[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34681-34682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12217]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD22-7-000]


Springfield Water and Sewer Commission; Notice of Preliminary 
Determination of a Qualifying Conduit Hydropower Facility and 
Soliciting Comments and Motions To Intervene

    On May 17, 2022, the Springfield Water and Sewer Commission, filed 
a notice of intent to construct a qualifying conduit hydropower 
facility, pursuant to section 30 of the Federal Power Act (FPA). The 
existing Cobble Mountain Hydroelectric Station Project has an installed 
capacity of 33 megawatts (MW) and is located at the end of the 
applicant's Cobble Mountain power tunnel in Granville, Hampden County, 
Massachusetts.\1\
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    \1\ The Commission, in a November 30, 1988 Order Finding 
Licensing of Hydroelectric Project Not Required, found that the 
entire Cobble Mountain Project was built before 1935, does not 
occupy any public lands or reservations of the United States, and 
does not use surplus water or waterpower from a federal government 
dam. City of Springfield, MA, 45 FERC ] 62,178 (1988). The Cobble 
Mountain Hydroelectric Station Project is a component of the project 
addressed in that order.
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    Applicant Contact: Michael A. Swiger, Van Ness Feldman, LLP, 1050 
Thomas Jefferson Street NW, Washington, DC 20007, 202-298-1891, 
[email protected].
    FERC Contact: Christopher Chaney, 202-502-6778, 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The project 
consists of: (1) the approximately 72-feet-long by 53-feet-wide Cobble 
Mountain Hydroelectric Station, containing three vertical Francis units 
with a combined capacity of 33 MW; (2) three steel penstocks of varying 
lengths, but approximately 600 feet long; and (3) appurtenant 
facilities. The proposed project would have an estimated annual 
generation of approximately 20,000 megawatt-hours.
    The project discharges water to the Little River, a natural body of 
water. Because a portion of the discharge would not be withdrawn 
downstream by part of the same water supply system, the applicant 
requests waiver of the discharge requirement under 18 CFR 
4.30(b)(30)(iv).
    The applicant states that it has no current plans for future units. 
As the units continue to age, it will evaluate the costs and benefits 
of maintaining the existing units or possible replacement.\2\
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    \2\ Application at 6.
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    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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              Statutory provision                                 Description                    Satisfies (Y/N)
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FPA 30(a)(3)(A)...............................  The conduit the facility uses is a tunnel,                    Y
                                                 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 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                   Y
                                                 does not exceed 40 megawatts.
FPA 30(a)(3)(C)(iii)..........................  On or before August 9, 2013, the facility is                  Y
                                                 not licensed, or exempted from the licensing
                                                 requirements of Part I of the FPA.
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    Preliminary Determination: The Cobble Mountain Hydroelectric 
Station Project is an existing project. However, as noted above, it has 
not been licensed or exempted from the licensing requirements of Part I 
of the FPA, is under 40 MW, and does not alter the primary purpose of 
the conduit, which is to transport potable water for municipal use. 
Therefore, based upon the above criteria, if the requested discharge 
requirement waiver is granted, Commission staff preliminarily 
determines that the operation of the project described above satisfies 
the requirements for a qualifying conduit hydropower facility, which is 
not required to be licensed or exempted from licensing. However, at 
such time as the applicant plans modifications to the existing project, 
it would need to reapply for a determination that the project satisfies 
the requirements for a qualifying conduit hydropower facility.
    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.\3\ 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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    \3\ 18 CFR 385.2001-2005 (2021).
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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

[[Page 34682]]

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 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., CD22-7) 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. For assistance, 
call toll-free 1-866-208-3676 or email [email protected]. For 
TTY, call (202) 502-8659.

    Dated: June 1, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-12217 Filed 6-6-22; 8:45 am]
BILLING CODE 6717-01-P