[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Notices]
[Pages 51717-51718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20348]



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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12613-004]


Tygart, 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.: 12613-004.
    c. Date Filed: April 30, 2013.
    d. Applicant: Tygart, LLC.
    e. Name of Project: Tygart Hydroelectric Project.
    f. Location: The proposed project would be located at the U.S. Army 
Corps of Engineers' (Corps) Tygart Dam on the Tygart River in Taylor 
County, West Virginia. The project would occupy 1 acre of federal land 
managed by the Corps.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: David Sinclair, President, Advanced Hydro 
Solutions, 3000 Auburn Drive, Suite 430, Beachwood, OH 44122-4340 or by 
email at [email protected].
    i. FERC Contact: Allyson Conner, (202) 502-6082 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.
    The Commission strongly encourages electronic filing. Please file 
motions to intervene, protests, comments, recommendations, preliminary 
terms and conditions, and preliminary fishway prescriptions using the 
Commission's eFiling system at 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], (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to: 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426. The first page of any filing should include 
docket number P-12613-004.
    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 proposed project would utilize the Corps' existing Tygart 
Dam, and would consist of the following new facilities: (1) A 15-foot-
wide by 21-foot-high steel intake structure; (2) a 270-foot-long 
penstock which would bifurcate into a 110-foot-long and a 150-foot-long 
penstock; (3) a 121-foot-long by 99-foot-wide concrete powerhouse; (4) 
two unequal-sized turbines with a combined capacity of 30 megawatts; 
(5) an excavated 60-foot-wide by 160-foot-long tailrace; (6) a 1.54-
mile-long transmission line; and (7) a switchyard with appurtenant 
facilities. The average annual generation is estimated to be 108,600 
megawatt-hours.
    The proposed project would operate in a run-of-release mode using 
flows made available by the Corps.
    The proposed project boundary would enclose all of the generating 
facilities located on 1 acre of Corps' land as well as the transmission 
line located on 7 acres of privately owned land.
    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.

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                 Milestone                           Target date
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Filing of recommendations, preliminary      October 13, 2013.
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues EA......................  February 10, 2014.
Comments on EA............................  March 12, 2014.

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Modified terms and conditions.............  May 11, 2014.
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    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) the 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: August 14, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-20348 Filed 8-20-13; 8:45 am]
BILLING CODE 6717-01-P