[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Notices]
[Pages 48138-48139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19301]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12588-010]


Hydraco Power, Inc.; Notice of Intent To Terminate Exemption (5 
MW or Less) and Soliciting Comments, Protests, or Motions To Intervene

    Take notice that the following hydroelectric proceeding has been 
initiated by the Commission:
    a. Type of Proceeding: Notice of Intent to Terminate Exemption
    b. Project No.: 12588-010
    c. Date Initiated: August 7, 2014
    d. Exemptee: Hydraco Power, Inc.
    e. Name and Location of Project: The A.H. Smith Dam Hydroelectric 
Project is located on the San Marcos River near the town of Martindale, 
Caldwell County, Texas.
    f. Exemptee Contact Information: Mr. Warren David Long, Owner, 
Hydraco Power, Inc., P.O. Box 280, 204 Main Street, Martindale, Texas, 
78655, (512) 357-1456.
    g. FERC Contact: Jennifer Polardino, (202) 502-6437, 
[email protected]
    h. Deadline for filing comments, protests, or motions to intervene 
is 30 days from the issuance of this notice by the Commission. Please 
file your

[[Page 48139]]

submittal electronically via the Internet (eFiling) in lieu of paper. 
Please refer to the instructions on the Commission's Web site under 
http://www.ferc.gov/docs-filing/efiling.asp and filing instructions in 
the Commission's Regulations at 18 CFR section 385.2001(a)(1)(iii). To 
assist you with eFilings you should refer to the submission guidelines 
document at http://www.ferc.gov/help/submission-guide/user-guide.pdf. 
In addition, certain filing requirements have statutory or regulatory 
formatting and other instructions. You should refer to a list of these 
``qualified documents'' at http://www.ferc.gov/docs-filing/efiling/filing.pdf. You must include your name and contact information at the 
end of your comments. Please include the project number (P-12588-010) 
on any documents or motions filed. The Commission strongly encourages 
electronic filings; otherwise, you should submit an original and seven 
copies of any submittal to the following address: The Secretary, 
Federal Energy Regulatory Commission, Mail Code: DHAC, PJ-12, 888 First 
Street NE., Washington, DC 20426.
    i. Description of Project Facilities: The project utilizes the 
existing facilities: (1) A 10.5-foot-high by 86.5-foot-long concrete 
dam; (2) a 3-foot-wide by 4-foot-high wooden stopgate positioned in the 
east bank of the dam which regulates flows to the turbine; (3) a 10.62-
acre impoundment; (4) a powerhouse; (5) a 150-kW turbine-generator 
unit; (6) a trashrack with 2-inch bar spacing; and (9) appurtenant 
facilities. The exemptee stated that the rehabilitation of the project 
would consist of (1) repairs to the existing powerhouse; (2) 
refurbishment of the existing turbine and trashrack; (3) installation 
of a new 100-foot-long, 480-volt buried transmission line; and (4) 
installation of a water surface elevation gage in the headpond.
    j. Description of Proceeding: The exemptee is in violation of 
Article 10 of its exemption, which was granted June 2, 2006 (115 FERC ] 
62,250). Article 10 states, in pertinent part, that the Commission may 
revoke this exemption if actual construction of any proposed or 
required facility has not begun within two years (i.e., by June 1, 
2008) or has not been completed within four years from the issuance 
date of the exemption (i.e., by June 1, 2010).
    The exemptee's 2008 plan and schedule stated the project would be 
operational by June 2009. The exemptee has only recently completed 
minimal work to the project which includes: (a) Portage and safety 
signage as required by Article 15 of the exemption; (b) the 
installation of new trashracks; (d) exterior lighting for dam and spill 
way; and (c) installation of the underground portion of the 
transmission line. The transmission line is not connected to the 
powerhouse or power pole because it has not met the requirements for 
interconnection with the transmission grid. The construction on the 
powerhouse interior is currently at a standstill, which includes 
rebuilding the generating unit. The Commission has made repeated 
attempts requesting the exemptee to submit a plan and schedule to 
restore the project. To date, the exemptee has not filed a plan and 
schedule to complete project construction or to surrender the 
exemption. The exemptee's most recent filing on August 1, 2014 stated 
that it cannot provide a fixed time frame when the project would resume 
generation due to the indeterminable time frame of major component 
repairs. In the August 1, 2014 filing, the licensee stated that it 
would hopefully start generation within the next three years or sooner.
    k. This notice 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 Commission's 
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the 
Docket number (P-12588-010) excluding the last three digits in the 
docket number field to access the notice. You may also 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, call toll-free 1-866-208-3676 or email 
[email protected]. For TTY, call (202) 502-8659.
    l. Comments, Protests, or Motions to Intervene: 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, 
.212, .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 proceeding.
    m. Filing and Service of Responsive Documents--Any filing must (1) 
bear in all capital letters the title ``COMMENTS, PROTEST,'' or 
``MOTIONS TO INTERVENE,'' as applicable; (2) set forth in the heading 
the project number of the proceeding to which the filing responds; (3) 
furnish the name, address, and telephone number of the person 
commenting, protesting, or intervening; and (4) otherwise comply with 
the requirements of 18 CFR 385.2001 through 385.2005. All comments or 
protests must set forth their evidentiary basis. All comments, 
protests, or motions to intervene should relate to project works which 
are the subject of the termination of exemption. A copy of any protest 
or motion to intervene must be served on each representative of the 
exemptee specified in item f above. A copy of all other filings in 
reference to this notice 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.
    n. Agency Comments--Federal, state, and local agencies are invited 
to file comments on the described proceeding. If any agency does not 
file comments within the time specified for filing comments, it will be 
presumed to have no comments.

    Dated: August 7, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-19301 Filed 8-14-14; 8:45 am]
BILLING CODE 6717-01-P