[Federal Register Volume 75, Number 222 (Thursday, November 18, 2010)]
[Notices]
[Pages 70730-70731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29063]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13817-000]


EBD Hydro; Notice of Application Accepted for Filing and 
Soliciting Comments, Motions To Intervene, Protests, Recommendations, 
and Terms and Conditions

November 10, 2010.
    Take notice that the following hydroelectric application has been 
filed

[[Page 70731]]

with the Commission and is available for public inspection:
    a. Type of Application: Conduit Exemption.
    b. Project No.: 13817-000.
    c. Date filed: July 16, 2010.
    d. Applicant: EBD Hydro.
    e. Name of Project: 45-Mile Hydroelectric Project.
    f. Location: The proposed 45-Mile Hydroelectric Project would be 
located on the concrete drop structure of the North Unit Irrigation 
District's main irrigation canal in Jefferson County, near the Town of 
Culver, Oregon. The land on which all the project structures are 
located is leased by the applicant.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Jim Gordon, EBD Hydro, 20247 Gaines 
Court, Bend, Oregon 97702, phone (541) 318-1017.
    i. FERC Contact: Robert Bell, (202) 502-6062, [email protected].
    j. Status of Environmental Analysis: This application is ready for 
environmental analysis at this time, and the Commission is requesting 
comments, reply comments, recommendations, terms and conditions, and 
prescriptions.
    k. Deadline for filing responsive documents: In light of the 
comments received by resource agencies, the 60-day timeframe specified 
in 18 CFR 4.43(b) for filing all comments, motions to intervene, 
protests, recommendations, terms and conditions, and prescriptions is 
shortened to 20 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 30 days from the issuance date of this notice.
    Comments, protests, and interventions 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 under the http://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly 
encourages electronic filings.
    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 in 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.
    l. Description of Project: The 45-Mile Hydroelectric Project would 
consist of: (1) A proposed intake structure; (2) a proposed 2,700-foot-
long, 96-inch diameter reinforced Krah/HDPE pipe; (3) a proposed 
powerhouse containing three proposed generating units with a total 
installed capacity of 5,000 kilowatts; and (4) appurtenant facilities. 
The applicant estimates the project would have an average annual 
generation of 18.126 gigawatt-hours.
    m. This filing is available for review and reproduction at the 
Commission in the Public Reference Room, Room 2A, 888 First Street, 
NE., Washington, DC 20426. The filing may also be viewed on the Web at 
http://www.ferc.gov/docs-filing/elibrary.asp using the ``eLibrary'' 
link. Enter the docket number, here P-13817, in the docket number field 
to access the document. For assistance, call toll-free 1-866-208-3676 
or e-mail [email protected]. For TTY, call (202) 502-8659. A 
copy is also available for review and reproduction at the address in 
item h above.
    n. Development Application--Any qualified applicant desiring to 
file a competing application must submit to the Commission, on or 
before the specified deadline date for the particular application, 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 deadline date for the 
particular application. Applications for preliminary permits will not 
be accepted in response to this notice.
    o. Notice of Intent--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 competing development application. A notice of intent must be 
served on the applicant(s) named in this public notice.
    p. Protests or Motions to Intervene--Anyone may submit a protest or 
a motion to intervene in accordance with the requirements of Rules of 
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In 
determining the appropriate action to take, the Commission will 
consider all protests 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 protests or motions to intervene must be 
received on or before the specified deadline date for the particular 
application.
    q. 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 CFR 385.2001 through 385.2005. All comments, 
recommendations, terms and conditions or prescriptions 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. Any of these documents must be filed by providing 
the original and seven copies to: The Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An 
additional copy must be sent to Director, Division of Hydropower 
Administration and Compliance, Office of Energy Projects, Federal 
Energy Regulatory Commission, at the above address. 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.
    r. Waiver of Pre-filing Consultation: On July 16, 2010, the 
applicant requested the agencies support to waive the Commission's 
consultation requirements under 18 CFR 4.38(c). On October 15, 2010, 
the U.S. Department of the Interior's Fish and Wildlife service 
concurred with this request. No other comments were received. 
Therefore, we intend to accept the consultation that has occurred on 
this project during the pre-filing period and we intend to waive pre-
filing consultation under section 4.38(c), which requires, among other 
things, conducting studies requested by resource agencies, and 
distributing and consulting on a draft exemption application.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-29063 Filed 11-17-10; 8:45 am]
BILLING CODE 6717-01-P