[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Notices]
[Pages 18215-18216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9079]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12632-001]


East Texas Electric Cooperative, Inc.; Notice of License 
Application and Applicant Prepared Environmental Assessment (APEA) 
Filed With the Commission and Soliciting Comments and Preliminary Terms 
and Conditions, Recommendations, and Prescriptions

April 14, 2009.
    Take notice that the following hydroelectric application and 
applicant-prepared environmental assessment have been filed with the 
Commission and is available for public inspection:
    a. Type of Application: Original Major License--Existing Dam.
    b. Project No.: 12632-001.
    c. Date Filed: March 31, 2009.
    d. Applicant: East Texas Electric Cooperative, Inc. (Cooperative).
    e. Name of Project: Lake Livingston Hydroelectric Project.
    f. Location: On the Trinity River, in San Jacinto, Polk, Trinity, 
and Walker Counties, Texas. The project would not occupy any federal 
lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Edd Hargett, East Texas Electric Cooperative, 
Inc., 2905 Westward Drive, P.O. Box 631623, Nacogdoches, TX 75963; 
(936) 560-9532; [email protected].
    i. FERC Contact: Sarah Florentino at (202) 502-6863 or 
[email protected].
    j. Cooperating agencies: Federal, state, local, and Tribal agencies 
with jurisdiction and/or special expertise with respect to 
environmental issues that wish to cooperate in the preparation of the 
environmental document should follow the instructions for filing such 
requests described in item l below. Cooperating agencies should 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. The proposed project would use the following existing 
facilities: (1) The Trinity River Authority's (TRA) existing 14,400-
foot-long (approximate) Lake Livingston dam, which has a crest 
elevation of 145.0 feet mean sea level (msl) and consists of (a) a 
basic earth embankment section, (b) outlet works, and (c) a spillway; 
and (2) the 83,000-acre Lake Livingston, which has a normal water 
surface elevation of 131.0 feet msl and gross storage capacity of 
1,750,000 acre-feet.
    The proposed project would consist of the following new facilities: 
(1) An intake structure and headrace channel approximately 800 feet 
long; (2) three steel penstocks, about 14 feet in diameter and 450 feet 
in length; (3) a powerhouse containing three generating units, having a 
total installed capacity of 24 MW; (4) an approximate 2,000-feet-long 
tailrace channel; (5) an approximate 2.5-mile-long, 138-kilovolt 
transmission line interconnecting the project with Entergy's existing 
Rich substation near Goodrich; and (6) an electric switchyard and other 
appurtenant facilities. The project would have an estimated annual 
generation of 124.030 gigawatt-hours, which the Cooperative would sell 
at wholesale to its constituent electric cooperatives.
    l. The application has not been accepted for filing and is not 
ready for environmental analysis at this time.
    m. A copy of the application 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, contact 
FERC Online Support at [email protected], or toll-free at 1-
866-208-3676, or for TTY, (202) 502-8659. The Cooperative has 
distributed a copy of the license application and APEA to interested 
entities. Copies of these documents are also available for review at 
the Sam Houston Electric Cooperative, 1157 East Church Street, 
Livingston, Texas 77351.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and 
issuances related to this or other pending projects. For assistance, 
contact FERC Online Support.
    n. With this notice we are soliciting preliminary terms, 
conditions, recommendations, prescriptions, and comments on the license 
application and APEA. 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. In addition, 
all comments on the license application and APEA should be sent to the 
address in item (h). All filings must (i) include the project name and 
number, (ii) bear the heading ``Preliminary Comments,'' ``Preliminary 
Recommendations,'' ``Preliminary Terms and Conditions,'' or 
``Preliminary Prescriptions,'' (iii) furnish the name, address, and 
telephone number of the person submitting the filing, and (iv) 
otherwise comply with the requirements of 18 CFR 385.2001 through 
385.2005. All comments, preliminary recommendations, terms and 
conditions, or prescriptions must set forth their evidentiary basis and 
otherwise comply with the requirements of 18 CFS 4.34(b). Any entity 
interested in commenting on the license application and APEA must do so 
within 60 days from the date of filing of the license application (or 
by June 13, 2009).
    Comments and preliminary recommendations, terms and conditions, and 
prescriptions 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

[[Page 18216]]

instructions on the Commission's Web site (http://www.ferc.gov) under 
the ``e-Filing'' link. For a simpler method of submitting text only 
comments, click on ``Quick Comment.''
    o. With this notice, we are initiating consultation with the Texas 
State Historic Preservation Officer (SHPO), as required by Sec.  106 of 
the National Historic Preservation Act, and the regulations of the 
Advisory Council on Historic Preservation, 36 CFR 800.4.
    p. Procedural Schedule: The application will be processed according 
to the following Hydro Licensing Schedule. Revisions to the schedule 
may be made as appropriate.

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Issue Acceptance Letter and Notice         August 2009.
 Soliciting Final Comments, Terms and
 Conditions, etc.
Notice of Availability of the Draft (or    February 2010.
 Potential Single) EA.
Notice of Availability of the Final EA     August 2010.
 (if necessary).
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    q. Other Agency Authorizations: A Texas Coastal Zone consistency 
certification is required for the Lake Livingston Project. The 
Cooperative certifies that the project is consistent with the Texas 
Coastal Management Program goals and policies and would be conducted in 
a manner consistent with said program.
    In addition, a Texas Commission on Environmental Quality (Texas 
CEQ) section 401 Water Quality Certification is required. As part of 
its processing of the license application, the Texas CEQ is reviewing 
the application under Section 401 of the Clean Water Act (CWA), and in 
accordance with Title 30, Texas Administrative Code Section 279.1-13, 
to determine if the work would comply with State water quality 
standards. Based on an understanding between the Federal Energy 
Regulatory Commission (FERC) and the Texas CEQ, this public notice is 
also issued for the purpose of advising all known interested persons 
that there is pending before the Texas CEQ a decision on the request 
for section 401 water quality certification for this FERC license 
application. Any comments concerning this certification request may be 
submitted to the Texas Commission on Environmental Quality, 401 
Coordinator, MSC-150, P.O. Box 13087, Austin, Texas 78711-3087. The 
public comment period extends 30 days from the date of publication of 
this notice. A copy of the public notice with a description of work is 
made available for review in the Texas CEQ's Austin office. The 
complete application may be reviewed at the address listed in paragraph 
l. The Texas CEQ may conduct a public meeting to consider all comments 
concerning water quality if requested in writing. A request for a 
public meeting must contain the following information: The name, 
mailing address, application number, or other recognizable reference to 
the application, a brief description of the interest of the requester, 
or of persons represented by the requester; and a brief description of 
how the certification, if granted, would adversely affect such 
interest.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-9079 Filed 4-20-09; 8:45 am]
BILLING CODE 6717-01-P