[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Notices]
[Pages 53489-53490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25018]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1005-011]


Applications; City of Boulder, CO

October 9, 2009.

Notice of Application Accepted for Filing, Soliciting Comments, 
Protests, and Motions To Intervene, Ready for Environmental Analysis, 
and Soliciting Recommentations and Terms and Conditions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Conversion of License to Conduit Exemption.
    b. Project No.: 1005-011.
    c. Date filed: March 10, 2009.
    d. Applicant: City of Boulder, Colorado.
    e. Name of Project: Boulder Canyon Hydroelectric Project.

[[Page 53490]]

    f. Location: On the water supply facilities of the City of Boulder, 
in Boulder and Nederland Counties, Colorado. All of the lands on which 
the project structures are located are owned by the applicant. No 
federal lands would be included in the proposed project boundary.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ms. Carol D. Ellinghouse, Water Resources 
Coordinator, City of Boulder, Colorado, Department of Public Works, 
P.O. Box 791, Boulder, CO 80306-0791, phone (303) 441-3266.
    i. FERC Contact: Robert Bell, (202) 502-6062, [email protected].
    j. Status of Environmental Analysis: The application is ready for 
environmental analysis at this time. The Commission is requesting 
comments, reply comments, and recommendations for both the request to 
remove licensed project facilities from the project boundary and 
concerning Commission jurisdiction. The Commission is also requesting 
terms and conditions for the Conduit Exemption application.
    k. Deadline for filing responsive documents--The Commission 
directs, pursuant to section 4.34(b) of the Regulations (see Order No. 
533, issued May 8, 1991, 56 Fed. Reg. 23,108, May 20, 1991) that all 
comments, motions to intervene, protests, recommendations, terms and 
conditions, and prescriptions concerning the application be filed 
within 60 days from the issuance date of this notice. All reply 
comments are due 105 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. Please include the project numbers (P-1005-011) 
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 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 a particular application.
    l. Description of request: In the application filed on March 10, 
2009, the City of Boulder seeks to convert the currently licensed 
Boulder Canyon Hydroelectric Project No. 1005 to a conduit exemption. 
This action results in the removal of certain licensed project 
facilities from the project boundary and from Commission jurisdiction.
    a. Licensed Facilities: The applicant proposes to convert its 
license to a conduit exemption for the Boulder Canyon Hydroelectric 
Project No. 1005. The applicant proposes to remove the following 
project facilities from the Commission's jurisdiction: (1) A 175-foot-
high, 720-foot-long concrete dam; (2) a reservoir (Baker Reservoir) 
having a surface area of 200 acres; (3) a 225-foot-long tunnel 
connecting a 11.7-mile-long pipeline; (4) a Forebay (Kossler Reservoir) 
formed by three embankment dams; and (5) a steel penstock. The 
aforementioned facilities would remain operational as part of the 
applicant's water supply facilities.
    b. Conduit Exemption: The applicant proposes a conduit exemption 
for the Boulder Canyon Hydroelectric Project No. 1005. The proposed 
project would be located on its water supply system in Boulder and 
Nederland Counties, Colorado, and would consist of: (1) An existing 
powerhouse containing one generating unit having an installed capacity 
of 10 megawatts, and (2) appurtenant facilities. The City of Boulder, 
Colorado, estimates the project would have an average annual generation 
of 11.6 megawatt-hours that would be sold to a local utility.
    m. Locations of the Application: A copy of the application 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://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. 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, 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.
    n. Mailing list: Individuals desiring to be included on the 
Commission's mailing list should so indicate by writing to the 
Secretary of the Commission.
    o. 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 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 (see item (j) above).
    p. Filing and Service of Responsive Documents--All filings must (1) 
bear in all capital letters the title ``PROTEST'', ``MOTION TO 
INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' or 
``TERMS AND CONDITIONS;'' (2) set forth in the heading the name of the 
applicant and the project number of the application to which the filing 
responds; (3) furnish the name, address, and telephone number of the 
person protesting or intervening; and (4) otherwise comply with the 
requirements of 18 CFR 385.2001 through 385.2005. All comments or terms 
and conditions must set forth their evidentiary basis and otherwise 
comply with the requirements of 18 CFR 4.34(b). Agencies may obtain 
copies of the application directly from the applicant. A copy of any 
protest or motion to intervene must be served upon each representative 
of the applicant specified in the particular application. A copy of all 
other filings in reference to this application must be accompanied by 
proof of service on all persons listed in the service list prepared by 
the Commission in this proceeding, in accordance with 18 CFR 4.34(b) 
and 385.2010.
    q. e-Filing: Comments, motions to intervene, protests, 
recommendations, or terms and conditions 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. The Commission strongly encourages 
electronic filings.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-25018 Filed 10-16-09; 8:45 am]
BILLING CODE 6717-01-P