[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Notices]
[Pages 21770-21771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09964]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD18-8-000]


Notice of Preliminary Determination of a Qualifying Conduit 
Hydropower Facility and Soliciting Comments and Motions To Intervene: 
Davis and Weber Counties Canal Company

    On April 27, 2018, Davis and Weber Counties Canal Company 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 West Point Pump Station Micro-hydropower Project would 
have an installed capacity of 8 kilowatts (kW), and would be located 
along Davis and Weber Counties Canal Company's secondary irrigation 
system. The project would be located near the Town of West Point in 
Davis County, Utah.
    Applicant Contact: Richard Smith, General Manager, Davis and Weber 
Counties Canal Company, 138 West 1300 North, Sunset, UT 84015; Phone 
No. (801) 774-6373.
    FERC Contact: Robert Bell, Phone No. (202) 502-6062; Email: 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) Two new generating units that have a 
total generating capacity of 8 kW, housed in a pump return pipeline to 
a storage reservoir; and (2) appurtenant facilities. The proposed 
project would have an estimated annual generation of 6 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 (Y/
       Statutory provision               Description             N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by    The conduit the facility            Y
 HREA.                             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 hydroelectric project will 
utilize an existing irrigation pipeline, the primary purpose of which 
is to deliver lawn and garden pressure irrigation water to these same 
counties to Davis and Weber Counties. The addition of the West Point 
Pump Station Micro-hydropower Project will not alter the conduit's 
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

[[Page 21771]]

facility meets the qualifying criteria must set forth their evidentiary 
basis.
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    \1\ 18 CFR 385.2001-2005 (2017).
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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., CD18-8) 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: May 4, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-09964 Filed 5-9-18; 8:45 am]
BILLING CODE 6717-01-P