83 FR 54740 - Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene; Haights Creek Irrigation Company

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 83, Issue 211 (October 31, 2018)

[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54740-54741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23769]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD19-1-000]


Notice of Preliminary Determination of a Qualifying Conduit 
Hydropower Facility and Soliciting Comments and Motions To Intervene; 
Haights Creek Irrigation Company

    On October 12, 2018, the Haights Creek Irrigation 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 Haights Creek Micro-Hydropower Project would have a total 
installed capacity up to 24 kilowatts (kW), and would be located on the 
existing Haights Creek Irrigation Pipeline. The project would be 
located near the City of Kaysville in Davis County, Utah.
    Applicant Contact: Dan Robinson, Haights Creek Irrigation Company, 
820 East 200 North, Kaysville, UT 84037,

[[Page 54741]]

Phone No. (801) 546-4242, email: [email protected].
    FERC Contact: Robert Bell, Phone No. (202) 502-6062; Email: 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) Up to six 4-kW turbine-generators 
connected to an existing irrigation pipeline with a total generating 
capacity of up to 24 kW, and (2) appurtenant facilities. The proposed 
project would have an estimated annual generation of up to 105.42 
megawatt-hours.
    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
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                                                                                                      Satisfies
              Statutory provision                                   Description                         (Y/N)
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FPA 30(a)(3)(A), as amended by HREA............  The conduit the facility uses is a tunnel, canal,            Y
                                                  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 by HREA.........  The facility is constructed, operated, or                    Y
                                                  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 by HREA........  The facility has an installed capacity that does             Y
                                                  not exceed 5 megawatts.
FPA 30(a)(3)(C)(iii), as amended by HREA.......  On or before August 9, 2013, the facility is not             Y
                                                  licensed, or exempted from the licensing
                                                  requirements of Part I of the FPA.
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    Preliminary Determination: The proposed Haights Creek Micro-
Hydropower Project will not interfere with the primary purpose of the 
conduit, which is to transport water for irrigation by filling an 
equalizing reservoir, which in turn provides pressure for an irrigation 
zone in their service area. 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.
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    \1\ 18 CFR 385.2001-2005 (2018).
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    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., CD19-1) 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: October 25, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-23769 Filed 10-30-18; 8:45 am]
BILLING CODE 6717-01-P