[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Notices]
[Pages 7467-7469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3103]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13652-000]


Gary E. Hall and Rita C. Hall; Notice of Application Accepted for 
Filing With the Commision, Soliciting Motions To Intervene and 
Protests, Ready for Environmental Analysis, Intent To Waive 
Solicitation of Additional Study Requests, Intent To Waive Scoping, 
Intent To Waive Three Stage Consultation, Soliciting Comments, Terms 
and Conditions, Recommendations, and Prescriptions, and Establishing an 
Expedited Schedule for Processing

February 5, 2010.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Exemption From Licensing.
    b. Project No.: 13652-000.
    c. Date filed: January 11, 2010.
    d. Applicant: Gary E. Hall and Rita C. Hall.
    e. Name of Project: Potter Creek Hydroelectric Project.
    f. Location: The project is located on Potter Creek in Flathead 
County, Montana. The project would be located on private property and 
0.51 acre of federal lands in the Flathead National Forest, managed by 
the Forest Service. The applicant owns the private property on which 
the project will be located.
    g. Filed Pursuant to: Public Utilities Regulatory Policies Act of 
1978, 16 U.S.C. 2705, 2708.
    h. Applicant Contact: Mr. Gary E. Hall and Ms. Rita C. Hall, P.O. 
Box 133, Olney, MT 59927, (406) 881-2345.
    i. FERC Contact: Jennifer Harper, (202) 502-6136.
    j. Cooperating Agencies: We are asking Federal, state, and local 
agencies and Indian tribes with jurisdiction and/or special expertise 
with respect to environmental issues to cooperate with us in the 
preparation of the environmental document. Agencies who would like to 
request cooperating status should follow the instructions for filing 
comments described in item l below.
    k. Pursuant to the Commission's regulations, 18 CFR 4.32(b)(7), if 
any resource agency, Indian tribe, or person believes that an 
additional scientific study should be conducted in order to form a 
factual basis for complete analysis of the application on its merits, 
the resource agency, Indian tribe, or person must file a request for 
the study with the Commission. Due to the small

[[Page 7468]]

size and remote location of this project, the applicant's close 
coordination with the Forest Service in the preparation of the 
application, and the lack of any study requests submitted during pre-
filing consultation with the FWS, Montana Department of Fish, Wildlife 
and Parks, Montana State Historic Preservation Office, and the Flathead 
Conservation District, we accept the consultation that has occurred on 
this project during the pre-filing period as satisfying our 
requirements for requesting additional studies specified in 18 CFR 
4.32(b)(7).
    l. Deadline for filing motions to intervene and protests, comments, 
terms and conditions, recommendations, and prescriptions: Due to the 
small size and remote location of this project, as well as the 
applicant's close coordination with the Forest Service in the 
preparation of the application, the 60-day timeframe specified in 18 
CFR 4.34(b) for filing motions to intervene and protests, comments, 
terms and conditions, recommendations, and prescriptions is shortened 
to 30 days from the issuance date of this notice. All reply comments 
filed in response to comments submitted by any resource agency, Indian 
tribe, or person, must be filed with the Commission within 45 days from 
the date of this notice
    All documents 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 (http://www.ferc.gov/docs-filing/ferconline.asp asp) 
under the ``eFiling'' link. For a simpler method of submitting text 
only comments, click on ``Quick Comment.'' For assistance, please 
contact FERC Online Support at [email protected]; call toll-
free at (866) 208-3676; or, for TTY, contact (202) 502-8659. Although 
the Commission strongly encourages electronic filing, documents may 
also be paper-filed. To paper-file, mail an original and eight copies 
to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 
888 First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing 
documents with the Commission to serve a copy of that document on each 
person 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.
    m. This application has been accepted for filing and is now ready 
for environmental analysis.
    n. Project Description: The Potter Creek Hydroelectric Project 
would consist of the following: (1) An existing 50-foot-wide by 5-foot-
high wood slat and rock impoundment; (2) an existing 0.07-acre 
reservoir having a storage capacity of 0.14 acre-feet of water; (3) a 
4-inch-diameter, 111-foot-long PVC penstock; (4) a turbine box 
containing one generating unit with total installed generating capacity 
of 50 watts; and (5) an approximately 335-foot-long transmission line 
from the turbine box to the Hall residence. The project would have an 
average annual generation of 438 kilowatt-hours. The dam, reservoir, 
penstock, turbine box, and 293 feet of the transmission line are 
located on federal lands in the Flathead National Forest managed by the 
Forest Service. The applicant proposes to operate the project as run-
of-river.
    o. 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. A copy is also available for inspection and 
reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    p. Any qualified applicant desiring to file a competing application 
must submit to the Commission, on or before the specified intervention 
deadline date, a competing development application, or a notice of 
intent to file such an application. Submission of a timely notice of 
intent allows an interested person to file the competing development 
application no later than 120 days after the specified intervention 
deadline date. Applications for preliminary permits will not be 
accepted in response to this notice.
    A notice of intent must specify the exact name, business address, 
and telephone number of the prospective applicant, and must include an 
unequivocal statement of intent to submit a development application. A 
notice of intent must be served on the applicant(s) named in this 
public notice.
    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, and .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.
    All filings must (1) bear in all capital letters the title 
``PROTEST'', ``MOTION TO INTERVENE'', ``NOTICE OF INTENT TO FILE 
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``COMMENTS,'' 
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or 
``PRESCRIPTIONS;'' (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 C.F.R. Sec. Sec.  385.2001 through 385.2005. 
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. With this notice, we are initiating consultation with the 
Montana State Historic Preservation Office, as required by Sec.  106, 
National Historic Preservation Act, and the regulations of the Advisory 
Council on Historic Preservation, 36 CFR Part 800.4.
    r. Procedural schedule and final amendments: We intend to accept 
the consultation that has occurred on this project during the pre-
filing period as satisfying our requirements for the standard 3-stage 
consultation process under 18 CFR 4.38 and for National Environmental 
Policy Act scoping. The application will be processed according to the 
following procedural schedule. Revisions to the schedule may be made as 
appropriate.

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                 Milestone                           Target date
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Comments, recommendations, and terms and    March 8, 2010.
 conditions due.
Reply comments due........................  March 23, 2010.

[[Page 7469]]

 
Notice of the availability of the EA......  April, 2010.
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    s. Based on a review of the exemption application and resource 
agency consultation letters, Commission staff intend to prepare a 
single environmental assessment (EA). The EA will assess the potential 
effects of project construction and operation on geology and soils, 
aquatic, terrestrial, threatened and endangered species, recreation and 
land use, aesthetic, and cultural and historic resources. Because staff 
believe the issues that need to be addressed in its EA have been 
adequately identified, with this notice, we are soliciting comments on 
our intent to waive scoping for the Potter Creek Hydroelectric Project. 
Comments, terms and conditions, recommendations, prescriptions, and 
reply comments, if any, will be addressed in an EA.
    Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of the notice 
of ready for environmental analysis.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-3103 Filed 2-18-10; 8:45 am]
BILLING CODE 6717-01-P