[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74611-74612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26473]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD23-3-000]


Oregon Department of Fish and Wildlife; Notice of Preliminary 
Determination of a Qualifying Conduit Hydropower Facility and 
Soliciting Comments and Motions To Intervene

    On November 23, 2022, the Oregon Department of Fish and Wildlife, 
filed a notice of intent to construct a qualifying conduit hydropower 
facility, pursuant to section 30 of the Federal Power Act (FPA). The 
proposed Clackamas Fish Hatchery Hydroelectric Station Project would 
have an installed capacity of 175 kilowatts (kW), and would be located 
along a water supply pipeline at the applicant's fish hatchery in 
Estacada, Clackamas County, Oregon.
    Applicant Contact: Andrew Benjamin, 403 Portway Avenue, Suite 300, 
Hood River, OR 97031, 530-420-6098, [email protected].
    FERC Contact: Christopher Chaney, 202-502-6778, 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The project 
would consist of: (1) a 175-kW turbine generating unit to be installed 
within an existing building, (2) intake and discharge pipes connecting 
to the existing water supply pipeline, and (3) appurtenant facilities. 
The proposed project would have an estimated annual generation of 
approximately 1,000,000 kilowatt-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,                    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 Clackamas Fish Hatchery 
Hydroelectric Station Project will not alter the primary purpose of the 
conduit. Therefore, based upon the above criteria, 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

[[Page 74612]]

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 (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., CD23-3) 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. For assistance, 
call toll-free 1-866-208-3676 or email [email protected]. For 
TTY, call (202) 502-8659.

    Dated: November 30, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-26473 Filed 12-5-22; 8:45 am]
BILLING CODE 6717-01-P