[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Page 2063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-539]



[[Page 2063]]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-5596-015]


City of Bedford, VA; Notice of Application for Non-Capacity 
Related Amendment of License and Soliciting Comments, Motions To 
Intervene, and Protests

January 7, 2009.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Request to amend the Bedford Hydropower 
Project license to allow a variance from the minimum flow requirement 
during low-inflow/drought conditions and upon consultation with the 
Virginia Department of Game and Inland Fisheries and the Virginia 
Department of Environmental Quality.
    b. FERC Project No.: 5596-015.
    c. Date Filed: December 15, 2008.
    d. Applicant: City of Bedford, Virginia.
    e. Name of Project: Bedford Hydroelectric Project (P-5596).
    f. Location: The Bedford Hydroelectric Project is located on the 
James River in the counties of Bedford and Amherst, Virginia.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-09825r.
    h. Applicant Contact: Mr. Charles Kolakowski, City of Bedford, 215 
East Main Street, Bedford, Virginia 25423, Tel: (540) 587-6002.
    i. FERC Contact: Ms. Rachel Price, (202) 502-8907; e-mail: 
[email protected].
    j. Deadline for filing comments, motions to intervene and protests: 
February 9, 2009.
    Please include the project number with the extension 015 (P-5596-
015) on any comments or motions filed. All documents 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, 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. In lieu of electronic filing, 
an original and eight copies of all documents may be mailed to the 
Secretary at the address above.
    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 whose name appears on 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. A copy 
of any motion to intervene must also be served upon each representative 
of the Applicant specified in the particular application.
    k. Description of Request: The City of Bedford is requesting a non-
capacity amendment to its license for the Bedford Hydroelectric Project 
in order to allow a variance from the existing minimum instream flow of 
400 cubic feet per second (cfs) in the bypass reach during low flow 
conditions in the James River. The amendment would allow the following 
project operations depending on flow conditions in the James River as 
measured at the U.S. Geological Survey gaging station no. 02025500: (1) 
At flows of 1000 cfs or greater, a minimum instream flow of 400 cfs 
would be released in the bypass reach; (2) at flows between 800 and 
1000 cfs, 600 cfs would go through the turbines for power generation 
and the remainder (between 200 and 400 cfs) would be released in the 
bypass reach; and (3) at flows less than 800 cfs, generation would 
cease and all flows would be released in the bypass reach. In addition, 
the amendment would require the City of Bedford to notify the Virginia 
Department of Game and Inland Fisheries (VDGIF) and the Virginia 
Department of Environmental Quality (VDEQ) if flows in the James River 
are less than 1000 cfs for five consecutive days, and consult with the 
VDEQ regarding the continuation of the variance.
    l. Location of the Application: The filing is available for 
inspection and reproduction at the Commission's 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://ferc.gov using the ``eLibrary'' link. 
Enter the docket number excluding the last three digits in the docket 
number field to access the document. You may also register online at 
http://www.ferc.gov/docsfiling/esubscription.asp to be notified vial e-
mail or new filings and issuances related to this or other pending 
projects. For assistance, call 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. 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, 
385.211, and 385.214. 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.
    o. Any filing must bear in all capital letters the title 
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, 
and the Project Number of the particular application to which the 
filing refers.
    p. 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.
    q. 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 at http://www.ferc.gov 
under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-539 Filed 1-13-09; 8:45 am]
BILLING CODE 6717-01-P