[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Notices]
[Pages 36804-36805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09604]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7271-002]


Owensboro Municipal Utilities; Notice of Application for 
Surrender of Conduit 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: Application for surrender of conduit 
exemption.
    b. Project No: 7271-002.
    c. Date Filed: April 16, 2024.
    d. Applicant: Owensboro Municipal Utilities.
    e. Name of Project: Elmer Smith Hydroelectric Project.
    f. Location: The project is located at the discharge point of the 
Elmer Smith Generation Station, on the Ohio River in Davies County, 
Kentucky. The project does not occupy any federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Tim Lyons, General Manager, Owensboro 
Municipal Utilities, 270-691-4233.
    i. FERC Contact: Marybeth Gay, (202) 502-6125, 
[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 k 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. Deadline for filing comments, motions to intervene, and 
protests: May 28, 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-7271-002. 
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.
    l. Description of Request: The exemptee requests to surrender the 
exemption for the Elmer Smith Hydroelectric Project. The exemptee 
states that on June 1, 2020, it retired the Elmer Smith Generating 
Station, including its circulating water system. As a result, the 
hydroelectric plant no longer had a water source. Following the plant's 
retirement, the exemptee began decommissioning the station, including 
the removal of electrical equipment within the hydroelectric facility. 
The decommissioning did not result in any adverse impacts to water 
quality or negatively affect environmental, recreational, or historic 
properties. As proposed, the hydroelectric structures would remain in 
place, as well as the plant discharge flume for potential future use. 
The project is fully within the exemptee's property limits, and the 
exemptee intends to maintain ownership of the land for the foreseeable 
future.

[[Page 36805]]

    m. 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.
    n. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    o. 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.
    p. 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.
    q. 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: April 26, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-09604 Filed 5-2-24; 8:45 am]
BILLING CODE 6717-01-P