

[Federal Register: September 12, 2007 (Volume 72, Number 176)]
[Notices]               
[Page 52099-52100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se07-73]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-432-113]

 
Progress Energy Carolinas, Inc.; Notice of Application for 
Temporary Amendment of License and Soliciting Comments, Motions to 
Intervene, and Protests

August 31, 2007.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Request for temporary variance of reservoir 
elevation, dissolved oxygen and minimum flow release requirements.
    b. Project No.: 432-113.
    c. Date Filed: August 27, 2007.
    d. Applicant: Progress Energy Carolinas, Inc.
    e. Name of Project: Walters Hydroelectric Project.
    f. Location: On the Pigeon River, in Haywood County, North 
Carolina, just upstream of the State of Tennessee.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Larry Mann, Progress Energy Carolinas Inc., 
179 Tillery Dam Road, Mount Gilead, NC 27306, (910) 439-5211 extension 
1202.
    i. FERC Contact: Andrea Claros, (202) 502-8171; e-mail: 
andrea.claros@ferc.gov.

    j. Deadline for filing comments, motions to intervene and protests: 
October 1, 2007.
    Please include the project number (P-432) on any comments or 
motions filed. All documents (original and eight copies) should be 
filed with: Kimberly D. Bose, 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 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.
    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. A copy 
of any motion to intervene must also be served upon each representative 
of the Applicant specified in the particular application.
    k. Description of Request: Progress Energy Carolinas is requesting 
a temporary variance of the requirements for lake level, dissolved 
oxygen and minimum flow. Due to persistent drought conditions in the 
project area and the need to maintain a minimum reservoir elevation to 
prevent erosion of dioxin laden lake sediments, Progress Energy 
requests that it be allowed to reduce flow releases below the minimum 
flow requirement of 100 cubic feet per second if the Walters Lake 
reaches an elevation of 2234 feet, and to stop all releases from the 
powerhouse if Walters Lake reaches elevation 2232 feet. Only flows from 
Big Creek, the 12 mile bypassed reach of the Pigeon River, and other 
small tributaries will provide flow. Progress Energy proposes to resume 
minimum flow releases when Walters Lake is at and above an elevation of 
2236 feet. The licensee proposes to limit complete shutdown of flow 
releases to periods not to exceed 7 days at elevation above 2232 feet. 
Progress Energy has consulted with Tennessee Wildlife Resources Agency 
and the North Carolina Department of Environment and Natural Resources. 
These agencies concur with the request. On August 31, 2007, the 
Commission granted the licensee's requests, but reserved authority to 
require changes in project operation based upon comments received from 
this notice.
    l. Location of the Application: The filing is available for 
inspection and reproduction at the Commission's Public Reference Room, 
located at 888 First Street, NE., Room 2A, Washington, DC 20426 or by 
calling (202) 502-8371, or by calling (202) 502-8371. This filing may 
also be viewed on the Commission's Web site at http://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/docsfiling/esubscription.asp to 

be notified via e-mail or new filings and issuances related to this or 
other pending projects. For assistance, call 1-866-208-3676 or email 
ferconlinesupport@ferc.gov, for TTY, call (202) 502-8659. A copy is 

also available for inspection and reproduction at the address in item 
(h) above.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.

[[Page 52100]]

    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, 
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.
    o. Any filing must bear in all capital letters the title 
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, 
and the Project Number of the particular application to which the 
filing refers.
    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.
    q. Comments, protests and interventions may be filed electronically 
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and 
the instructions on the Commission's Web site at http://www.ferc.gov 

under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-17924 Filed 9-11-07; 8:45 am]

BILLING CODE 6717-01-P
