[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 16002-16003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05290]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD23-7-000]


Emrgy Inc.; Notice of Preliminary Determination of a Qualifying 
Conduit Hydropower Facility and Soliciting Comments and Motions To 
Intervene

    On February 28, 2023, Emrgy Inc., filed a notice of intent to 
construct a qualifying conduit hydropower facility, pursuant to section 
30 of the Federal Power Act (FPA). The proposed Oakdale Hydrokinetic 1 
Project would have an installed capacity of 30 kilowatts (kW) and would 
be located within the Oakdale Lower South Main Canal near Oakdale, 
Stanislaus County, California.
    Applicant Contact: Eric Fleckten, Emrgy Inc., 75 5th Street NW, 
Suite 3160, Atlanta, GA, 30308, 855-459-1818, [email protected].
    FERC Contact: Christopher Chaney, 202-502-6778, 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The project 
would consist of: (1) four 7.5-kW hydrokinetic units spaced 
approximately 250 feet apart and (2) appurtenant facilities. The 
proposed project would have an estimated annual generation of 
approximately 24-39 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 maintained               Y
                                            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 not               Y
                                            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 Oakdale Hydrokinetic 1 
Project will not alter the primary purpose of the conduit, which is for 
irrigation. Therefore, based upon the above criteria, Commission staff 
preliminarily determines that the operation of the project described 
above satisfies the requirements for a

[[Page 16003]]

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 (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., CD23-7) 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: March 9, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-05290 Filed 3-14-23; 8:45 am]
BILLING CODE 6717-01-P