[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Notices]
[Pages 64935-64936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25698]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD14-3-000]


Borough of Ellwood City, Pennsylvania; Notice of Preliminary 
Determination of a Qualifying Conduit Hydropower Facility and 
Soliciting Comments and Motions To Intervene

    On October 10, 2013, the Borough of Ellwood City, Pennsylvania, 
filed a notice of intent to construct a qualifying conduit hydropower 
facility, pursuant to section 30 of the Federal Power Act, as amended 
by section 4 of the Hydropower Regulatory Efficiency Act of 2013 
(HREA). The Ellwood City Hydroelectric Project would be located at the 
Borough of Ellwood City's wastewater treatment plant in Lawrence 
County, Pennsylvania.
    Applicant Contact: August E. Maas, P.E., Hill Engineering, 8 Gibson 
Street, North East, PA 16428, Phone No. (814) 725-8659.
    FERC Contact: Christopher Chaney, Phone No. (202) 502-6778, email: 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) An intake from the existing 24-inch 
wastewater discharge pipe; (2) a proposed 20-foot-wide by 20-foot-long 
powerhouse, containing one 10-kilowatt generating unit; (3) a proposed 
discharge pipe returning flows to an existing rip-rapped wastewater 
discharge channel; and (4) appurtenant facilities. The proposed project 
would have an estimated annual generating capacity of 70 megawatt-
hours.
    A qualifying conduit hydropower facility is one that is determined 
or deemed to meet all of the criteria shown in the table below.

      Table 1--Criteria for Qualifying Conduit Hydropower Facility
------------------------------------------------------------------------
                                                            Satisfies (Y/
        Statutory provision               Description            N)
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FPA 30(a)(3)(A), as amended by HREA  The conduit the                  Y
                                      facility uses is a
                                      tunnel, canal,
                                      pipeline, aqueduct,
                                      flume, ditch, or
                                      similar manmade
                                      water conveyance
                                      that is operated for
                                      the distribution of
                                      water for
                                      agricultural,
                                      municipal, or
                                      industrial
                                      consumption and not
                                      primarily for the
                                      generation of
                                      electricity.

[[Page 64936]]

 
FPA 30(a)(3)(C)(i), as amended by    The facility is                  Y
 HREA.                                constructed,
                                      operated, or
                                      maintained for the
                                      generation of
                                      electric power and
                                      uses for such
                                      generation only the
                                      hydroelectric
                                      potential of a non-
                                      federally owned
                                      conduit.
FPA 30(a)(3)(C)(ii), as amended by   The facility has an              Y
 HREA.                                installed capacity
                                      that does not exceed
                                      5 megawatts.
FPA 30(a)(3)(C)(iii), as amended by  On or before August              Y
 HREA.                                9, 2013, the
                                      facility is not
                                      licensed, or
                                      exempted from the
                                      licensing
                                      requirements of Part
                                      I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: Based upon the above criteria, 
Commission staff preliminarily determines that the proposal satisfies 
the requirements for a qualifying conduit hydropower facility not 
required to be licensed or exempted from licensing.
    Comments and Motions to Intervene: Deadline for filing comments 
contesting whether the facility meets the qualifying criteria is 45 
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the 
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance 
with the requirements of Rules of Practice and Procedure, 18 CFR 
385.210 and 385.214. Any motions to intervene must be received on or 
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1) 
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR 
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as 
applicable; (2) state in the heading the name of the applicant and the 
project number of the application to which the filing responds; (3) 
state the name, address, and telephone number of the person filing; and 
(4) otherwise comply with the requirements of sections 385.2001 through 
385.2005 of the Commission's regulations.\1\ All comments contesting 
Commission staff's preliminary determination that the facility meets 
the qualifying criteria must set forth their evidentiary basis.
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    \1\ 18 CFR 385.2001-2005 (2013).
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    The Commission strongly encourages electronic filing. Please file 
motions to intervene and comments 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. 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.
    Locations of Notice of Intent: Copies of the notice of intent can 
be obtained directly from the applicant or such copies can be viewed 
and reproduced at the Commission in its 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 (e.g., CD14-3) 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.

    Dated: October 23, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-25698 Filed 10-29-13; 8:45 am]
BILLING CODE 6717-01-P