[Federal Register Volume 76, Number 82 (Thursday, April 28, 2011)]
[Notices]
[Pages 23799-23801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10260]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. P-2713-082]


Erie Boulevard Hydropower, L.P.; 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: New Major License.
    b. Project No.: 2713-082.
    c. Date filed: December 30, 2010.
    d. Applicant: Erie Boulevard Hydropower, L.P.
    e. Name of Project: Oswegatchie River Hydroelectric Project.
    f. Location: The existing multi-development project is located on 
the Oswegatchie River in St. Lawrence County, New York. The project 
does not affect Federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)--825(r).
    h. Applicant Contact: Daniel Daoust, Compliance Specialist, 
Brookfield Renewable Power, 33 West 1st Street South, Fulton, NY 13069; 
Telephone (315) 598-6131.
    i. FERC Contact: John Baummer, Telephone (202) 502-6837, and e-mail 
[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 existing Oswegatchie River Hydroelectric Project consists of 
six developments with an installed capacity of 28.56 megawatts (MW) and 
an average annual generation of 123,769 megawatt-hours. The six 
developments, listed from upstream to downstream, include:

Browns Falls

    The existing Browns Falls Development is located at river mile 96.9 
of the Oswegatchie River and

[[Page 23800]]

consists of: (1) A 941-foot-long dam with a 192-foot-long, 69-foot-high 
concrete gravity spillway with a crest elevation of 1,347.0 feet above 
mean sea level (msl) and equipped with 2-foot-high seasonal flash 
boards; (2) a 168-acre reservoir with a gross storage capacity of 3,234 
acre-feet and a normal maximum pool elevation of 1349.0 feet msl; (3) a 
62-foot-long gated intake structure equipped with a trashrack with 2.5-
inch clear bar spacing; (4) a 12-foot-diameter, 6,000-foot-long steel 
pipeline; (5) a 70-foot-high surge tank; (6) two 8-foot-diameter, 142-
foot-long steel penstocks; (7) a powerhouse containing two turbines 
directly connected to two generating units for a total installed 
capacity of 15.0 MW; (8) a 123-foot-long, 6.6-kilovolt (kV) 
transmission line; and (9) appurtenant facilities.
    The steel pipeline, penstocks, and powerhouse bypass about 7,500 
feet of the Oswegatchie River.

Flat Rock

    The existing Flat Rock Development is located at river mile 95.5 of 
the Oswegatchie River and consists of: (1) A 568-foot-long dam and a 
120-foot-long earthen embankment with a concrete core wall, and a 229-
foot-long, 70-foot-high concrete gravity spillway with a crest 
elevation of 1,080.0 feet msl; (2) a 159-acre reservoir with a gross 
storage capacity of 2,646 acre-feet and a normal maximum pool elevation 
of 1,080.0 feet msl; (3) a 66-foot-long gated intake structure equipped 
with a trashrack with 2.5-inch clear bar spacing; (4) a powerhouse 
containing two turbines directly connected to two generating units for 
a total installed capacity of 5.07 MW; (5) a 30-foot-long, 2.4-kV 
transmission line; and (6) appurtenant facilities.

South Edwards

    The existing South Edwards Development is located at river mile 
87.1 of the Oswegatchie River and consists of: (1) A 200-foot-long dam 
with a 88-foot-long, 48-foot-high concrete gravity spillway with a 
crest elevation of 843.2 feet msl and equipped with 2-foot-high 
seasonal flash boards; (2) 510-foot-long and 240-foot-long earthen 
dikes located along the south bank of the reservoir, with concrete core 
walls and partially equipped with 10-inch-high flashboards; (3) a 79.2-
acre reservoir with a gross storage capacity of 1,003 acre-feet and a 
normal maximum pool elevation of 845.2 feet msl; (4) a 46-foot-long 
gated intake structure equipped with a trashrack with 2.5-inch clear 
bar spacing; (5) a 10-foot-diameter, 1,106-foot-long fiberglass 
pipeline; (6) a 51-foot-high surge tank; (7) a submersible minimum-flow 
turbine-generator unit connected to the fiberglass pipeline, and a 
powerhouse containing three turbines directly connected to three 
generating units for a total installed capacity of 2.92 MW; (8) 75-
foot-long, 480-volt and 3,917-foot-long, 2.4-kV transmission lines; and 
(9) appurtenant facilities.
    The pipeline and powerhouse bypass about 1,500 feet of the 
Oswegatchie River.

Oswegatchie

    The existing Oswegatchie Development is located at river mile 86.6 
of the Oswegatchie River and consists of: (1) A 160-foot-long dam with 
an 80-foot-long, 12-foot-high concrete gravity spillway with a crest 
elevation of 758.6 feet msl and equipped with a 10-foot-wide notch; (2) 
a 6-acre reservoir with a gross storage capacity of 23 acre-feet and a 
normal maximum pool elevation of 758.6 feet msl; (3) a 50-foot-long 
gated intake structure equipped with a trashrack with 1-inch clear bar 
spacing; (4) two 6.5-foot-diameter, 90-foot-long steel penstocks; (5) a 
powerhouse containing two turbines directly connected to two generating 
units for a total installed capacity of 2.07 MW; (6) a 2,227-foot-long, 
2.4-kV transmission line; and (7) appurtenant facilities.
    The penstocks and powerhouse bypass about 350 feet of the 
Oswegatchie River.

Heuvelton

    The existing Heuvelton Development is located at river mile 12 of 
the Oswegatchie River and consists of: (1) A 285-foot-long, 19-foot-
high concrete gravity dam with a crest elevation of 276.5 feet msl and 
equipped with two 10.9-foot-high inflatable rubber bladder gates and 
four 10.5-foot-high tainter gates; (2) a 239-acre reservoir with a 
gross storage capacity of 405 acre-feet and a normal maximum pool 
elevation of 286.2 feet msl; (3) a 70-foot-long gated intake structure 
equipped with a trashracks with 3.5-inch clear bar spacing; (4) a 
powerhouse containing two turbines directly connected to two generating 
units for a total installed capacity of 1.04 MW; (5) a 62-foot-long, 
2.4-kV transmission line; and (6) appurtenant facilities.

Eel Weir

    The existing Eel Weir Development is located at river mile 5.1 of 
the Oswegatchie River and consists of: (1) A 1,012-foot-long dam with a 
short earthen embankment and a 744-foot-long, 26-foot-high Ambursen 
spillway with a crest elevation of 272.0 feet msl; (2) a 96-acre 
reservoir with a gross storage capacity of 136.0 acre-feet and a normal 
maximum pool elevation of 272.0 feet msl; (3) a 117-foot-long gated 
intake structure equipped with a trashrack with 3.5-inch clear bar 
spacing; (4) a powerhouse containing three turbines directly connected 
to three generating units for a total installed capacity of 2.46 MW; 
(5) a 127-foot-long, 2.4-kV transmission line; and (6) appurtenant 
facilities.
    m. Erie Boulevard Hydropower, L.P. (Erie) filed a Settlement 
Agreement (Settlement) February 18, 2011 signed by the Adirondack 
Mountain Club, Adirondack Park Agency, Clifton-Fine Economic 
Development Group, 5 Ponds Subcommittee, St. Lawrence County, New York 
State Department of Environmental Conservation, New York State Council 
of Trout Unlimited, U.S. Fish and Wildlife Service, the National Park 
Service and Erie (collectively, the Parties). The purpose of the 
Settlement is to provide for the continued operation of the project 
with appropriate protection, mitigation and enhancement measures that 
balance the power and non-power values of the Oswegatchie River. The 
agreement resolves among the Parties issues related to project 
operations, fisheries, wildlife, water quality, recreation, and 
cultural resources. The Parties request that the Commission accept and 
incorporate, without material modification, Sections 3.1 through 3.9 of 
the Settlement as numbered license articles.
    n. A copy of the application and Settlement 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.
    o. 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

[[Page 23801]]

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.
    p. Procedural Schedule:
    The application will be processed according to the following 
revised Hydro Licensing Schedule. Revisions to the schedule may be made 
as appropriate.

------------------------------------------------------------------------
                Milestone                           Target Date
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Filing of recommendations, preliminary    June 2011.
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues EA....................  October 2011.
Comments on EA..........................  November 2011.
Modified terms and conditions...........  January 2012.
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    q. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.
    r. 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.

    Dated: April 21, 2011.
Kimberly D. Bose,
Secretary. .
[FR Doc. 2011-10260 Filed 4-27-11; 8:45 am]
BILLING CODE 6717-01-P