[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