[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Notices]
[Pages 20285-20287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7914]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12693-001]


Sutton Hydroelectric Company, LLC; Notice of Intent To File 
License Application, Filing of Pre-Application Document, Commencement 
of Licensing Proceeding, Scoping Meetings, Solicitation of Comments on 
the Pad and Scoping Document, and Identification of Issues and 
Associated Study Requests

April 7, 2008.
    a. Type of Filing: Notice of Intent to File License Application for 
an Original License and Commencing Licensing Proceeding.
    b. Project No.: 12693-001.
    c. Date Filed: February 6, 2008.
    d. Submitted By: Sutton Hydroelectric Company, LLC.
    e. Name of Project: Sutton Hydroelectric Project.
    f. Location: On the Elk River, in Braxton County, West Virginia. 
The project would occupy federal lands administered by the U.S. Army 
Corps of Engineers.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's 
Regulations.
    h. Potential Applicant Contact: Ken Kemp, Project Manager, Sutton 
Hydroelectric Company LLC, Brookfield Power, 225 Greenfield Parkway, 
Suite 201, Liverpool, New York 13088, (315) 413-2769.
    i. FERC Contact: Timothy Konnert, [email protected], (202) 
502-6359.
    j. We are asking Federal, State, local, and tribal agencies with 
jurisdiction and/or special expertise with respect to environmental 
issues to cooperate with us in the preparation of the environmental 
document. Agencies who would like to request cooperating status should 
follow the instructions for filing comments described in paragraph o., 
below. Cooperating agencies should

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note the Commission's policy that agencies that cooperate in the 
preparation of the environmental document cannot also intervene. See, 
94 FERC ] 61,076 (2001).
    k. With this notice, we are initiating informal consultation with: 
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under 
section 7 of the Endangered Species Act and the joint agency 
regulations thereunder at 50 CFR, Part 402; and (b) the State Historic 
Preservation Officer, as required by section 106, National Historical 
Preservation Act, and the implementing regulations of the Advisory 
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Sutton Hydroelectric 
Company, LLC as the Commission's non-federal representative for 
carrying out informal consultation, pursuant to section 7 of the 
Endangered Species Act and section 106 of the National Historic 
Preservation Act.
    m. Sutton Hydroelectric Company, LLC filed a Pre-Application 
Document (PAD; including a proposed process plan and schedule) with the 
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations. The 
Commission issued the Scoping Document for the proposed Sutton Project 
on April 7, 2008.
    n. A copy of the PAD and the scoping document are available for 
review at the Commission in the Public Reference Room or may be viewed 
on the Commission's Web site (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, of for TTY, (202) 502-8659. A copy is 
also available for inspection and reproduction at the address in 
paragraph h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified 
via e-mail of new filing and issuances related to this or other pending 
projects. For assistance, contact FERC Online Support.
    o. With this notice, we are setting the effective date for the 
commencement of the licensing proceeding as April 7, 2008, and 
soliciting comments on the PAD and the scoping document, as well as 
study requests. All comments on the PAD and the scoping document, and 
study requests should be sent to the address above in paragraph h. In 
addition, all comments on the PAD and the scoping document, study 
requests, requests for cooperating agency status, and all 
communications to and from Commission staff related to the merits of 
the potential application (original and eight copies) must be filed 
with the Commission at the following address: Kimberly D. Bose, 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426. All filings with the Commission must include on 
the first page, the project name (Sutton Project) and number (P-12693-
001), and bear the heading ``Comments on Pre-Application Document,'' 
``Study Requests,'' ``Comments on Scoping Document,'' ``Request for 
Cooperating Agency Status,'' or ``Communications to and from Commission 
Staff.'' Any individual or entity interested in submitting study 
requests, commenting on the PAD or the scoping document, and any agency 
requesting cooperating status must do so by June 5, 2008.
    Comments on the PAD and the scoping document, study requests, 
requests for cooperating agency status, and other permissible forms of 
communications with the Commission 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 
``efiling'' link.
    p. Although our current intent is to prepare an environmental 
assessment (EA), there is the possibility that an Environmental Impact 
Statement (EIS) will be required. Nevertheless, this meeting will 
satisfy the NEPA scoping requirements, irrespective of whether an EA or 
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of 
the project at the time and place noted below. The daytime meeting will 
focus on resource agency, Indian tribes, and non-governmental 
organization concerns, while the evening meeting is primarily for 
receiving input from the public. We invite all interested individuals, 
organizations, and agencies to attend one or both of the meetings, and 
to assist staff in identifying particular study needs, as well as the 
scope of environmental issues to be addressed in the environmental 
document. The times and locations of these meetings are as follows:\1\
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    \1\ Pursuant to Sec.  5.8(b)(3)(VIII) of the Commission's 
regulations, the scoping meeting and site visit is to be held within 
30 days of this notice. However, due to facility unavailability, the 
scoping meetings have been rescheduled for one week later. To the 
extent necessary, therefore, Sec.  5.8(b)(3)(VIII) is being waived. 
The updated process plan in the Commission's scoping document has 
been modified accordingly.
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Evening Scoping Meeting

    Date and Time: Monday, May 12, 2008, 6 p.m. (EST),
    Location: Days Hotel Flatwoods, 2000 Sutton Lane, Sutton, WV 26601. 
(304) 765-5055.

Daytime Scoping Meeting

    Date and Time: Tuesday, May 13, 2008, 10 a.m. (EST).
    Location: Same location.
    Sutton Hydroelectric Company, LLC will also host a site visit at 
the project on May 12, 2008, at 2 p.m. to describe the proposed 
project. Those wishing to participate will meet at the upstream 
recreation parking lot next to the dam.
    The scoping document, which outlines the issues to be addressed in 
the environmental document, has been mailed to the individuals and 
entities on the Commission's mailing list. Copies of the scoping 
document will be available at the scoping meetings, and may be viewed 
on the Web at http://www.ferc.gov, using the ``eLibrary'' link. Follow 
the directions for accessing information in paragraph n. Depending on 
the extent of comments received, a revised Scoping Document may or may 
not be issued.

Scoping Meeting Objectives

    At the scoping meetings, staff will: (1) Present the proposed list 
of issues to be addressed in the EA; (2) review and discuss existing 
conditions and resource agency management objectives; (3) review and 
discuss existing information and identify preliminary information and 
study needs; (4) review and discuss the process plan and schedule for 
pre-filing activity that incorporates the time frames provided for in 
Part 5 of the Commission's regulations and, to the extent possible, 
maximizes coordination of federal, state, and tribal permitting and 
certification processes; and (5) discuss requests by any federal or 
state agency or Indian tribe acting as a cooperating agency for 
development of an environmental document.
    Meeting participants should come prepared to discuss their issues 
and/or concerns. Please review the PAD in preparation for the scoping 
meetings. Directions on how to obtain a copy of the PAD and the scoping 
document are included in item n of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become 
part of

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the formal record of the Commission proceeding on the project.

 Kimberly D. Bose,
Secretary.
[FR Doc. E8-7914 Filed 4-14-08; 8:45 am]
BILLING CODE 6717-01-P