[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19336-19337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8302]



[[Page 19336]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12715-003]


Fairlawn Hydroelectric Company, LLC; Notice of Application 
Accepted for Filing, Soliciting Motions To Intervene and Protests, 
Ready for Environmental Analysis, and Soliciting Comments, 
Recommendations, Preliminary Terms and Conditions, and Preliminary 
Fishway Prescriptions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License.
    b. Project No.: 12715-003.
    c. Date filed: December 23, 2010.
    d. Applicant: Fairlawn Hydroelectric Company, LLC.
    e. Name of Project: Jennings Randolph Hydroelectric Project.
    f. Location: The proposed project would be located at the U.S. Army 
Corps of Engineers' (Corps) Jennings Randolph dam located on the North 
Branch Potomac River in Garrett County, Maryland and Mineral County, 
West Virginia. The project would occupy 5.0 acres of federal land 
managed by the Corps.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Clifford Phillips, Fairlawn Hydroelectric 
Company, LLC, 150 North Miller Road, Suite 450 C, Fairlawn, OH 44333; 
Telephone (330) 869-8451.
    i. FERC Contact: Allyson Conner, (202) 502-6082 or 
[email protected].
    j. Deadline for filing motions to intervene and protests, comments, 
recommendations, preliminary terms and conditions, and preliminary 
prescriptions: 60 days from the issuance date of this notice; reply 
comments are due 105 days from the issuance date of this notice.
    Motions to intervene, protests, comments, recommendations, 
preliminary terms and conditions, and preliminary fishway prescriptions 
may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit 
brief comments up to 6,000 characters, without prior registration, 
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the 
end of your comments. For assistance, please contact FERC Online 
Support at [email protected] or toll free at 1-866-208-3676, 
or for TTY, (202) 502-8659. Although the Commission strongly encourages 
electronic filing, documents may also be paper-filed. To paper-file, 
mail an original and seven 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.
    k. This application has been accepted for filing and is now ready 
for environmental analysis.
    l. The Project Description: The proposed Jennings Randolph Project 
would use the existing U.S. Army Corps of Engineers' Jennings Randolph 
dam and reservoir and consist of the following proposed features: (1) A 
10-foot-diameter, 530-foot-long underwater multi-level intake structure 
with 24 intake ports to be built on the upstream face of the dam; (2) a 
10-foot-diameter, 1,400-foot-long lined tunnel through the dam; (3) a 
10-foot-diameter, 1,100-foot-long penstock; (4) the penstock would 
bifurcate into 96-inch-diameter and 66-inch-diameter penstocks at the 
entrance to the powerhouse; (5) a powerhouse approximately 54 feet 
long, 54 feet wide, and 40 feet high that would contain two generating 
units with a total capacity of 14.0 megawatts; (6) a 40-foot-long 
tailrace; (7) a 0.74-mile-long, 25-kilovolt partially buried 
transmission line; (8) a substation; and (9) new compacted gravel 
access roads to be constructed to the powerhouse and along the 
transmission line to the project's substation. The proposed project 
would have an estimated average annual generation of 56,000 megawatt-
hours and would discharge approximately 650 feet downstream of the 
Corps' existing discharge.
    m. 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 e-mail of new filings and 
issuances related to this or other pending projects. For assistance, 
contact FERC Online Support.
    n. 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 of 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,'' ``COMMENTS,'' ``REPLY COMMENTS,'' 
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or 
``PRELIMINARY FISHWAY 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. 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.
    o. Procedural Schedule:
    The application will be processed according to the following 
revised Hydro Licensing Schedule. Revisions to the schedule may be made 
as appropriate.

[[Page 19337]]



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                 Milestone                           Target date
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Filing of recommendations, preliminary      May 31, 2011.
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues Single EA...............  September 28, 2011.
Comments on EA............................  October 28, 2011.
Modified terms and conditions.............  December 27, 2011.
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    p. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following 
the date of issuance of the notice of acceptance and ready for 
environmental analysis provided for in 5.22: (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 water quality certification.
    r. 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.

    Dated: April 1, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-8302 Filed 4-6-11; 8:45 am]
BILLING CODE 6717-01-P