[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76017-76018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30910]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14463-000]


City of Avenal, California; 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.: 14463-000.
    c. Date filed: October 22, 2012.
    d. Applicant: City of Avenal.
    e. Name of Project: Tank 4 In-Conduit Hydroelectric Project.
    f. Location: The proposed Tank 4 In-Conduit Hydroelectric Project 
would be located along the conduit that delivers drinking water to the 
City of Avenal in Kings County, California. 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. Rick Cunningham, Utilities Supervisor, 
City of Avenal, 919 Skyline Boulevard, Avenal, CA 93204, 
[email protected], (559) 386-5766.
    i. FERC Contact: Linda Jemison, (202) 502-6363, 
[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: Due to the small size 
of the proposed project, as well as the resource agency consultation 
letters filed with the application, the 60-day timeframe specified in 
18 CFR 4.34(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 at http://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly encourages electronic 
filings.

[[Page 76018]]

    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 Tank 4 In-Conduit Hydroelectric 
Project would replace the City of Avenal's water storage Tank 4 with an 
in-conduit turbine system which would deliver energy while controlling 
the pressure of treated water entering the City's drink water 
distribution system. The intake for the water is located adjacent to 
the San Luis Canal. The water is treated near the intake and is 
conveyed approximately 6 miles to the project site. The hydroelectric 
system will capture some of the energy of the gravitational flow within 
the drinking water system to generate electricity.
    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/docs-filing/elibrary.asp using the ``eLibrary'' 
link. Enter the docket number, here P-14463, in the docket number field 
to access the document. For assistance, call toll-free 1-866-208-3676 
or email [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 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 seven 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: On June 5, 2012, the 
applicant informed agencies, affected Indian Tribes, and adjacent 
property owners of its request to waive the Commission's consultation 
requirements under 18 CFR 4.38(c). Only the National Marine Fisheries 
Service representative responded, by telephone call on July 6, 2012), 
explaining that ``the NMFS would not respond in writing and had no 
comments on this Project at that time.'' No other comments were 
received. Therefore, the Commission intends to accept the consultation 
that has occurred on this project during the pre-filing period and 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: December 18, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-30910 Filed 12-21-12; 8:45 am]
BILLING CODE 6717-01-P