[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 24943-24945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10071]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12778-004]


Fall Creek Hydro, 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.: 12778-004.
    c. Date filed: February 28, 2011.
    d. Applicant: Fall Creek Hydro, LLC.
    e. Name of Project: Fall Creek Dam Hydroelectric Project.
    f. Location: The proposed project would be constructed at the 
existing U.S. Army Corps of Engineer's (Corps) Fall Creek Dam located 
on Fall Creek near the towns of Springfield and Eugene in Lane County, 
Oregon. The project would occupy 6.53 acres of Federal lands managed by 
the Corps.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).

[[Page 24944]]

    h. Applicant Contact: Brent L. Smith, Chief Operating Officer; 
Symbiotics LLC; 371 Upper Terrace, Suite 2, Bend, OR 97702; Telephone 
(541) 330-8779.
    i. FERC Contact: Lee Emery, Telephone (202) 502-8379 and email 
[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 is 
ready for environmental analysis.
    l. The proposed project would utilize the existing Corps' Fall 
Creek Dam and Fall Creek Reservoir, and would consist of the following 
new facilities: (1) Three water inlet structures with a total capacity 
of 625 cubic feet per second, built on the upstream face of the dam 
drawing water from elevations 720, 765 and 800 mean sea level; (2) a 
32-foot-long, 22-foot-wide valve control structure for the three water 
inlets; (3) an 8-foot-diameter, approximately 570-foot-long penstock 
grouted to the existing south side concrete outlet structure; (4) a 10-
foot-high, 5.5-foot-wide penstock isolation gate located at the 
downstream end of the penstock and maintaining hydraulic pressure in 
the penstock; (5) two 8-foot-diameter bifurcations located 
approximately 70 feet upstream of the penstock isolation gate; (6) two 
110-foot-long, 8-foot-diameter penstocks; (7) two Eicher screens, one 
per penstock; (8) a 48.5-foot-long, 44-foot-wide concrete fish screen 
enclosure; (9) a 26-foot-long penstock convergence and trifurcation 
section leading to two Francis and one Kaplan turbine-generating units 
with a total installed capacity of 10 megawatts (MW); (10) a 75-foot-
long, 60-foot-wide concrete powerhouse; (11) a network of pipes 
supplying water to an existing Corps fish collection facility during 
powerhouse operation or shutdown; (12) an approximately 100-foot-long, 
64-foot-wide concrete tailrace channel equipped with picket barrier to 
prevent fish from accessing the turbine runners; (13) a 2,850-foot-long 
fish bypass system starting at the Eicher screens and consisting of (a) 
two 1,430-foot-long by 24-inch-diameter pipes each with 24 outlets 
discharging into an approximately 1,420-foot-long, 24-inch-wide and 24-
inch-deep ``U'' shaped concrete open channel return chute; and (b) an 
approximately 33-foot-long, 23-foot-wide fish evaluation station 
located approximately 370 feet upstream from where the return chute 
discharges back into Fall Creek; (14) a 442-foot-long, 12.5 kilovolt 
buried transmission line connecting the powerhouse to an existing 
overhead transmission line which is part of the local grid; and (15) 
appurtenant facilities. The project would occupy 6.53 acres of Federal 
lands owned and managed by the Corps. The average annual generation is 
estimated to be 21,220 megawatt-hours.
    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 email 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, .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,'' ``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.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations, preliminary   June 2012.
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues Draft EA.............  December 2012.

[[Page 24945]]

 
Comments on Draft EA...................  January 2013.
Modified Terms and Conditions..........  March 2013.
Commission Issues Final EA.............  June 2013.
------------------------------------------------------------------------

    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 19, 2012.
Kimberly D. Bose,
 Secretary .
[FR Doc. 2012-10071 Filed 4-25-12; 8:45 am]
BILLING CODE 6717-01-P