[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28681-28682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14197]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12665-003]


New York Tidal Energy Company; Notice of Intent To File License 
Application, Filing of Draft Application, Request for Waivers of 
Integrated Licensing Process Regulations Necessary for Expedited 
Processing of a Hydrokinetic Pilot Project License Application, and 
Soliciting Comments

June 10, 2009.
    a. Type of Filing: Notice of Intent to File a License Application 
for an Original License for a Hydrokinetic Pilot Project.
    b. Project No.: 12665-003.
    c. Dated Filed: June 1, 2009.
    d. Submitted By: New York Tidal Energy Company.
    e. Name of Project: East River Tidal Energy Pilot Project.
    f. Location: In the East River at Hell Gate, in New York City, New 
York. The project would not occupy federal lands.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Applicant Contact: Mike Hoover, New York Tidal Energy Company, 
1785 Massachusetts Ave., NW., Suite 100, Washington, DC 20036, (202) 
772-0099.
    i. FERC Contact: Timothy Konnert (202) 502-6359.
    j. New York Tidal Energy Company (NYTEC) has filed with the 
Commission: (1) A notice of intent (NOI) to file an application for an 
original license for a kinetic hydropower pilot project and a draft 
license application with monitoring plans; (2) a request for waivers of 
the integrated licensing process regulations necessary for expedited 
processing of a hydrokinetic pilot project license application; (3) a 
proposed process plan and schedule; (4) a request to be designated as 
the non-federal representative for section 7 of the Endangered Species 
Act consultation; and (5) a request to be designated as the non-federal 
representative for section 106 consultation under the National Historic 
Preservation Act (collectively the pre-filing materials).
    k. With this notice, we are soliciting comments on the pre-filing 
materials listed in paragraph j above, including the draft license 
application and monitoring plans. All comments should be sent to the 
address above in paragraph h. In addition, all comments (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 
(East River Tidal Energy Pilot Project) and number (P-12665-003), and 
bear the heading ``Comments on the proposed East River Tidal Energy 
Pilot Project.'' Any individual or entity interested in submitting 
comments on the pre-filing materials must do so by July 10, 2009.
    Comments 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 ``e-filing'' link.
    l. With this notice, we are approving NYTEC's request to be 
designated as the non-federal representative for section 7 of the 
Endangered Species Act (ESA) and its request to initiate consultation 
under section 106 of the National Historic Preservation Act; and 
recommending that it begin informal

[[Page 28682]]

consultation with: (a) The U.S. Fish and Wildlife Service and the 
National Marine Fisheries Service as required by section 7 of ESA; and 
(b) the New York 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.
    m. This notice does not constitute the Commission's approval of 
NYTEC's request to use the Pilot Project Licensing Procedures. Upon its 
review of the project's overall characteristics relative to the pilot 
project criteria, the draft license application contents, and any 
comments filed, the Commission will determine whether there is adequate 
information to conclude the pre-filing process.
    n. The proposed East River Tidal Energy Pilot Project would consist 
of: (1) A 2-meter-diameter 20 kW capacity hydrokinetic device during 
Phase 1, which would be replaced by a 6-meter-diameter 200 kW device in 
Phase 2; (2) an underwater cable connecting the hydrokinetic device to 
shore at one of two proposed locations; and (3) appurtenant facilities 
for operating and maintaining the project. NYTEC does not provide an 
estimate of annual generation of the proposed pilot project.
    o. A copy of the draft license application and all pre-filing 
materials 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.
    p. Pre-filing process schedule. The pre-filing process will be 
conducted pursuant to the following tentative schedule. Revisions to 
the schedule may be made as appropriate.

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               Milestone                               Date
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Comments on pre-filing materials due...  July 10, 2009.
Issuance of meeting notice (if needed).  July 24, 2009.
Public meeting/technical conference (if  August 24, 2009.
 needed).
Issuance of notice concluding pre-       August 10, 2009 (if no meeting
 filing process and ILP waiver request    is needed) September 7, 2009
 determination.                           (if meeting is needed).
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    q. 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.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-14197 Filed 6-16-09; 8:45 am]
BILLING CODE 6717-01-P