[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Pages 69662-69663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27746]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD14-6-000]


Browns Valley Irrigation District; Notice of Preliminary 
Determination of a Qualifying Conduit Hydropower Facility and 
Soliciting Comments and Motions To Intervene

    On November 1, 2013, Browns Valley Irrigation District (BVID) 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 985 kW Tennessee Ditch Hydropower Project would utilize a 
new pipeline paralleling BVID's existing Tennessee Ditch conduit 
structure, which delivers water to Tennessee Creek for downstream 
irrigation purposes. The project would be located in Yuba County, 
California.
    Applicant Contact: Walter Cotter, Browns Valley Irrigation 
District, 9370 Browns Valley School Road, P.O. Box 6, Browns Valley, CA 
95918, Phone No. (530) 743-5703.
    FERC Contact: Robert Bell, Phone No. (202) 502-6062, email: 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) A new intake structure at the end of a 
tunnel that transports water from Collins Lake; (2) a new 7,225-foot-
long, 36-inch diameter PVC intake pipe running parallel with the 
Tennessee Ditch; (3) a new powerhouse containing one new

[[Page 69663]]

985-kilowatt generating unit; (4) a new discharge pool under the 
powerhouse, which will discharge water into Tennessee Creek; and (5) 
appurtenant facilities. The proposed project would have an estimated 
annual generating capacity of 3,900 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
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                                                                                                      Satisfies
            Statutory provision                                   Description                           (Y/N)
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FPA 30(a)(3)(A), as amended by HREA.......  The conduit the facility uses is a tunnel, canal,                 Y
                                             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.
FPA 30(a)(3)(C)(i), as amended by HREA....  The facility is constructed, operated, or maintained              Y
                                             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 HREA...  The facility has an installed capacity that does not              Y
                                             exceed 5 megawatts.
FPA 30(a)(3)(C)(iii), as amended by HREA..  On or before August 9, 2013, the facility is not                  Y
                                             licensed, or exempted from the licensing requirements
                                             of Part I of the FPA.
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    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., CD14-6-000) 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: November 13, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-27746 Filed 11-19-13; 8:45 am]
BILLING CODE 6717-01-P