[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]


-----------------------------------------------------------------------

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