[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Pages 60415-60416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24365]



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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12962-002]


Newburgh 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.: 12962-002.
    c. Date filed: April 29, 2011.
    d. Applicant: Newburgh Hydro, LLC.
    e. Name of Project: Newburgh Hydroelectric Project.
    f. Location: The project would be located on the Ohio River at the 
existing U.S. Army Corps of Engineers' (Corps) Newburgh Locks and Dam 
in Henderson County, Kentucky and Warrick County, Indiana.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Brent L. Smith, COO, Symbiotics LLC, 371 
Upper Terrace, Suite 2, Bend, OR 97702, (541) 330-8779; Dr. Vincent A. 
Lamarra, CEO, Symbiotics LLC, 975 South State Highway, Logan, UT 84321, 
(435) 752-2580.
    i. FERC Contact: Jennifer Adams, (202) 502-8087, 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 existing Newburgh Locks and Dam is a 2,275.5-foot-long by 
122-foot-high dam containing nine Taintor gates, each 110 feet wide by 
32 feet high, and a concrete fixed weir. The main and auxiliary locks 
are on the Indiana side of the river. The main lock is 110 feet wide by 
1,200 feet long and the auxiliary lock is 110 feet wide by 600 feet 
long. The impoundment above the Newburgh Locks and Dam has a surface 
area of 16,390 acres and a storage capacity of 455,800 acre-feet.
    The proposed Newburgh Project would consist of: (1) An 800-foot-
long forebay; (2) a 144-foot-long, 69-foot-high trashrack, with 4-inch 
openings; (3) a 215-foot-long, 167-foot-wide submersible, concrete 
powerhouse containing three Kaplan turbine-generators, each with an 
installed capacity of 18.9 megawatts (MW), for a total capacity of 56.7 
MW; (4) a 1,500-foot-long tailrace with a submerged dike approximately 
at the midpoint for navigation purposes; (5) an 800-foot-long 
transmission line from the powerhouse to; (6) a switchyard; (7) a 3.8-
mile-long 138 kilovolt transmission line to an existing substation; (8) 
a 3,559-foot-long access road that would reroute State Road No. 2 and 
include a 8,000 square foot parking lot; and (9) appurtenant 
facilities. The estimated average annual generation for the project 
would be 169,000 megawatt hours. The project would operate run-of-
river, utilizing the flows released under the current Corps operation 
guidelines.
    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. Copies are 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 Hydropower Licensing Schedule.

[[Page 60416]]

Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations, preliminary   November 2012.
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues EA...................  March 2013.
Comments on EA.........................  April 2013.
Modified terms and conditions..........  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 18 CFR 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: September 26, 2012.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-24365 Filed 10-2-12; 8:45 am]
BILLING CODE 6717-01-P