

[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Notices]               
[Page 64607-64608]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-56]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12894-000]

 
BPUS Generation Development, LLC; Notice of Application Accepted 
for Filing and Soliciting Motions To Intervene, Protests, and Comments

November 8, 2007.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12894-000.
    c. Date filed: July 30, 2007.
    d. Applicant: BPUS Generation Development, LLC.
    e. Name of Project: Opekiska Lock & Dam Hydroelectric Project.
    f. Location: Monongahela River in Monongalia County, West Virginia. 
It would use the U.S. Army Corps of Engineers' Opekiska Lock & Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jeffrey M. Auser, P.E., BPUS Generation 
Development, LLC, 225 Greenfield Parkway, Suite 201, Liverpool, NY 
13088, (315) 413-2700.
    i. FERC Contact: Robert Bell, (202) 502-4126.
    j. 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: 
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. Please include the project 
number (P-12893-000) 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

[[Page 64608]]

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.
    k. Description of Project: The proposed project using the U.S. Army 
Corps of Engineers' Opekiska Lock & Dam and operated in a run-of-river 
mode would consist of: (1) A new 45-foot long, 160-foot wide, 60-foot 
high concrete powerhouse; (2) a new intake channel and tailrace channel 
on the west side of the river opposite the lock structure; (3) one 
turbine/generator unit with an installed capacity of 10 megawatts; (4) 
a new 4,900-foot long above ground transmission line extending from the 
switchyard near the powerhouse to an interconnection point with an 
existing transmission line northwest of the powerhouse; and (5) 
appurtenant facilities. The proposed Opekiska Lock & Dam Project would 
have an average annual generation of 42 gigawatt-hours.
    l. This filing 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, 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 h above.
    m. 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 
and 4.36.
    n. 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 and 4.36.
    o. 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.
    p. 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.
    q. 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, 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.
    r. 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.
    s. 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. E7-22400 Filed 11-15-07; 8:45 am]

BILLING CODE 6717-01-P
