[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Notices]
[Pages 22728-22729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08635]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD20-3-000]


Town of Erie, Colorado; Notice of Preliminary Determination of a 
Qualifying Conduit Hydropower Facility and Soliciting Comments and 
Motions To Intervene

    On April 15, 2020, the Town of Erie, Colorado, filed a notice of 
intent to construct a qualifying conduit hydropower facility, pursuant 
to section 30 of the Federal Power Act (FPA). The proposed Lynn R. 
Morgan WTF Hydroelectric Facility would have an installed capacity of 
93 kilowatts (kW), and would be located along an existing raw water 
pipeline that feeds the existing Lynn R. Morgan Water Treatment 
Facility near the Town of Erie, Boulder County, Colorado.
    Applicant Contact: Todd Fessenden, 645 Holbrook Street, PO Box 750, 
Erie, CO 80516, Phone No. 303-926-2700, Email: [email protected].
    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 93-kW turbine-generator; (2) short 16-
inch-diameter inlet and outlet pipelines connecting to the existing raw 
water pipeline; (3) an approximately 29-foot by 20-foot powerhouse; and 
(4) appurtenant facilities. The proposed project would have an 
estimated annual generation of up to 578 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined 
or deemed to meet all the criteria shown in the table below.

                          Table 1--Criteria for Qualifying Conduit Hydropower Facility
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                                                                                                    Satisfies (Y/
              Statutory provision                                   Description                          N)
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FPA 30(a)(3)(A)................................  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).............................  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)............................  The facility has an installed capacity that does             Y
                                                  not exceed 40 megawatts.
FPA 30(a)(3)(C)(iii)...........................  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 Lynn R. Morgan WTF 
Hydroelectric Facility will not alter the primary purpose of the 
conduit, which is to transport raw water to a municipal water treatment 
facility. 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 30 
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 (2019).
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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: The Commission provides all 
interested

[[Page 22729]]

persons an opportunity to view and/or print the contents of this 
document via the internet through the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (i.e., 
CD20-3) in the docket number field to access the document. 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. Copies of the notice of intent can be obtained 
directly from the applicant. At this time, the Commission has suspended 
access to the Commission's Public Reference Room due to the 
proclamation declaring a National Emergency concerning the Novel 
Coronavirus Disease (COVID-19), issued by the President on March 13, 
2020. For assistance, call toll-free 1-866-208-3676 or email 
[email protected]. For TTY, call (202) 502-8659.

    Dated: April 16, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-08635 Filed 4-22-20; 8:45 am]
BILLING CODE 6717-01-P