[Federal Register Volume 65, Number 64 (Monday, April 3, 2000)]
[Notices]
[Pages 17497-17498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8064]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Temporary Variance Request and Soliciting Comments, 
Motions To Intervene, and Protests

March 28, 2000.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Request To Amend Language of Article 29.
    b. Project No.: 2210-047.
    c. Date filed: February 22, 2000.
    d. Applicant: Appalachian Power Company.
    e. Name of Project: Smith Mountain Project.
    f. Location: On the Roanoke River, Bedford, Franklin, Campbell, 
Pittsylvania, and Roanoke Counties, Virginia. The project does not 
utilize federal or tribal lands.
    g. Filed Pursuant to: 18 CFR 4.200.
    h. Applicant Contact: Frank M. Simms, American Electric Power, 1 
Riverside Plaza, Columbus, OH 43215-2373, (614) 223-2918.
    i. FERC Contact: Robert Fletcher, [email protected], 202-
219-1206.
    j. Deadline for filing comments, motions to intervene and protest: 
30 days from the issuance date of this notice. Please include the 
project number (2210-047) on any comments or motions filed. All 
documents (original and eight copies) should be filed with: David P. 
Boergers, Secretary, Federal Energy Regulatory Commission, 888 First 
Street, NE, Washington, DC 20426.
    k. Description of Application: Article 29 of the Smith Mountain 
Project currently read as follows: ``Except as provided for in Article 
30, the Licensee shall release from the Lower development a minimum 
average weekly flow of 650 cubic feet per second.''
    It should be noted that Article 30 addresses flows during the 
initial filling of the project reservoir. Conditions contained under 
license articles for other projects issued by the Commission address 
temporary modifications to project flow. The language generally reads 
as follows: ``These flows may be temporarily modified if required by 
operating emergencies beyond the control of the licensee, or for short 
periods upon mutual agreement between the licensee and the appropriate 
agencies. If the flows are so modified, the licensee shall notify the 
Commission as soon as possible, but not later than 10 days after each 
such incident.''
    The licensee has consulted with the Virginia Department of Fish and 
Game and Inland Fisheries and the Virginia Department of Environmental 
Quality to develop the following language to replace the currently 
contained language of Article 29: ``Except as provided in Article 30, 
the licensee shall release from the Lower Development a minimum average 
weekly flow of 650 cubic feet per second. These flows may be 
temporarily modified if required by operating emergencies beyond the 
control of the licensee, and/or for short periods of time (up to 45 
days) during drought and/or low inflow conditions, upon mutual 
agreement between the licensee and the Virginia Department of 
Environmental Quality (DEQ), in consultation with the Virginia 
Department of Game and Inland Fisheries, following appropriate public 
input as determined by the DEQ. If the flows are so modified, the 
licensee shall notify the Commission no later than 10 days after each 
such incident.''
    l. Locations of the application: A copy of the application is 
available for inspection and reproduction at the Commission's Public 
Reference Room, located at 888 First Street, NE, Room 2A, Washington, 
D.C. 20426, or by calling (202) 208-1371. This filing may be viewed on 
http://www.ferc.fed.us/online/rims.htm (call (202) 208-2222 for 
assistance). A copy is also available for inspection and reproduction 
at the address in item h above.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    Protests or Motions to Intervene--Anyone may submit a protest or a 
motion to intervene in accordance with the requirements of Rules of 
Practice and Procedure, 18 CFR 385.210,

[[Page 17498]]

385.211, and 385.214. In determining the appropriate action to take, 
the Commission will consider all protests 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 protests or motions to 
intervene must be received on or before the specified deadline date for 
the particular application.
    Filing and Service of Responsive Documents--Any filings must bear 
in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS FOR 
TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as 
applicable, and the Project Number of the particular application to 
which the filing refers. Any of the above-named documents must be filed 
by providing the original and the number of copies provided by the 
Commission's regulations to: The Secretary, Federal Energy Regulatory 
Commission, 888 First Street, N.E., Washington, D.C. 20426. A copy of 
any motion to intervene must also be served upon each representative of 
the Applicant specified in the particular application.
    Agency Comments--Federal, state, and local agencies are invited to 
file comments on the described application. A copy of the application 
may be obtained by agencies directly from the Applicant. If any agency 
does not file comments within the time specified for filing comments, 
it will be presumed to have no comments. One copy of an agency's 
comments must also be sent to the Applicant's representatives.

David P. Boergers,
Secretary.
[FR Doc. 00-8064 Filed 3-31-00; 8:45 am]
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