

[Federal Register: June 6, 2007 (Volume 72, Number 108)]
[Notices]               
[Page 31318-31319]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn07-83]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12796-000, Project No. 12797-000, Project No. 12801-000]

 
City of Wadsworth, OH, Rathgar Development Associates, LLC, 
Kentucky Municipal Power Agency; Notice of Competing Applications 
Accepted for Filing and Soliciting Comments, Motions To Intervene, and 
Protests

May 30, 2007.
    Take notice that the following hydroelectric applications have been 
filed with the Commission and are available for public inspection:
    a. Type of Applications: Preliminary Permit (Competing).
    b. Applicants, Project Numbers, and Dates Filed:
    City of Wadsworth, Ohio, filed the application for Project No. 
12796-000 on April 24, 2007.
    Rathgar Development Associates, LLC filed the application for 
Project No.12797-000 on April 26, 2007.
    Kentucky Municipal Power Agency filed the application for Project 
No.12801-000 on May 18, 2007.
    c. Name of the project is Robert C. Byrd Dam Project. The project 
would be located on the Ohio River in Mason County, West Virginia, and 
Gallia County, Ohio. It would use the U.S. Army Corps of Engineers' 
existing Robert C. Byrd Dam.
    d. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    e. Applicants Contacts: For the City of Wadsworth, Ohio: Mr. 
Phillip E. Meier, Chief Information Officer, American Municipal Power--
Ohio, 2600 Airport Road, Columbus, OH 43219, (614) 416-8135. Rathgar 
Development Associates, LLC: Mr. Paul V. Nolan, Esquire, 5515 North 
17th Street, Arlington, VA 22205, (703) 534-5509. For the Kentucky 
Municipal Power Agency: Francis E. Francis, Esquire, Spiegel and 
McDiarmid, 1333 New Hampshire Avenue, Washington, DC 20036, (202) 879-
4000.
    f. FERC Contact: Robert Bell, (202) 502-6062.
    g. Deadline for filing comments, protests, and motions to 
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with: 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426. Comments, protests, and interventions may be 
filed electronically via the Internet in lieu of paper; see 18

[[Page 31319]]

CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web 
site under the ``e-Filing'' link. The Commission strongly encourages 
electronic filings. Please include the project number (P-12796-000, P-
12797-000, or P-12801-000) on any comments or motions filed.
    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 in 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.
    h. Description of Projects: The project proposed by the City of 
Wadsworth, Ohio, would utilize the U.S. Army Corps of Engineers' 
existing Robert C. Byrd Dam and consist of: (1) A proposed intake 
structure, (2) a proposed powerhouse containing two generating units 
with a total installed capacity of 48 megawatts, (3) a proposed 138 kV 
transmission line, and (4) appurtenant facilities. The City of 
Wadsworth's, project would have an average annual generation of 247 
gigawatt-hours.
    The project proposed by Rathgar Development Associates, LLC would 
utilize the U.S. Army Corps of Engineers' Robert C. Byrd Dam and 
consist of: (1) A proposed intake structure, (2) a proposed powerhouse 
containing eight generating units with a total installed capacity of 46 
megawatts, (4) a proposed 8,200-foot-long, 138-kV transmission line, 
and (5) appurtenant facilities. Rathgar Development Associates, LLC's 
project would have an average annual generation of 220 gigawatt-hours.
    The project proposed by the Kentucky Municipal Power Agency would 
utilize the U.S. Army Corps of Engineers' Robert C. Byrd Dam and 
consist of: (1) A proposed intake structure, (2) a proposed powerhouse 
containing two generating units with a total installed capacity of 44 
megawatts, (3) a proposed 1.7-mile-long, 138 kV transmission line, and 
(4) appurtenant facilities. The Kentucky Municipal Power Agency's 
project would have an average annual generation of 212 gigawatt-hours.
    i. The filings are 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, call toll-free 1-866-208-3676 or 
e-mail FERCONLINESUPPORT@FERC.GOV. For TTY, call (202) 502-8659. A copy 
is also available for inspection and reproduction at the address in 
item e above.
    j. Competing Preliminary Permit: Anyone desiring to file a 
competing application for preliminary permit for a proposed project 
must submit the competing application itself, or a notice of intent to 
file such an application, to the Commission on or before the specified 
comment date for the particular application (see 18 CFR 4.36). 
Submission of a timely notice of intent allows an interested person to 
file the competing preliminary permit application no later than 30 days 
after the specified comment date for the particular application. A 
competing preliminary permit application must conform with 18 CFR 
4.30(b) and 4.36.
    k. Competing Development Application: Any qualified development 
applicant desiring to file a competing development application must 
submit to the Commission, on or before a specified comment date for the 
particular application, either a competing development application or a 
notice of intent to file such an application. Submission of a timely 
notice of intent to file a development application allows an interested 
person to file the competing application no later than 120 days after 
the specified comment date for the particular application. A competing 
license application must conform with 18 CFR 4.30(b) and 4.36.
    l. Notice of Intent: 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.
    m. Proposed Scope of Studies Under Permit: A preliminary permit, if 
issued, does not authorize construction. The term of the proposed 
preliminary permit would be 36 months. The work proposed under the 
preliminary permit would include economic analysis, preparation of 
preliminary engineering plans, and a study of environmental impacts. 
Based on the results of these studies, the Applicant would decide 
whether to proceed with the preparation of a development application to 
construct and operate the project.
    n. 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. 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.
    o. Filing and Service of Responsive Documents: Any filings must 
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT 
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'', 
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the 
Project Number of the particular application to which the filing 
refers. Any of the above-named documents must be filed by providing the 
original and the number of copies provided by the Commission's 
regulations to: The Secretary, Federal Energy Regulatory Commission, 
888 First Street, NE., Washington, DC 20426. An additional copy must be 
sent to Director, Division of Hydropower Administration and Compliance, 
Federal Energy Regulatory Commission, at the above-mentioned address. A 
copy of any notice of intent, competing application or motion to 
intervene must also be served upon each representative of the Applicant 
specified in the particular application.
    p. Agency Comments: Federal, State, and local agencies are invited 
to file comments on the described application. A copy of the 
application may be obtained by agencies directly from the Applicant. If 
an agency does not file comments within the time specified for filing 
comments, it will be presumed to have no comments. One copy of an 
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-10808 Filed 6-5-07; 8:45 am]

BILLING CODE 6717-01-P
