[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51197-51198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18358]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD16-17-000]


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

    On July 26, 2016, Elephant Butte Irrigation District 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). 
The proposed Drop 8 Facility would have an installed capacity of 40 
kilowatts (kW), and would be located at the existing Drop 8 check 
structure of Elephant Butte Irrigation District's Westside Irrigation 
Canal. The project would be located near La Mesa in Do[ntilde]a Ana 
County, New Mexico.
    Applicant Contact: Gary L. Esslinger, Treasurer/Manager, Elephant 
Butte Irrigation District, 530 S. Melendres, Las Cruces, NM 88005, 
Phone No. (575) 526-6671.
    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 drywell, approximately 23 feet by 13 
feet, within the canal's right bank; (2) two new turbine/generating 
units with a total installed capacity of 40 kW; (3) two 24-inch-
diameter, 9-foot-long intake pipes; (4) one 48-inch-diameter, 120-foot-
long raceway returning water to the Westside Irrigation Canal; and (5) 
appurtenant facilities. The proposed project would have an estimated 
annual generating capacity of 230 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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              Statutory Provision                                 Description                    Satisfies (Y/N)
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FPA 30(a)(3)(A), as amended by HREA...........  The conduit the facility uses is a tunnel,                    Y
                                                 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.
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                   Y
                                                 does not exceed 5 megawatts.
FPA 30(a)(3)(C)(iii), as amended by HREA......  On or before August 9, 2013, the facility is                  Y
                                                 not licensed, or exempted from the licensing
                                                 requirements of Part I of the FPA.
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[[Page 51198]]

    Preliminary Determination: The proposed addition of the 
hydroelectric project along the existing irrigation canal will not 
alter its primary purpose. 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.\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 (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 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., CD16-17) 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: July 28, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-18358 Filed 8-2-16; 8:45 am]
BILLING CODE 6717-01-P