[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Pages 41418-41419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19614]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12680-003]


Ocean Renewable Power Company, LLC; Notice of Intent To File 
Hydrokinetic Pilot Project License Application, Filing of Draft 
Application, Request for Waivers of Integrated Licensing Process 
Regulations Necessary for Expedited Processing of a Pilot Project 
License Application, and Soliciting Comments

August 7, 2009.
    a. Type of Filing: Notice of Intent to File an Application for an 
Original License for a Hydrokinetic Pilot Project.
    b. Project No.: 12680-003.
    c. Dated Filed: July 24, 2009.
    d. Submitted By: Ocean Renewable Power Company, LLC.
    e. Name of Project: ORPC Eastport Tidal Energy Project.
    f. Location: In Western Passage and Cobscook Bay in Eastport, 
Maine. The project would not occupy federal lands.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Applicant Contact: Christopher R. Sauer, Ocean Renewable Power 
Company, 2 Portland Fish Pier, Suite 307, Portland, Maine 04101, (207) 
772-7707.
    i. FERC Contact: Timothy Konnert (202) 502-6359.
    j. Ocean Renewable Power Company (ORPC) 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 (ESA) consultation; and (5) a request to be designated as the non-
federal representative for section 106 consultation under the National 
Historic Preservation Act (NHPA) (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 pilot 
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,

[[Page 41419]]

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 (ORPC Eastport Tidal Energy Project) 
and number (P-12680-003), and bear the heading ``Comments on the 
proposed ORPC Eastport Tidal Energy Project.'' Any individual or entity 
interested in submitting comments on the pre-filing materials must do 
so by September 8, 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 ORPC'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 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, NHPA, 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 
ORPC'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 ORPC Eastport Tidal Energy Project would consist 
of: (1) A single 1-megawatt (MW) hydrokinetic device in Cobscook Bay 
during Phase 1; (2) four additional 1-MW hydrokinetic devices in 
Western Passage during Phase 2; (3) underwater bundled cables from each 
device that would interconnect with a control room and station located 
on shore, one at Western Passage and one at Cobscook Bay; (4) a 
transmission line connecting the shore stations to the Eastport 
electrical grid; and (5) appurtenant facilities for operating and 
maintaining the project. The estimated annual generation of the 
proposed project during Phase 1 is 2,760 megawatt-hours (MWh) and 
15,000 MWh during Phase 2.
    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......  September 8, 2009.
Issuance of meeting notice (if needed)....  September 23, 2009.
Public meeting/technical conference (if     October 23, 2009.
 needed).
Issuance of notice concluding pre-filing    October 8, 2009 (if no
 process and ILP waiver request              meeting is needed) November
 determination.                              9, 2009 (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.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-19614 Filed 8-14-09; 8:45 am]
BILLING CODE 6717-01-P