[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Pages 31489-31490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11207]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD20-5-000]


Kyle Kembel Farm Irrigation Hydropower Project; Notice of 
Preliminary Determination of a Qualifying Conduit Hydropower Facility 
and Soliciting Comments and Motions To Intervene

    On May 18, 2020, Kyle Kembel filed a notice of intent to construct 
a qualifying conduit hydropower facility, pursuant to section 30 of the 
Federal Power Act (FPA). The proposed Kyle Kembel Farm Irrigation 
Hydropower Project would have an installed capacity of 5.2 kilowatts 
(kW), and would be located along an existing irrigation pipeline on the 
applicant's property near Fort Morgan, Morgan County, Colorado.
    Applicant Contact: Matt Harris, 21482 County Road T.5, Fort Morgan, 
CO 80701, Phone No. (970) 867-4971, 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 5.2-kW turbine-generator; (2) an 
approximately 8-foot by 10-foot powerhouse; (3) 6-inch-diameter intake 
and discharge pipes connecting to the existing irrigation pipeline; and 
(4) appurtenant facilities. The proposed project would have an 
estimated annual generation of up to 17.5 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 Kyle Kembel Farm Irrigation 
Hydropower Project will not alter the primary purpose of the conduit, 
which is to transport water for irrigation. Therefore, based upon the 
above

[[Page 31490]]

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 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., CD20-5) 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: May 19, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-11207 Filed 5-22-20; 8:45 am]
BILLING CODE 6717-01-P