 8:45 am]
BILLING CODE 6717-01-P