

[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Notices]               
[Page 72702-72703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de07-71]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13056-000]

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

December 14, 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.: 13056-000.
    c. Date Filed: November 5, 2007.
    d. Applicant: BPUS Generation Development, LLC.
    e. Name of Project: Buckhorn Lake Dam Hydroelectric Project.
    f. Location: The project would be located on the Middle Fork of the 
Kentucky River in Perry County, Kentucky. It would use the U.S. Army 
Corps of Engineers' Buckhorn Lake 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, and Mr. John A. Whittaker, IV, Winston & Strawn, 
LLP, 1700 K Street, NW., Washington, DC 20006-3817, (202) 282-5766.
    i. FERC Contact: Kelly Houff, (202) 502-6393.
    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: 
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-13056-000) 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.
    k. Description of Project: The proposed project would use the U.S. 
Army Corps of Engineers' Buckhorn Lake Dam and would consist of: (1) A 
proposed forebay and intake structure located upstream of the western 
abutment of the dam; (2) a proposed steel lined power tunnel; (3) a 
proposed powerhouse, containing two turbine/generator units with a 
total installed capacity of 7.8 megawatts; (4) a tailrace channel; (5) 
a new 2.5-mile-long 12.5 to 230 kV transmission line and, (6) 
appurtenant facilities. The proposed project would have an average 
annual generation of 19.2 gigawatt-hours, which would be sold to a 
local utility.
    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

[[Page 72703]]

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. E7-24764 Filed 12-20-07; 8:45 am]

BILLING CODE 6717-01-P
