[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48835-48836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20160]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 13466-001]


City of Gresham; Notice of Application Accepted for Filing and 
Soliciting Comments, Motions to Intervene, Protests, Recommendations, 
and Terms and Conditions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Conduit Exemption.
    b. Project No.: 13466-001.
    c. Date filed: May 5, 2011, and supplemented on June 28, 2011, and 
July 26, 2011.
    d. Applicant: City of Gresham.
    e. Name of Project: City of Gresham Wastewater Treatment Plant 
Outfall Hydroelectric Project.
    f. Location: The proposed City of Gresham Wastewater Treatment 
Plant Outfall Hydroelectric Project would be located at the outfall of 
the City of Gresham's Wastewater Treatment Plant, a wastewater 
treatment facility effluent outfall distribution system located in 
Multnomah County, Oregon. The land on which all the project structures 
are located is owned by the applicant.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a--825r.
    h. Applicant Contact: Mr. Michael Nacrelli, P.E., City of Gresham, 
Oregon, Department of Environmental Services, 1333 NW Eastern Parkway, 
Gresham, Oregon 97030; telephone (503) 661-3000.
    i. FERC Contact: Kim Carter, telephone (202) 502-6486, and e-mail 
address [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 
resource agencies' comments filed with the application, 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 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 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 ``e-Filing'' 
link. 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 proposed City of Gresham Wastewater 
Treatment Plant Outfall Hydroelectric Project would consist of: (1) A 
new intake and a new outlet pipeline (each approximately 20-feet long) 
that taps onto two sections of the City of Gresham's Wastewater 
Treatment Plant's existing 3,500-foot-long, 48-inch-diameter outfall 
pipe; (2) a new 16-foot-wide, 12-foot-long concrete powerhouse; (3) a 
new single turbine/generator unit with an installed capacity of 50 kW; 
(4) a new 10-foot-wide, 10-foot-long concrete building to house 
additional controls and equipment; and (5) appurtenant facilities. The 
project would have an estimated annual generation of 413,000 kilowatt-
hours. The applicant plans to sell the generated energy to Portland 
General Electric under a power sales agreement.
    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 using the ``eLibrary'' link. Enter the docket 
number, here P-13466, 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

[[Page 48836]]

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 eight 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: The applicant requested 
agencies to support the waiver of the Commission's consultation 
requirements under 18 CFR 4.38(c). In May 2010, the U.S. Environmental 
Protection Agency, Bureau of Reclamation, Oregon Department of 
Environmental Quality, Department of Public Works--City of Fairview, 
U.S. Fish and Wildlife Service, Naval Seafloor Cable Protection Office, 
U.S. Coast Guard and the Yakama Indian Nation had no concerns or issues 
and waived the requirement for a second and third stage consultation. 
Several state and federal resource agencies commented on the 
application but no other comments regarding the request for waiver 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.

    Dated: August 3, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-20160 Filed 8-8-11; 8:45 am]
BILLING CODE 6717-01-P