[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Notices]
[Pages 10748-10749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3725]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13084-000]


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

February 21, 2008.
    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.: 13084-000.
    c. Date filed: December 18, 2007.
    d. Applicant: BPUS Generation Development LLC.
    e. Name and Location of Project: The proposed Emsworth Back Channel 
Dam Hydroelectric Project would be located on the Ohio River in 
Allegheny County, Pennsylvania. It would use the U.S. Army Corps of 
Engineers' Emsworth Back Channel Dam.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant contact: Mr. Jeffrey M. Auser, P.E., BPUS Generation 
Development, LLC, 225 Greenfield Parkway, Suite 201, Liverpool, NY 
13088, (315) 413-2700.
    h. FERC Contact: Tom Papsidero, (202) 502-6002.
    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: 
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-13084-000) 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.
    j. Description of Existing Facilities and Proposed Project: The 
proposed project using the existing U.S. Army Corps of Engineers' 
Emsworth Back Channel Dam would consist of: (1) A new 200-foot long, 
200-foot wide, 50-foot high concrete powerhouse; (2) a new intake 
channel and tailrace channel on the northern bank of the back channel, 
on Neville Island; (3) five turbine/generator units with a combined 
installed capacity of 32.7 megawatts; (4) a new 2.47-mile-long 
transmission line extending from the switchyard near the powerhouse to 
an interconnection point with an existing transmission line located 
southwest of the powerhouse; and (5) appurtenant facilities. The 
proposed project would have an average annual generation of 141.3 
gigawatt-hours.
    k. Location of Applications: A copy of the application is available 
for inspection and reproduction 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 g 
above.
    l. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    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 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

[[Page 10749]]

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.
    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.
 [FR Doc. E8-3725 Filed 2-27-08; 8:45 am]
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