[Federal Register Volume 73, Number 97 (Monday, May 19, 2008)]
[Notices]
[Pages 28813-28814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11095]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12961-000]


AER NY-Kinetics, LLC; Notice of Application Accepted for Filing 
and Soliciting Motions To Intervene, Protests, and Comments

May 12, 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.: 12961-000.
    c. Date Filed: August 13, 2007.
    d. Applicant: AER NY-Kinetics, LLC.
    e. Name of Project: Ogdensburg Kinetic Energy Project.
    f. Location: The project would be located in the St. Lawrence River 
in St. Lawrence County, New York. The project uses no dam or 
impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. Joseph Klimaszewski, Jr., Regional 
Director, Alliance Energy Renewables, P.O. Box 585, Ogdensburg, NY 
13669, (315) 393-9048, and Mr. Fred Springer, Hydropower Policy 
Advisor, Troutman Sanders LLP, 401 9th St., NW., Suite 1000, 
Washington, DC 20004, (202) 274-2836.
    i. FERC Contact: Kelly Houff, (202) 502-6393.
    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: 
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-12961-000) 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 consists of: (1) 11 
arrays, each consisting of ten, 1 megawatt hydrokinetic turbine units, 
for a total installed capacity of 110 megawatts, (2) a proposed 
underwater cable approximately 9 to 10 miles in length, which would 
transport the power generated from each array to shore, (3) a 500-foot-
long transmission line, which would connect the underwater cable to a 
substation, (4) a cable anchoring system to anchor the turbine units to 
either a fixed structure or the riverbed, and (5) appurtenant 
facilities. The project would have an average annual generation of 
944.328 gigawatt-hours, which would be sold to a local utility.
    l. Locations of Applications: A copy of the application is 
available for inspection and reproduction at the Commission in the 
Public Reference Room, located at 888 First Street, NE., Room 2A, 
Washington DC 20426, or by calling (202) 502-8371. This filing may also 
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. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. 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.
    o. 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.
    p. 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.
    q. 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.
    r. 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

[[Page 28814]]

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.
    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 ``e-Filing'' link. 
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents--Any filings must 
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS 
FOR TERMS AND CONDITIONS'', ``PROTEST'', ``COMPETING APPLICATION'' 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. A copy of any motion to intervene must also be 
served upon each representative of the Applicant specified in the 
particular application.
    t. 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. E8-11095 Filed 5-16-08; 8:45 am]
BILLING CODE 6717-01-P