
[Federal Register: February 25, 2008 (Volume 73, Number 37)]
[Notices]               
[Page 10011-10012]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe08-52]                         

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12954-000]

 
David Terry Hydro, LLC; Notice of Application Accepted for Filing 
and Soliciting Motions To Intervene, Protests, and Comments

February 19, 2008.
    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.: 12954-000.
    c. Date Filed: August 14, 2007.
    d. Applicant: David Terry Hydro, LLC.
    e. Name of Project: David D. Terry Lock and Dam Hydroelectric 
Project.
    f. Location: Arkansas River in Pulaski County, Arkansas. It would 
use the U.S. Army Corps of Engineers' David D. Terry Lock and Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Brent L. Smith, COO, Symbiotics, LLC, 
P.O. Box 535, Rigby, ID 83442, (208) 745-0834.
    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-12954-000) 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 using the U.S. Army 
Corps of Engineers' David D. Terry Lock and Dam and operated in a run-
of-river mode would consist of: (1) A new powerhouse and switchyard; 
(2) four turbine/generator units with a combined installed capacity of 
90 megawatts; (3) a new 4-mile-long above ground 69-kilovolt 
transmission line extending from the switchyard to an interconnection 
point with the local utility's distribution system; and (4) appurtenant 
facilities. The proposed David D. Terry Lock and Dam Project would have 
an average annual generation of 300 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

[[Page 10012]]

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, .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.
    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.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-3440 Filed 2-22-08; 8:45 am]

BILLING CODE 6717-01-P
