[Federal Register Volume 67, Number 72 (Monday, April 15, 2002)]
[Notices]
[Pages 18193-18194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9027]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


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

April 9, 2002.
    Take notice that the following application has been filed with the 
Commission and is available for public inspection:
    a. Application Type: Request to Amend Language of Article 42.
    b. Project No: 2716-037.
    c. Date Filed: March 1, 2002.
    d. Applicant: Virginia Electric and Power Company.
    e. Name of Project: Bath County Pumped Storage Station.
    f. Location: The project is located on Back Creek and Little Back 
Creek in Bath County, Virginia.
    g. Filed Pursuant to: 18 CFR 4.200.
    h. Applicant Contacts: Ms. Sara S. Bell, Bath County Pumped Storage 
Station, HCR 1 Box 280, Warm Springs, VA 24484, phone (540) 279-3068 or 
Mr. James W. Thorton, Dominion Generation, 5000 Dominion Boulevard, 
Glen Allen, VA 23060, phone (804) 273-3257.
    i. FERC Contact: Any questions on this notice should be addressed 
to Mr. Robert Fletcher at (202) 219-1206, or e-mail address: 
[email protected].
    j. Deadline for filing comments and or motions: May 10, 2002.
    All documents (original and seven copies) should be filed with: 
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington DC 20426. Please include the project 
number (P-2716-037) on any comments or motions filed.
    k. Description of Request: Article 42 states that, except as the 
Commission may otherwise order on its own motion or at the request of 
the Virginia State Water Control Board and the Virginia Department of 
Game and Inland Fisheries or the U.S. Fish and Wildlife Service, after 
notice and opportunity for hearing, the licensee is to release a 
combined minimum discharge of 15 cubic feet per second (cfs), including 
seepage flows, from the upper and lower reservoirs. The minimum 
discharge from the upper reservoir shall be 2 cfs and the minimum 
discharge from the lower reservoir shall be 10 cfs, including seepage 
flows in each case. However, the minimum discharges may be temporarily 
modified if they are limited by natural inflows and the depletion of 
conservation storage or if a modification is required by operating 
emergencies beyond the licensee's control.
    The licensee proposes to change the language of article 42 to 
parallel the release strategy under its Virginia Department of 
Environmental Quality's Virginia Water Protection Permit. The proposed 
change would be as follows:
    Article 42. Under normal operating conditions, with full 
conservation storage of 3,200 acre-feet, the licensee shall release a 
combined minimum daily average discharge from the upper and lower 
reservoirs of 15 cubic feet per second (cfs), including seepage flows. 
The minimum discharge from the upper reservoir will always be 2 cfs or 
greater and the minimum discharge from the lower reservoir will always 
be 10 cfs or greater, including seepage flows in each case.
    When low inflow to the project reservoirs results in 50 percent or 
greater depletion of the 3,200 acre-feet of conservation storage, the 
licensee may reduce the releases to a daily average of 7.5 cfs from the 
lower reservoir (at no time to be below 6 cfs) and 2.0 cfs from the 
upper reservoir.
    If conditions persist and the 3,200 acre-feet of conservation pool 
is depleted by 80 percent or greater, the daily average discharge from 
the lower reservoir may be reduced to 5.0 cfs (at no time to be below 4 
cfs) and the discharge from the upper reservoir may be reduced to 1.5 
cfs.
    These requirements may also be temporarily modified if required by 
operating emergencies beyond the control of the licensee. If drought 
conditions deplete the entire 3,200 acre-feet of conservation pool, the 
licensee may, upon mutual agreement with the Virgina Department of 
Environmental Quality (VDEQ) and Virginia Department of Game and Inland 
Fisheries, and following public input as determined by the VDEQ, reduce 
flows further. If the flows are so modified, the licensee shall notify 
the Commission no later than ten 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

[[Page 18194]]

also be viewed on the web at http://www.ferc.gov using the ``RIMS'' 
link, select ``Docket#'' and follow the instructions (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.
    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, 
.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. o. 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. A copy 
of any motion to intervene must also be served upon each representative 
of the Applicant specified in the particular application. p. 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 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.
    q. 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 ``e-Filing'' link.

Magalie R. Salas,
Secretary.
[FR Doc. 02-9027 Filed 4-12-02; 8:45 am]
BILLING CODE 6717-01-P