
[Federal Register: July 16, 2008 (Volume 73, Number 137)]
[Notices]               
[Page 40861-40862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy08-65]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 309-062]

 
Brookfield Power Piney & Deep Creek, LLC; Notice of Application 
Accepted for Filing, Soliciting Motions To Intervene and Protests, 
Ready for Environmental Analysis, and Soliciting Comments, 
Recommendations, Terms and Conditions, and Fishway Prescriptions

July 9, 2008.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Amendment of License.
    b. Project No.: 309-062.
    c. Date Filed: January 22, 2008.
    d. Applicant: Brookfield Power Piney & Deep Creek, LLC.
    e. Name of Project: Piney Hydroelectric Project.
    f. Location: The project is located on the Clarion River, in 
Clarion County, Pennsylvania. The project does not occupy any federal 
lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. David Barnhart, West Virginia Production 
Center, P.O. Box 849, Gauley Bridge, WV 25085, (304) 981-6504, and Mr. 
Glen Neiport, Brookfield Power Piney & Deep Creek, LLC, Piney Station, 
2000 River Road, Clarion, PA 16214, (814) 226-8630.
    i. FERC Contact: Kelly Houff, (202) 502-6393, and e-mail 
Kelly.Houff@ferc.gov.
    j. Deadline for filing comments, protests, motions to intervene, 
recommendations, preliminary terms and conditions, and fishway 
prescriptions is due 60 days from the issuance date of this notice; 
reply comments are due 105 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. Please include the project 
number (P-309-062) 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 Request: The existing licensed project consists 
of (1) A 784-foot-long and 125-foot-high concrete arch dam; (2) an 800-
surface-acre reservoir, which operates at a minimum water surface 
elevation of 1,090 feet msl from June 21 through October 31, 1,085 feet 
msl from November 1 through March 31, and 1092.5  0.5 feet 
msl from April 1 through June 20; (3) three 14-foot-diameter penstocks 
between 232 and 300 feet long; and (4) a powerhouse with three 
generating units totaling 29.08 megawatts installed capacity.
    The licensee proposes to amend the license to implement the 
following: (1) To operate the reservoir on non-holiday weekdays from 
June 21 through October 31, between water surface elevations of 1,089 
and 1,093 feet msl, a change from the current reservoir range of 1,090 
and 1,093 feet msl. However, the licensee will maintain a minimum water 
surface elevation in the reservoir no lower than 1,090 feet msl, on 
weekends, where the weekend is defined as between 2400 hours on Friday 
through 2400 hours on Sunday. Additionally, the minimum reservoir 
surface elevation for the July 4 and Labor Day holidays shall be 1,090 
feet msl, where the minimum reservoir level shall start at 1800 hours 
the day before the holiday and end on the holiday at 2400 hours; (2) 
repair, replace or extend the Mill Creek boat launch ramp as necessary 
so it can function at 1,089 feet; and (3) on the fifth anniversary date 
of the license, contribute $100,000 to an interest-bearing account 
(recreational account), whose funds shall be used by the licensee to 
pay for recreational and boating access enhancements that are agreed 
upon as necessary by the Piney Lake Advisory Council. The additional 
one-foot drawdown will increase the average annual generation at the 
project by approximately 675 megawatt hours per year.
    l. Locations of Applications: A copy of the application is 
available for inspection and reproduction at the Commission in the 
Public Reference Room, located at 888 First Street, NE., Room 2A, 
Washington, DC 20426, or by calling (202) 502-8371. This filing may 
also 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 1-866-208-3372 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. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    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.
    Comments, protests, interventions, recommendations, terms and 
conditions, and fishway prescriptions 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 ``e-filing'' link. The 
Commission strongly encourages electronic filing.
    o. Filing and Service of Responsive Documents: All filings must (1) 
Bear in all capital letters the title ``PROTEST,'' ``MOTION TO 
INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' `` 
TERMS AND CONDITIONS,'' or `` FISHWAY PRESCRIPTIONS;'' (2) set forth in 
the heading the name of the applicant and the project number of the 
application to which the filing responds; (3) furnish the name, 
address, and telephone number of the person protesting or intervening; 
and (4) otherwise comply with the requirements of 18 CFR 385.2001 
through 385.2005. All comments, recommendations, terms and

[[Page 40862]]

conditions or prescriptions must set forth their evidentiary basis and 
otherwise comply with the requirements of 18 CFR 4.34(b). All comments, 
recommendations, terms and conditions or prescriptions should relate to 
project works which are the subject of the license amendment.
    Agencies may obtain copies of the application directly from the 
applicant. A copy of all other filings in reference to this application 
must be accompanied by proof of service on all persons listed in the 
service list prepared by the Commission in this proceeding, in 
accordance with 18 CFR 4.34(b) and 385.2010.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-16209 Filed 7-15-08; 8:45 am]

BILLING CODE 6717-01-P
