[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Notices]
[Pages 52711-52713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21439]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2305-036]


Sabine River Authority of Texas and Sabine River Authority, State 
of Louisiana; Notice of Application Accepted for Filing, Soliciting 
Motions To Intervene and Protests, Ready for Environmental Analysis, 
Soliciting Comments, Recommendations, Preliminary Terms and Conditions, 
and Preliminary Fishway Prescriptions and Notice of Offer of Settlement

    Take notice that the following hydroelectric application and offer 
of settlement has been filed with the Commission and is available for 
public inspection.
    a. Type of Application: Major License and Offer of Settlement.
    b. Project No.: 2305-036.
    c. Date filed: September 30, 2011 (application); August 1, 2012 
(offer of settlement).
    d. Applicant: Sabine River Authority of Texas and Sabine River 
Authority, State of Louisiana (Sabine River Authorities).
    e. Name of Project: Toledo Bend Hydroelectric Project.
    f. Location: The existing project is located on the Sabine River 
between river mile (RM) 147 and RM 279, affecting lands and waters in 
Panola, Shelby, Sabine, and Newton Counties,

[[Page 52712]]

Texas, and De Soto, Sabine, and Vernon Parishes, Louisiana. The project 
occupies lands within the Sabine National Forest in Texas and the 
Indian Mounds Wilderness Area, administered by the U.S. Department of 
Agriculture--Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r) 
(application); Rule 602 of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.602 (offer of settlement)
    h. Applicant Contact:

Mr. Melvin T. Swoboda, Licensing Manager, Toledo Bend Project Joint 
Operation, P.O. Box 579, Orange, Texas 77631-0579, 409-746-2192; 
[email protected].
Mr. Jerry L. Clark, General Manager, Sabine River Authority of Texas, 
P.O. Box 579, Orange, Texas 77631-0579, 409-746-2192; [email protected].
Mr. James Pratt, Executive Director, Sabine River Authority, State of 
Louisiana, 15091 Texas Highway, Many, Louisiana 71449-5718, 318-256-
4112; [email protected].
Mr. Charles R. Sensiba, Van Ness Feldman, P.C., 1050 Thomas Jefferson 
Street NW., Washington, DC 20007, 202-298-1800.

    i. FERC Contact: Alan Mitchnick, telephone (202) 502-60745, and 
email [email protected].
    j. Deadline for filing motions to intervene and protests, comments 
on the application and offer of settlement, 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. Project Description: The existing Toledo Bend Hydroelectric 
Project consists of: (1) A rolled earth-fill embankment, approximately 
11,250 feet long with a top width of 25 feet and maximum height of 
approximately 112 feet; (2) an 185,000-surface acre, 85-mile-long 
reservoir, with an active storage capacity of 4,477,000 acre-feet at 
full pool and 1,200 miles of shoreline; (3) a 838-foot-long spillway 
located along the north dam abutment in Louisiana, comprising a 
concrete, gravity-type, gated weir with a concrete chute and stilling 
basin and a discharge channel on the left abutment with eleven 40-foot 
by 28-foot tainter gates; (4) a 80-foot-wide, 55-foot-high powerhouse 
located in the right abutment, containing two vertical Kaplan turbines 
with an authorized installed capacity of 81 megawatts (MW); (5) a 220-
foot-long, concrete tailrace segment leading into a 2-mile-long, 
excavated channel that eventually merges with the Sabine River; (6) a 
138-kilovolt primary transmission line leading from the powerhouse to 
the project switchyard, located immediately adjacent to the tailrace; 
and (7) a station transformer located to the immediate south of and 
adjacent to the powerhouse. The Sabine River Authorities propose to 
construct a 1.3-MW minimum flow turbine-generator at the project 
spillway.
    The offer of settlement involves use of Sabine National Forest 
lands and water quality and aquatic resources in the lower Sabine 
River.
    m. A copy of the application and offer of 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 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, .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.

[[Page 52713]]



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                Milestone                           Target date
------------------------------------------------------------------------
Commission issues draft EIS.............  April 2013
Comments on draft EIS (45-day comment     June 2013
 period).
Commission issues final EIS (assumes      September 2013
 modified terms and conditions would not
 be necessary).
------------------------------------------------------------------------

    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. Other Agency Authorizations: A Texas Commission on Environmental 
Quality (Texas CEQ) section 401 Water Quality Certification is 
required. As part of its processing of the license application, the 
Texas CEQ is reviewing the application under Section 401 of the Clean 
Water Act (CWA), and in accordance with Title 30, Texas Administrative 
Code Section 279.1-13, to determine if the project would comply with 
State water quality standards. Based on an understanding between the 
Federal Energy Regulatory Commission (FERC) and the Texas CEQ, this 
public notice is also issued for the purpose of advising all known 
interested persons that there is, pending before the Texas CEQ, a 
decision on the request for section 401 water quality certification for 
this FERC license application. Any comments concerning this 
certification request may be submitted to the Texas Commission on 
Environmental Quality, 401 Coordinator, MSC-150, P.O. Box 13087, 
Austin, Texas 78711-3087. The public comment period extends 30 days 
from the date of publication of this notice. A copy of the public 
notice with a description of the project is made available for review 
in the Texas CEQ's Austin office. The complete application may be 
reviewed at the address listed in paragraph h. The Texas CEQ may 
conduct a public meeting to consider all comments concerning water 
quality if requested in writing. A request for a public meeting must 
contain the following information: the name, mailing address, 
application number, or other recognizable reference to the application, 
a brief description of the interest of the requester, or of persons 
represented by the requester; and a brief description of how the 
certification, if granted, would adversely affect such interest.

    Dated: August 23, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-21439 Filed 8-29-12; 8:45 am]
BILLING CODE 6717-01-P