[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6890-6891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02371]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD14-12-000]


Terry Porter; Notice of Preliminary Determination of a Qualifying 
Conduit Hydropower Facility and Soliciting Comments and Motions To 
Intervene

    On January 15, 2014, Terry Porter 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 project would have an 
installed capacity of 5.1 kilowatts (kW) Porter-Akali Turbine Project, 
and it would utilize an existing 6,400-long pipeline, which varies from 
eight inches to four inches in diameter, that provides water from 
Alkali Creek for agricultural purposes. The project would be located 
near the Town of New Castle, Garfield County, Colorado.
    Applicant Contact: Terry Porter, P.O. Box 8, New Caste, CO 81647 
Phone No. (970) 379-5360.
    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 small segment of an existing 300-feet-
long, four-inch diameter high-pressure intake pipeline; (2) a proposed 
powerhouse containing two generating units, having a total installed 
capacity of 5.1-kW; (3)proposed eight-inch-diameter discharge pipe; and 
(4) appurtenant facilities. The proposed project would have an 
estimated annual generating capacity of 22.032 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
            Statutory provision                                    Description                          (Y/N)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2013).
---------------------------------------------------------------------------

    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.

[[Page 6891]]

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., CD14-12-000) 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: January 29, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-02371 Filed 2-4-14; 8:45 am]
BILLING CODE 6717-01-P