[Federal Register Volume 67, Number 124 (Thursday, June 27, 2002)]
[Notices]
[Pages 43305-43306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16250]


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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

June 21, 2002.
    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.: 12174-000.
    c. Date filed: May 30, 2002.
    d. Applicant: Lexington Hydro, LLC.
    e. Name and Location of Project: The Lexington Project would be 
located on Los Gatos Creek, a tributary of the Guadalupe River in Santa 
Clara County, California. The project would be located on an existing 
dam owned by Pacific Water & Power. The project would be partially 
located on lands owned by Pacific Water & Power.
    f. Filed Pursuant to:'' Federal Power Act, 16 U.S.C. 791(a)--
825(r).
    g. Applicant contact: Mr. Brent L. Smith, President, Northwest 
Power Services, Inc., P.O. Box 535, Rigby, ID 83442, (208) 745-8630, 
fax (208) 745-7909.
    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: 
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426. Motions to intervene, 
protests, and comments 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 under the ``e-Filing'' link. Please include 
the project number (P-12174-000) 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 the 
existing Lexington Reservoir, impounded by an

[[Page 43306]]

existing 810-foot-long, 205-foot-high earthfill dam, and having a 
surface area of 450 acres and a storage capacity of 21,430 acre-feet at 
normal maximum water surface elevation 645 feet msl and include: (1) A 
proposed powerhouse with a total installed capacity of 1 megawatt, (2) 
a proposed 200-foot-long, 3.5-foot-diameter penstock, (3) a proposed 1-
mile-long, 15 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 8.76 GWh.
    k. Copies of this filing are on file with the Commission and are 
available for public inspection. This filing may 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).
    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, 
385.211, 385.214. 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. 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.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-16250 Filed 6-26-02; 8:45 am]
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