[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Pages 21508-21509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06558]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 5737-032]
Santa Clara Valley Water District; Notice of Application for
Surrender of Exemption Accepted for Filing, Soliciting Comments,
Motions To Intervene, and Protests
Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
a. Application Type: Surrender of Exemption.
b. Project No.: 5737-032.
c. Date Filed: February 20, 2024.
d. Applicant: Santa Clara Valley Water District.
e. Name of Project: Anderson Dam Hydroelectric Project.
f. Location: The project is located on Coyote Creek in Santa Clara
County, California. The project does not occupy any federal lands.
g. Filed Pursuant to: Public Utility Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708.
h. Applicant Contact: Ryan McCarter, Santa Clara Valley Water
District, 5750 Almaden Expressway, San Jose, CA 95118,
[email protected], (408) 630-2983.
i. FERC Contact: Jennifer Ambler, (202) 502-8586,
[email protected].
j. Cooperating agencies: With this notice, the Commission is
inviting federal, state, local, and Tribal agencies with jurisdiction
and/or special expertise with respect to environmental issues affected
by the proposal, that wish to cooperate in the preparation of any
environmental document, if applicable, to follow the instructions for
filing such requests described in item l below. Cooperating agencies
should note the Commission's policy that agencies that cooperate in the
preparation of any environmental document cannot also intervene. See 94
FERC ] 61,076 (2001).
k. Water Quality Certification: The applicant must file no later
than 60 days following the date of issuance of this notice: (1) a copy
of the water quality
[[Page 21509]]
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.
l. Deadline for filing comments, motions to intervene, and
protests: April 22, 2024.
The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests 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
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first
page of any filing should include the docket number P-5737-032.
Comments emailed to Commission staff are not considered part of the
Commission record.
The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears 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.
m. Description of Request: Santa Clara Valley Water District
(Valley Water), exemptee for the Anderson Dam Hydroelectric Project
located on Coyote Creek in Santa Clara County, California, proposes to:
(1) drawdown the Anderson reservoir to perform a seismic retrofit of
the dam which would include removing Anderson Dam in stages and
rebuilding the dam and spillway to meet Federal Energy Regulatory
Commission and California Department of Water Resources Division of
Safety of Dams public safety requirements, (2) decommission the
hydroelectric facility, (3) implement conservation measures downstream
of the dam on Coyote Creek, and (4) surrender the hydroelectric project
exemption. Valley Water anticipates construction to retrofit the dam
would take approximately seven years to complete and proposes to start
construction in 2026. Valley Water also proposes various environmental
monitoring plans, site restoration activities, and mitigation measures
including improvements to Ogier Ponds and enhancements to the fish
passage facilities at the Coyote Percolation Dam located downstream and
outside of the Anderson Dam Hydroelectric Project on Coyote Creek that
would take additional time to complete. In the application, Valley
Water discusses how the project exemption, and therefore the
Commission's jurisdiction over the project, would remain until the
Commission finds the seismic retrofit construction complete and all
conditions of any surrender order are met. Valley Water would continue
to maintain Anderson Reservoir and the rebuilt dam after exemption
surrender and proposes to implement Phase 1 flow releases from the Fish
and Aquatic Habitat Collaborative Effort Agreement.
n. Locations of the Application: This filing may 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. 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, call 1-866-208-3676 or email
[email protected], for TTY, call (202) 502-8659. Agencies may
obtain copies of the application directly from the applicant.
o. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
p. Comments, Protests, or Motions to Intervene: 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,
.214, respectively. 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.
q. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (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 commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor 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.
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: March 21, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-06558 Filed 3-27-24; 8:45 am]
BILLING CODE 6717-01-P