[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Notices]
[Pages 45311-45312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16181]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD22-8-000]


Scott and Kathy Siebe; Notice of Preliminary Determination of a 
Qualifying Conduit Hydropower Facility and Soliciting Comments and 
Motions To Intervene

    On July 12, 2022, as supplemented on July 20, 2022, Wallowa 
Resources Community Solutions, Inc., on behalf of Scott and Kathy 
Siebe, filed a notice of intent to construct a qualifying conduit 
hydropower facility, pursuant to section 30 of the Federal Power Act 
(FPA). The Siebe Ranch Hydropower Project would have an installed 
capacity of 2 kilowatts (kW), and would be located along an irrigation 
pipeline in Enterprise, Wallowa County, Oregon.
    Applicant Contact: Joe Basile, 401 NE 1st St., Suite A, Enterprise, 
OR 97828, 541-561-4426, [email protected].
    FERC Contact: Christopher Chaney, 202-502-6778, 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The project 
would consist of: (1) an approximately 10-foot by 12-foot powerhouse 
containing three Pelton units with a combined capacity of 2 kW, and (2) 
appurtenant facilities. The proposed project would have an estimated 
annual generation of approximately 16,000 kilowatt-hours.
    The project discharges water to Siebe Creek, a natural body of 
water. Because the discharge would not be withdrawn downstream by part 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).
    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 proposed Siebe Ranch Hydropower 
Project will not alter the primary purpose of the conduit, which is to 
transport water for irrigation. 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.
    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 (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 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

[[Page 45312]]

(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., CD22-8) 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: July 22, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-16181 Filed 7-27-22; 8:45 am]
BILLING CODE 6717-01-P