[Federal Register Volume 66, Number 132 (Tuesday, July 10, 2001)]
[Notices]
[Pages 35967-35968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17190]



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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Application Accepted for Filing and Soliciting 
Comments, Protests, and Motions To Intervene

July 3, 2001.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12022-000.
    c. Date filed: May 21, 2001.
    d. Applicant: John M. Mosby.
    e. Name and Location of Project: The Emigrant Creek Project would 
be located on Emigrant Creek in Jackson County, Oregon. The applicant 
states that the proposed project would be located on private lands, 
however, the project may affect the headworks of the Ashland Lateral 
Diversion Dam which are owned by the U.S. Bureau of Reclamation.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. Secs. 791(a)-
825(r).
    g. Applicant contacts: Ms. Janet White, Duke Engineering & 
Services, 19125 North Creek Parkway, Suite 203, Bothell, WA 98011, 
(425) 485-5668; Mr. Steve Mosby, 2730 Lone Tree Way, Suite 2, Antioch, 
CA 94509 (925) 754-8907.
    h. FERC Contact: Tom Papsidero, (202) 219-2715.
    i. Deadline for filing comments, protests, and motions to 
intervene: 60 days from the issuance date of this notice.
    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. Comments, protests and 
interventions may be filed electronically via the Internet in lieu of 
paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the 
Commission's web site at 
http://www.ferc.gov under the link to the User's Guide. If you have not 
yet established an account, you will need to create a new account by 
clicking on ``Login to File'' and then ``New User Account.''
    Please include the project number (P-12022-000) on any comments or 
motions filed. The Commission's Rules of Practice and Procedure require 
all interveners filing documents with the Commission to serve a copy of 
that document on each person in the official service list for the 
project. Further, if an intervener files comments or documents with the 
Commission relating to the merits of an issue that may affect the 
responsibilities of a particular resource agency, they must also serve 
a copy of the document on that resource agency.
    j. Description of Project: The proposed project would use a 
proposed diversion/intake structure 6 feet high and 50 feet in length 
and include: (1) A proposed powerhouse with a total installed capacity 
of 935 kilowatts; (2) a proposed 5,013-foot-long, 4.5-foot-diameter 
penstock; (3) a proposed 400-foot-long, 12.5 kv transmission line; and 
(4) appurtenant facilities. The project would operate in a run-of-river 
mode and would have an average annual generation of 3.5 GWh.
    k. 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, DC 20426, or by calling (202) 
208-1371. This filing may be viewed on the web at http://www.ferc.gov 
using the ``RIMS'' link, select ``Docket #'' from the RIMS Menu and 
follow the instructions (please call (202) 208-2222 for assistance).
    A copy is also available for inspection and reproduction at the 
address in item g above.
    l. Preliminary Permit--Anyone desiring to file a competing 
application for preliminary permit for a proposed project must submit 
the competing application itself, or a notice of intent to file such an 
application, to the Commission on or before the specified comment date 
for the particular application (see 18 CFR 4.36). Submission of a 
timely notice of intent allows an interested person to file the 
competing preliminary permit application no later than 30 days after 
the specified comment date for the particular application. A competing 
preliminary permit application must conform with 18 CFR 4.30(b) and 
4.36.
    m. Preliminary Permit--Any qualified development applicant desiring 
to file a competing development application must submit to the 
Commission, on or before a specified comment date for the particular 
application, either a competing development application or a notice of 
intent to file such an application. Submission of a timely notice of 
intent to file a development application allows an interested person to 
file the competing application no later than 120 days after the 
specified comment date for the particular application. A competing 
license application must conform with 18 CFR 4.30(b) and 4.36.
    n. Notice of Intent--A notice of intent must specify the exact 
name, business address, and telephone number of the prospective 
applicant, and must include an unequivocal statement of intent to 
submit, if such an application may be filed, either a preliminary 
permit application or a development application (specify which type of 
application). A notice of intent must be served on the applicant(s) 
named in this public notice.
    o. Proposed Scope of Studies under Permit--A preliminary permit, if 
issued, does not authorize construction. The term of the proposed 
preliminary permit would be 36 months. The work proposed under the 
preliminary permit would include economic analysis, preparation of 
preliminary engineering plans, and a study of environmental impacts. 
Based on the results of these studies, the Applicant would decide 
whether to proceed with the preparation of a development application to 
construct and operate the project.
    p. 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, 
.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 application.
    q. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT 
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'', 
``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, NE., 
Washington, DC 20426. An additional copy must be sent to Director, 
Division of Hydropower Administration and Compliance, Federal Energy 
Regulatory Commission, at the above-mentioned address. A copy of any 
notice of intent, competing application or motion to intervene must 
also be served upon each representative of the Applicant specified in 
the particular application.
    r. Agency Comments--Federal, state, and local agencies are invited 
to file comments on the described application.

[[Page 35968]]

A copy of the application may be obtained by agencies directly from the 
Applicant. If an 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. 01-17190 Filed 7-9-01; 8:45 am]
BILLING CODE 6717-01-P