[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15519-15520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06157]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD17-9-000]


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

    On March 10, 2017, Ryan Yoder 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 Yoder Farm Water 
Supply System Project would have an installed capacity of 1.6 kilowatts 
(kW), and would be located along an irrigation and domestic water 
supply pipeline the

[[Page 15520]]

applicant is replacing and upgrading. The project would be located in 
the town of Danby in Rutland County, Vermont.
    Applicant Contact: Robert Yoder, 241 Killington Avenue, Rutland, VT 
05701 Phone No. (720) 425-2818.
    FERC Contact: Christopher Chaney, Phone No. (202) 502-6778, email: 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) An approximately 10-foot by 10-foot shed 
containing two 800-kW turbine/generating units with a total installed 
capacity of 1.6 kW; (2) a short penstock to the turbine that wyes off a 
4-inch-diameter water supply pipeline; (3) a 20-foot-long, open channel 
tailrace discharging water to Mill Brook; and (4) appurtenant 
facilities. The proposed project would have an estimated annual 
generating capacity of 13,000 kilowatt-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  (Y/
       Statutory provision              Description              N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by    The conduit the                     Y
 HREA.                             facility uses is a
                                   tunnel, 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    The facility is                     Y
 by HREA.                          constructed, operated,
                                   or 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   The facility has an                 Y
 by HREA.                          installed capacity
                                   that does not exceed 5
                                   megawatts.
FPA 30(a)(3)(C)(iii), as amended  On or before August 9,              Y
 by HREA.                          2013, the facility is
                                   not licensed, or
                                   exempted from the
                                   licensing requirements
                                   of Part I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: The proposed addition of the 
hydroelectric project along the upgraded irrigation and domestic water 
supply pipeline will not alter its primary purpose. Yoder Farm has 
stated that the primary purpose of the pipeline upgrade is to improve 
the efficiency of the existing pipe, and that it will proceed with the 
pipeline upgrade regardless of the ability to generate electricity. 
Yoder Farm has also indicated that the generator is subordinate to the 
agricultural demands of the conduit, and will operate only in instances 
where excess water must be released. Therefore, based upon the above 
information and 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 (2016).
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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., CD17-9) 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 23, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-06157 Filed 3-28-17; 8:45 am]
 BILLING CODE 6717-01-P