[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70136-70137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24456]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD21-2-2000]


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

    On October 23, 2020, Heart Mountain Irrigation District filed a 
notice of intent to construct a qualifying conduit hydropower facility, 
pursuant to section 30 of the Federal Power Act (FPA). The proposed 
Ralston Lateral Hydrokinetic Project would have an installed capacity 
of 10 kilowatts (kW), and would be located in an existing irrigation 
lateral in Powell, Park County, Wyoming.
    Applicant Contact: Tyler Weckler, District Manager, 1206 Rd 18, 
Powell, Wyoming 82435, Phone No. (307) 754-4685, 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) One 10-kW hydrokinetic module; and (2) 
appurtenant facilities. The proposed project would have an estimated 
annual generation of approximately 44 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
------------------------------------------------------------------------
      Statutory provision              Description       Satisfies (Y/N)
------------------------------------------------------------------------
FPA 30(a)(3)(A)................  The conduit the                      Y
                                  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).............  The facility is                      Y
                                  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)............  The facility has an                  Y
                                  installed capacity
                                  that does not exceed
                                  40 megawatts.
FPA 30(a)(3)(C)(iii)...........  On or before August 9,               Y
                                  2013, the facility is
                                  not licensed, or
                                  exempted from the
                                  licensing
                                  requirements of Part
                                  I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: The proposed Ralston Lateral 
Hydrokinetic Project will not alter the primary purpose of the conduit, 
which is used to distribute water for agricultural irrigation. 
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 (2020).
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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, you may send a 
paper copy. Submissions sent via the U.S. Postal Service must be

[[Page 70137]]

addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory 
Commission, 888 First Street NE, Room 1A, Washington, DC 20426. 
Submissions sent via any other carrier must be addressed to: Kimberly 
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins 
Avenue, Rockville, MD 20852. 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 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., CD21-2) 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: October 29, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-24456 Filed 11-3-20; 8:45 am]
BILLING CODE 6717-01-P