[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Notices]
[Pages 71399-71400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24304]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13037-000]


BPUS Generation Development, LLC; Notice of Application Accepted 
for Filing and Soliciting Motions To Intervene, Protests, and Comments

December 10, 2007.
    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.: 13037-000.
    c. Date filed: September 28, 2007.
    d. Applicant: BPUS Generation Development, LLC.
    e. Name of Project: Nimrod Dam Hydroelectric Project.
    f. Location: Fourche La Fave River in Yell County, Arkansas. It 
would use the U.S. Army Corps of Engineers' Nimrod Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)--825(r).
    h. Applicant Contact: Mr. Jeffrey M. Auser, P.E., BPUS Generation 
Development, LLC, 225 Greenfield Parkway, Suite 201, Liverpool, NY 
13088, (315) 413-2700.
    i. FERC Contact: Robert Bell, (202) 502-4126.
    j. 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: 
Kimberly D. Bose, 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 under the ``e-Filing'' link. The Commission 
strongly encourages electronic filings. Please include the project 
number (P-13037-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all 
intervenors 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 intervenor 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.
    k. Description of Project: The proposed project using the U.S. Army 
Corps of Engineers' Nimrod Dam and operated in a run-of-river mode 
would consist of: (1) A new 50-foot long, 50-foot wide, 40-foot high 
concrete powerhouse and associated switchyard; (2) one 200-foot-long, 
8-foot-diameter steel penstock; (3) a new tailrace channel immediately 
downstream of the existing Corps' outlet works; (4) one turbine/
generator unit with an installed capacity of 6 megawatts; (5) a new 
6,079-foot long above ground transmission line extending from the 
switchyard near the powerhouse east to an interconnection point with an 
existing transmission line owned by First Electric Cooperative Electric 
Corporation; and (6) appurtenant facilities. The proposed Nimrod Dam 
Project would have an average annual generation of 13 gigawatt-hours.
    l. This filing is 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, call toll-free 1-866-208-3676 or 
e-mail [email protected]. For TTY, call (202) 502-8659. A copy 
is also available for inspection and reproduction at the address in 
item h above.
    m. Competing 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

[[Page 71400]]

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 and 4.36.
    n. Competing Development Application--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 and 4.36.
    o. 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.
    p. 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.
    q. 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.
    r. 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'', and ``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.
    s. 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.

Kimberly D. Bose,
Secretary. Project No. 13037-000
[FR Doc. E7-24304 Filed 12-14-07; 8:45 am]
BILLING CODE 6717-01-P