[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Notices]
[Pages 9005-9007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3458]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13829-001]


David Creasey; Notice of Application Tendered for Filing With the 
Commission; Notice of Application Tendered for Filing With the 
Commission, Accepted for Filing With the Commission, 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

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Minor License.
    b. Project No.: 13829-001.
    c. Date filed: February 4, 2011.
    d. Applicant: David Creasey.
    e. Name of Project: Creasey Hydropower Project.
    f. Project Description: The Creasey Hydropower Project would 
consist of the following: (1) A 21-foot-wide, 6.5-foot-high concrete 
check structure which would back up water in Lincoln Creek; (2) a 
1,650-foot-long, 21-inch-diamter PVC penstock with an intake structure 
and trashrack; (3) one turbine/generator unit with a total installed 
capacity of 14-20 kilowatts; (4) a 12-foot long, 14-foot wide concrete 
slab on which the turbine/generator unit would sit; (5) an 
approximately 75-foot-long, 12-inch-diamater PVC pipe which would 
return flows to the Lincoln Creek Drainage Ditch; and (6) an 
approximately 900-foot-long buried transmission line from the turbine/
generator unit to the Creasey residence. The project would have an 
annual generation of 122.4 megawatt-hours. All project facilities would 
be located on private land owned by the applicant. The applicant 
proposes to operate the project as run-of-river.

[[Page 9006]]

    g. Location: The project is located on Lincoln Creek and the 
Lincoln Creek Drainage Ditch on the Fort Hall Reservation in Fort Hall, 
Idaho. The project would be located on entirely on private property 
owned by the applicant.
    h. Filed Pursuant to: 18 CFR 4.61 of the Commission's regulations.
    i. Applicant Contact: Mr. David Creasey, P.O. Box 61, Fort Hall, ID 
83202, (208) 785-0164
    j. FERC Contact: Ryan Hansen, (202) 502-8074, or e-mail at 
[email protected].
    k. 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 (P-13829). For assistance, 
contact FERC Online Support at [email protected] or toll free 
at 1-866-208-3676, or for TTY (202) 502-8659.
    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.
    l. This application has been accepted for filing and is now ready 
for environmental analysis.
    m. The license applicant must file no later than 60 days following 
the date of issuance of this notice: (1) A copy of the water quality 
certification; (2) a copy of the request for certification, including 
proof of the date on which the certifying agency received the request; 
or (3) evidence of waiver of the water quality certification.
    n. 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 p below.
    Cooperating agencies should note the Commission's policy that 
agencies that cooperate in the preparation of the environmental 
document cannot also intervene. See 94 FERC ] 61,076 (2001).
    o. Due to the small size and remote location of this project, the 
applicant's close coordination with tribal, State, and Federal agencies 
during the preparation of the application, and the lack of any study 
requests submitted during pre-filing consultation, we intend to waive 
scoping and shorten the filing and comment date on final terms and 
conditions, recommendations, and prescriptions. Based on a review of 
the application, resource agency consultation letters, and comments 
filed to date, Commission staff intends to prepare a single 
environmental assessment (EA). Commission staff determined that the 
issues that need to be addressed in its EA have been adequately 
identified during the pre-filing period for the application, which 
included a public meeting and site visit, and no new issues are likely 
to be identified through additional scoping.
    p. 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 Tribal Fish and Wildlife 
Department, Bureau of Indian Affairs Irrigation, the Shoshone-Bannock 
Tribes Cultural Resources/Heritage Tribal Office, the Army Corps of 
Engineers, the U.S. Fish and Wildlife Service, the Idaho Department of 
Environmental Quality, Idaho Fish and Game, and the Idaho State 
Historic Preservation Office 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 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) 
under the ``eFiling'' link. For a simpler method of submitting text 
only comments, click on ``eComment.'' 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.
    q. 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 CFR 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

[[Page 9007]]

accordance with 18 CFR 4.34(b) and 385.2010.
    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.

------------------------------------------------------------------------
                Milestone                           Target Date
------------------------------------------------------------------------
Comments, recommendations, and terms and  March 9, 2011.
 conditions due.
Reply comments due......................  March 24, 2011.
Notice of the availability of the EA....  June 30, 2011.
------------------------------------------------------------------------


    Dated: February 9, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-3458 Filed 2-15-11; 8:45 am]
BILLING CODE 6717-01-P