[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12892-12893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05501]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD16-8-000]


White River Electric Association; Notice of Preliminary 
Determination of a Qualifying Conduit Hydropower Facility and 
Soliciting Comments and Motions To Intervene

    On February 24, 2016, White River Electric Association filed a 
notice of intent to construct a qualifying conduit hydropower facility, 
pursuant to section 30 of the Federal Power Act (FPA), as amended by 
section 4 of the Hydropower Regulatory Efficiency Act of 2013 
(HREA).\1\ The proposed Miller Creek Ditch Hydropower Project would 
have an installed capacity of 180 kilowatts (kW), and would be located 
along the Miller Creek Ditch. The project would be located near the 
Town of Meeker, in Rio Blanco County, Colorado.
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    \1\ Hydropower Regulatory Efficiency Act of 2013, Public Law 
113-23, Sec.  4, 27 Stat. 493 (2013); 79 FR 2164 (2014).
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    Applicant Contact: Alan Michalewicz, P.O. Box 958, 233 6th Street, 
Meeker, CO 81641, Phone No. (970) 878-5041.
    FERC Contact: Christopher Chaney, Phone No. (202) 502-6778, email: 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) A new powerhouse, approximately 20 feet 
by 23 feet, adjacent to the downstream end of an existing 30-inch-
diameter by approximately 680-foot-long steel pipe used to convey 
Miller Creek Ditch across County Road 13; (2) an underground tailrace 
returning flows to the existing 30-inch-diameter steel pipe; (3) a new 
450-foot-long, 30-inch-diameter penstock, fed by a new diversion and 
intake structure adjacent to an existing diversion and intake 
structure; (4) a cross flow turbine/generating unit with an installed 
capacity of 180 kW; and (5) appurtenant facilities.
    The proposed project would have a total installed capacity of 180 
kW.
    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                   Y
                                                   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 HREA.........  The facility has an installed capacity that does            Y
                                                   not 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: The proposed addition of the 
hydroelectric project along the Miller Creek Ditch will not alter its 
primary purpose of distributing water for irrigation. Therefore, based 
upon the above criteria, Commission staff preliminarily determines that 
the proposal satisfies the requirements for a qualifying conduit 
hydropower facility, which is 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.\2\ 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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    \2\ 18 CFR 385.2001-2005 (2015).
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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

[[Page 12893]]

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 (i.e., CD16-8) 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: March 7, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-05501 Filed 3-10-16; 8:45 am]
 BILLING CODE 6717-01-P