

[Federal Register: February 3, 2006 (Volume 71, Number 23)]
[Notices]               
[Page 5830-5831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe06-49]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 
Notice of Application Accepted for Filing, Soliciting Motions To 
Intervene and Protests; Ready for Environmental Analysis, and 
Soliciting Comments, Terms and Conditions, Recommendations, and 
Prescriptions; Paper Scoping and Soliciting Scoping Comments

January 27, 2006.
    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, 5 MW or Less.
    b. Project No.: 12598-002.\1\
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    \1\ The applicant has split its Turnbull Drop Project No. 12539, 
for which it holds a preliminary permit, into the Lower Turnbull 
Drop Project No. 12597 and the Upper Turnbull Drop Project No. 
12598.
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    c. Date Filed: November 28, 2005.
    d. Applicant: Birch Power Company.
    e. Name of Project: Upper Turnbull Drop Hydroelectric Project.
    f. Location: On the Spring Valley Canal, in Teton County, Montana, 
about 4 miles west of Fairfield, Montana. The project would occupy 
lands of the United States administered by the Bureau of Reclamation.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)--825(r).
    h. Applicant Contact: Ted Sorenson, Sorenson Engineering, 5203 
South 11th East, Idaho Falls, ID 83404, (208) 522-8069.
    i. FERC Contact: Dianne Rodman, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426; telephone 
(202) 502-6077 or by e-mail at Dianne.rodman@ferc.gov.
    j. Deadline for Filing Scoping Comments: 30 days from the issuance 
date of this notice; deadline for filing motions to intervene and 
protests, comments, terms and conditions, recommendations, and 
prescriptions: 60 days from the issuance of this notice.
    All documents (original and eight copies) should be filed with: 
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426.
    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.
    Scoping comments, motions to intervene, protests, comments, terms 
and conditions, recommendations, and prescriptions may be filed 
electronically via the Internet in lieu of paper. The Commission 
strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) 
and the instructions on the Commission's Web site (http://www.ferc.gov) 

under the ``e-Filing'' link.
    k. This application has been accepted for filing, and is now ready 
for environmental analysis.
    l. The proposed Upper Turnbull Drop Project would be built at the 
Spring Valley Canal's Upper Turnbull drop structure, which is a 
reinforced concrete structure 1,102 feet long, with a total drop of 
101.6 feet. The applicant proposes to construct: (1) A check structure, 
consisting of a spillway gate panel anchored to a ballast concrete 
structure spanning the full width of the canal floor between new 
concrete abutment walls; (2) an intake structure to divert flows from 
the left side of the canal; (3) 84-inch-diameter, 1,100-feet-long steel 
or polyethylene penstock that would be completely buried; (4) a 
powerhouse containing two horizontal Francis turbines and one generator 
with a rated output of 4.1 MW; (5) a draft tube and tailrace 
discharging flows into the canal about 40 feet downstream of the drop 
structure's existing stilling basin; (6) a 1.3-mile-long, 12.5-kilovolt 
(kV) transmission line; (7) a switchyard; and (8) a 1.7-mile-long, 69-
kV transmission line extending from the switchyard to interconnect with 
an existing Sun River Electric Cooperative transmission line. The 
project would use flows as they are provided in accordance with the 
needs of the Greenfield Irrigation District, which operates the canal. 
The project would not impound water and would be operated strictly as a 
run-of-river plant. Average annual generation would be 10,400,000 
kilowatt-hours.
    m. A copy of the application is available for review at the 
Commission in the Public Reference Room or may be viewed on the 
Commission's Web site 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 Online Support at FERCOnlineSupport@ferc.gov or toll-free at 1-
866-208-3676, or for TTY, (202) 502-8659. A copy is also available for 
inspection and reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filings/esubscription.asp
 to be notified via e-mail of new filings and 

issuances related to this or other pending projects. For assistance, 
contact FERC Online Support.
    n. Any qualified applicant desiring to file a competing application 
must submit to the Commission on or before the specified deadline date 
for the particular application, a competing development application, or 
a notice of intent to file such an application. Submission of a timely 
notice of intent allows an interested person to file the competing 
development application no later than 120 days after the specified 
deadline date for the particular application. Applications for 
preliminary permits will not be accepted in response to this notice.
    A notice of intent must specify the exact name, business address, 
and telephone number of the prospective applicant, and must include an 
unequivocal statement of intent to submit, if such an application may 
be filed, either a preliminary permit application or a development 
application (specify which type of application). A notice of intent 
must be served on the applicant(s) named in this public notice.
    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, 385.211, and 385.214. 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.
    The Commission directs, pursuant to section 4.34(b) of the 
Regulations (see

[[Page 5831]]

Order No. 533 issued May 8, 1991, 56 FR 23108, May 20, 1991) that all 
comments, recommendations, terms and conditions, and prescriptions 
concerning the application be filed with the Commission within 60 days 
from the issuance date of this notice. All reply comments must be filed 
with the Commission within 105 days from the date of this notice.
    All filings must (1) bear in all capital letters the title 
``PROTEST,'' ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE 
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``COMMENTS,'' 
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or 
``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. Scoping Process: The Commission intends to prepare an 
Environmental Assessment (EA) on the project in accordance with the 
National Environmental Policy Act.\2\ The EA will consider both site-
specific and cumulative environmental impacts and reasonable 
alternatives to the proposed action.
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    \2\ One EA will be prepared for the Upper Turnbull Drop Project 
and two other projects proposed to be constructed on nearby canals, 
the Lower Turnbull Drop Project No. 12597 and the Mill Coulee Drops 
Project No. 12599.
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    Commission staff does not propose to conduct any on-site scoping 
meetings at this time. Instead, we will solicit comments, 
recommendations, information, and alternatives in the Scoping Document 
(SD).\3\
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    \3\ One SD has been prepared for the Upper Turnbull Drop 
Project, the Lower Turnbull Drop Project, and the Mill Coulee Drops 
Project.
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    Copies of the SD outlining the subject areas to be addressed in the 
EA were distributed to the parties on the Commission's mailing list. 
Copies of the SD may be viewed on the Web at http://www.ferc.gov using 

the ``eLibrary'' link (see item m above).

Magalie R. Salas,
Secretary.
 [FR Doc. E6-1444 Filed 2-2-06; 8:45 am]

BILLING CODE 6717-01-P
