[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Notices]
[Pages 75057-75058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3653]



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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Settlement Agreement, Applications and Applicant-
Prepared EAS Accepted for Filing, Soliciting Motions To Intervene and 
Protests, and Soliciting Comments, and Final Recommendations, Terms and 
Conditions, and Prescriptions

December 9, 2004.
    Take notice that the following hydroelectric applications and 
applicant-prepared environmental assessments and settlement agreement 
have been filed with the Commission and are available for public 
inspection.
    a. Type of Applications: New major license and settlement 
agreement.
    b. Project Nos.: 2071-013; 2111-018; 2213-011; and 935-053.
    c. Dates Filed: May 5, 1999 (2071-013); April 28, 2004 (other 
projects); and December 2 and 3, 2004 (settlement agreement).
    d. Applicants: PacifiCorp (Project Nos. 2071, 2111, & 935) and 
Public Utility District No. 1 of Cowlitz County (Project No. 2213).
    e. Name of Projects: Yale Hydroelectric Project (2071); Swift No. 1 
Hydroelectric Project (2111); Swift No. 2 Hydroelectric Project (2213); 
and Merwin Hydroelectric Project (935).
    f. Location: On the North Fork Lewis River, in Cowlitz, Clark, and 
Skamania County Washington. The Yale and Merwin Projects occupy 84 and 
142.15 acres, respectively, of Federal land administered by the Bureau 
of Land Management. The Swift No. 1 Project occupies 63.25 acres of 
Federal land administered by the Bureau of Land Management and 229.00 
acres of Federal lands administered by the U.S. Forest Service. The 
Swift No. 2 Project occupies 3.79 acres of Federal land owned by the 
U.S. Forest Service.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r) 
and Rule 602 of the Commission's Rules of Practice and Procedure, 18 
CFR 385.602.
    h. Applicant Contacts: Yale, Swift No. 1, and Merwin Projects: 
Frank C. Shrier, Lead Project Manager, Hydro Licensing, PacifiCorp 825 
NE. Multnomah Street, Suite 1500, Portland, Oregon 97232; Telephone 
(503) 813-6622. Swift No. 2 Project: Diana MacDonald, Public Utility 
District No. 1 of Cowlitz County P.O. Box 3007, 961 12th Avenue 
Longview, Washington 98632; Telephone (360) 577-7585; e-mail--
[email protected].
    i. FERC Contact: Jon Cofrancesco at (202) 502-8951; or e-mail at 
[email protected].
    j. Deadline for filing comments on the settlement and motions to 
intervene, protests, comments, and final recommendations, terms and 
conditions, and prescriptions on the relicensing proceeding is 60 days 
from the issuance of this notice; reply comments are due 105 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.
    The Commission's Rules of Practice require all intervenors filing 
documents with the Commission to serve a copy of that document on each 
person on 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.
    Motions to intervene and protests, comments, recommendations, terms 
and conditions, and prescriptions may be filed electronically via the 
Internet in lieu of paper. The Commission strongly encourages 
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions 
on the Commission's Web site (http://www.ferc.gov) under the ``e-
Filing'' link.
    k. These applications have been accepted for filing.
    l. The Project Descriptions:
    The Yale Project consists of: (1) A 1,500-foot-long embankment dam 
known as Yale Dam, and an adjacent 1, 600-foot-long, earth-fill 
structure known as Saddle Dam; (2) a 10.5-mile-long reservoir with a 
surface area of 3,800 acres; (3) a concrete, chute-type spillway; (4) a 
1,530-foot-long diversion tunnel; (5) two penstocks; (6) a powerhouse 
located downstream of Yale Dam, containing two generating units with a 
combined capacity of 134 megawatts (MW); (7) a 11.5-mile-long, 115-
kilovolt transmission line; and (8) appurtenant facilities.
    The Swift No. 1 Project consists of: (1) A 2,100-foot-long earth 
fill dam; (2) a reservoir with a surface area of 4,680 acres at the 
normal maximum operating elevation (1,000 feet mean sea level); (3) a 
3,000-foot-long diversion tunnel; (4) an intake structure; (5) three 
individual penstocks; (6) a surge tank; (7) a powerhouse, containing 
three 80-MW, generating units, having a total installed capacity of 240 
MW; (8) a 1,800-foot-long, gated spillway and discharge channel; and 
(9) appurtenant facilities.
    The Swift No. 2 Project consists of: (1) A 3.2-mile-long power 
canal consisting of both concrete and earth embankment sections and 
having a surface area of 53 acres; (2) a 1,100-foot-long concrete lined 
forebay; (3) an 82-foot-long check structure; (4) a 537 foot-long side 
channel spillway/wasteway, (5) a 90 foot-high intake structure with two 
vertical gates: (6) two 250-foot-long steel lined penstocks; (7) a 
powerhouse, containing two 35-MW generating units, having a total 
installed capacity of 70 MW; (8) a 0.9-mile-long, 230-kilovolt 
transmission line; and (9) appurtenant facilities.
    The Merwin Project consists of: (1) A 728-foot-long concrete radius 
arch dam; (2) a reservoir with a surface area of 4,040 acres at the 
normal maximum operating level (239.6 feet mean sea level); (3) a 
1,462-foot-long diversion tunnel; (4) an intake structure; (5) three 
150-foot-long penstocks; (6) a powerhouse, containing three 45-MW and 
one 1-MW generating units, having a total installed capacity of 136 MW; 
(8) a gated spillway; and (9) appurtenant facilities.
    m. PacifiCorp and Public Utility District No. 1 of Cowlitz County 
each filed identical settlement agreements on December 2 and 3, 2004, 
respectively, on behalf of themselves, and twenty parties to resolve, 
among the signatories, issues related to the pending applications for 
new major licenses for the Yale, Swift No. 1, Swift No. 2, and Merwin 
Hydroelectric Projects. The settlement includes measures for fish 
passage, instream flow, fish hatcheries, aquatic habitat, wildlife 
habitat, recreation, cultural resources, flood management, 
socioeconomics, monitoring and evaluation, and coordination among the 
parties. The parties request the Commission accept the relevant 
provisions of the settlement agreement in its license orders without 
material modification.
    n. Copies of the applications and settlement are available for 
review at the Commission in the Public Reference Room or may be viewed 
on the Commission's Web site at http://www.ferc.gov using the 
``eLibrary'' link. Enter the docket number excluding the last three 
digits in the docket number field to access the document. For 
assistance, contact FERC Online Support at [email protected] 
or toll-free at 1-866-208-3676, or for TTY, (202) 502-8659. Copies are 
also available for inspection and reproduction at the addresses in item 
h above.
    o. Anyone may submit comments, a protest, or a motion to intervene 
in accordance with the requirements of Rules of Practice and Procedure, 
18 CFR

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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.
    All filings must (1) bear in all capital letters the title 
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,'' 
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;'' 
(2) set forth in the heading the name of the applicant and the project 
number of the application to which the filing responds; (3) furnish the 
name, address, and telephone number of the person protesting or 
intervening; and (4) otherwise comply with the requirements of 18 CFR 
385.2001 through 385.2005. All comments, recommendations, terms and 
conditions or prescriptions must set forth their evidentiary basis and 
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may 
obtain copies of the application directly from the applicant. A copy of 
any protest or motion to intervene must be served upon each 
representative of the applicant specified in the particular 
application. 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.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and 
issuances related to this or other pending projects. For assistance, 
contact FERC Online Support.

Magalie R. Salas,
Secretary.
[FR Doc. E4-3653 Filed 12-14-04; 8:45 am]
BILLING CODE 6717-01-P