[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80291-80293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25397]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2221-041]


Empire District Electric Company; Notice of Application Accepted 
for Filing, Soliciting Motions To Intervene and Protests, Ready for 
Environmental Analysis, and Soliciting Comments, Recommendations, 
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2221-041.
    c. Date filed: February 28, 2020 and amended on August 28, 2020.
    d. Applicant: Empire District Electric Company (Empire District).
    e. Name of Project: Ozark Beach Hydroelectric Project (Ozark Beach 
Project).
    f. Location: On the White River near the Town of Forsyth, in Taney 
County, Missouri. The project occupies 5.1 acres of United States lands 
administered by the U.S. Army Corps of Engineers (Corps).
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Randy Richardson, Plant Manager, Empire 
District Electric Company, 2537 Fir Road, Sarcoxie, MO 64862, (417) 
625-

[[Page 80292]]

6138 or [email protected].
    i. FERC Contact: Colleen Corballis at [email protected] or 
(202) 502-8598.
    j. Deadline for filing comments, recommendations, terms and 
conditions, and prescriptions: 60 days from the issuance date of this 
notice; reply comments are due 105 days from the issuance date of this 
notice.
    The Commission strongly encourages electronic filing. Please file 
motions to intervene, protests, comments, recommendations, preliminary 
terms and conditions, and preliminary fishway prescriptions using the 
Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief comments up to 6,000 
characters, without prior registration, using the eComment system at 
https://ferconline.ferc.gov/QuickComment.aspx. 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 submit a paper 
request.
    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, 
Maryland 20852. All filings must clearly identify the project name and 
docket number on the first page: Ozark Beach Hydroelectric Project (P-
2221-041).
    The Commission's Rules of Practice require all intervenors filing 
documents with the Commission to serve a copy of that document on each 
person on the official service list for the project. Further, if an 
intervenor files comments or documents with the Commission relating to 
the merits of an issue that may affect the responsibilities of a 
particular resource agency, they must also serve a copy of the document 
on that resource agency.
    k. This application has been accepted for filing and is now ready 
for environmental analysis.
    The Council on Environmental Quality (CEQ) issued a final rule on 
April 20, 2022, revising the regulations under 40 CFR parts 1502, 1507, 
and 1508 that federal agencies use to implement the National 
Environmental Policy Act (NEPA) (see National Environmental Policy Act 
Implementing Regulations Revisions, 87 FR 23,453-70). The final rule 
became effective on May 20, 2022. Commission staff intends to conduct 
its NEPA review in accordance with CEQ's new regulations.
    The Ozark Beach Project consists of the following existing 
facilities: (1) a 2,312-acre reservoir (Lake Taneycomo) with a gross 
storage capacity of 24,640 acre-feet and a usable storage capacity of 
2,840 acre-feet at a water surface elevation of 701.35 feet National 
Geodetic Vertical Datum of 1929 (NGVD29); (2) a 1,301-foot-long dam 
consisting of, from west to east: (a) a 420-foot-long earth fill 
embankment with a concrete core wall, (b) an 18-foot-long concrete 
overflow spillway topped with a sharp-crested steel weir having a 
compound section, (c) a 575-foot-long, 57-foot-high, concrete overflow 
spillway topped with 32 4-foot-high Obermeyer gates, (d) an 18-foot-
long concrete non-overflow section, (e) an integral 220-foot-long 
reinforced concrete powerhouse, and (f) a 50-foot-long concrete non-
overflow section; (3) a 220-foot-long, 88-foot-wide, 92-foot-high 
reinforced concrete integral powerhouse with an operating head of 48 
feet; (4) trash racks at the entrance to the intakes; (5) two 7,500 
horsepower (5.625 megawatt (MW)) and two 7,200 horsepower (5.400 MW) 
vertical-shaft Francis-type turbines with a total capacity of 29,400 
horsepower (22.050 MW), each coupled to a 4.0 MW generator with a total 
nameplate rating of 16.0 MW; (6) a 445-foot-long, 4,600-volt overhead 
transmission line connected to a three-phase, 4,600 to 161,000 volt 
step-up transformer with a rating of 22,400-kilovolt ampere that 
connects to Empire District's 161,000-volt transmission system; and (7) 
appurtenant facilities.
    The Ozark Beach Project is situated between two multipurpose 
projects owned by the Corps. The Corps' Table Rock Project, which is 
located approximately 22 miles upstream of the Ozark Beach Project, is 
operated in a peaking mode based on regional electrical demand 
requirements. The Ozark Beach Project discharges directly into the 
Corps' Bull Shoals Project reservoir, which is located immediately 
downstream. Using the storage in Lake Taneycomo, the Ozark Beach 
Project is currently operated based on various conditions including 
closely matching the releases of the Corps' upstream Table Rock 
Project, market pricing, Lake Taneycomo water level, the water level of 
the Corps' downstream Bull Shoals Project, and rainfall. The project 
currently operates to maintain water surface elevations between 701.35 
and 700.00 feet NGVD29 in Lake Taneycomo. The Ozark Beach Project 
currently has an estimated annual energy production of about 50,768 
megawatt-hours (MWh).
    In its amended application, Empire District proposes to replace the 
existing 4-foot-high Obermeyer gates with new 5.15-foot-high Obermeyer 
gates. As proposed, the water surface elevation of Lake Taneycomo would 
be raised from 701.35 to 702.5 feet NGVD29 when the 5.15-foot gates are 
fully raised. At a water surface elevation of 702.5 feet NGVD29, Lake 
Taneycomo would increase from 2,312 to 2,398 acres, its gross storage 
capacity would increase from 24,640 to 25,790 acre-feet, and its usable 
storage capacity would increase from 2,840 to 3,990 acre-feet. As 
amended, the project would operate between 702.5 and 700.0 feet NGVD29, 
the total generating capacity would remain 16.0 MW, and the estimated 
annual energy production would increase from 50,768 to 51,980 MWh.
    The current project boundary for the project encompasses 
approximately 8,271 acres of water and land. Empire District proposes 
to modify the current project boundary by removing 5,959 acres for a 
proposed project boundary that encompasses 2,475 acres. Empire 
District's proposal would increase the existing area of federal land 
occupied by the project from 5.1 acres to 5.47 acres.
    m. A copy of the application can be viewed on the Commission's 
website at http://www.ferc.gov using the ``eLibrary'' link. Enter the 
docket number excluding the last three digits in the docket number 
field to access the document. For assistance, contact FERC at 
[email protected] or call toll free, (886) 208-3676 or TTY 
(202) 502-8659.
    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. For assistance, contact FERC 
Online Support.
    n. Anyone may submit comments, a protest, or a motion to intervene 
in accordance with the requirements of Rules of Practice and Procedure, 
18 CFR 385.210, .211, and .214. In determining the appropriate action 
to take, the Commission will consider all protests or other comments 
filed, but only those who file a motion to intervene in accordance with 
the Commission's Rules may become a party to the proceeding. Any 
comments, protests, or motions to intervene must be received on or 
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title 
``PROTEST'', ``MOTION

[[Page 80293]]

TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' 
``PRELIMINARY TERMS AND CONDITIONS,'' or ``PRELIMINARY FISHWAY 
PRESCRIPTIONS;'' (2) set forth in the heading the name of the applicant 
and the project number of the application to which the filing responds; 
(3) furnish the name, address, and telephone number of the person 
protesting or intervening; and (4) otherwise comply with the 
requirements of 18 CFR 385.2001 through 385.2005. All comments, 
recommendations, terms and conditions or prescriptions must set forth 
their evidentiary basis and otherwise comply with the requirements of 
18 CFR 4.34(b). Agencies may obtain copies of the application directly 
from the applicant. A copy of any protest or motion to intervene must 
be served upon each representative of the applicant specified in the 
particular application. 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 4.34(b) and 385.2010.
    o. Procedural schedule: The application will be processed according 
to the following schedule. Revisions to the schedule will be made as 
appropriate.

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                  Milestone                           Target date
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Deadline for Filing Protest, Motion to         January 2024
 Intervene, Comments, Recommendations,
 Preliminary Terms and Conditions, and
 Preliminary Fishway Prescriptions.
Deadline for Filing Reply Comments...........  February 2024
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    p. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.
    q. The license applicant must file no later than 60 days following 
the date of issuance of this notice: (1) a copy of the water quality 
certification; (2) a copy of the request for certification, including 
proof of the date on which the certifying agency received the request; 
or (3) evidence of waiver of water quality certification. Please note 
that the certification request must comply with 40 CFR 121.5(b), 
including documentation that a pre-filing meeting request was submitted 
to the certifying authority at least 30 days prior to submitting the 
certification request. Please note that the certification request must 
be sent to the certifying authority and to the Commission concurrently.
    r. The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202)502-6595 or [email protected].

    Dated: November 9, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-25397 Filed 11-16-23; 8:45 am]
BILLING CODE 6717-01-P