
[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Notices]               
[Page 702]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja09-32]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-349-158; P-2407-126]

 
Alabama Power Company; Notice of Application for Temporary 
Amendment of License and Soliciting Comments, Motions To Intervene, and 
Protests

December 30, 2008.
    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 drought-based temporary 
variance of the Martin Project rule curve and minimum flow releases at 
the Yates and Thurlow Project.
    b. Project Nos.: 349-158 and 2407-126.
    c. Date Filed: December 29, 2008.
    d. Applicant: Alabama Power Company.
    e. Name of Projects: Martin Hydroelectric Project (P-349) and Yates 
and Thurlow Hydroelectric Project (P-2407).
    f. Location: The Martin Dam Project is located on the Tallapoosa 
River in the counties of Coosa, Elmore and Tallapoosa, Alabama. The 
Yates and Thurlow Project is located on the Tallapoosa River in the 
counties of Tallapoosa and Elmore Counties, Alabama.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Jim Crew, Alabama Power Company, P.O. Box 
2641, Birmingham, Alabama 35291, Tel: (205) 257-4265.
    i. FERC Contact: Ms. Rachel Price, (202) 502-8907; e-mail: 
rachel.price@ferc.gov.
    j. Deadline for filing comments, motions to intervene and protests: 
January 30, 2009.
    Please include the project numbers (P-349-158 and P-2407-126) on 
any comments or motions filed. All documents 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, 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. In lieu of electronic filing, an original and eight 
copies of all documents may be mailed to the Secretary at the address 
above.
    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: Alabama Power is requesting a drought-
based temporary variance to the Martin Project rule curve. The rule 
curve variance would be in effect from the date of Commission approval 
to May 1, 2009, and would include: (1) Maintaining a winter pool 
elevation 3 feet higher than normal, at elevation 483 feet instead of 
elevation 480 feet; (2) maintaining the winter pool elevation earlier 
than normal, upon Commission approval; (3) initiating the filling 
process earlier than normal, beginning January 15th instead of February 
17th; and (4) reaching and maintaining summer pool elevation earlier 
than normal, beginning April 1st rather than April 29th. In association 
with the Martin rule curve variance, the minimum flows from the Thurlow 
reservoir (P-2407) would be temporarily modified as follows until May 
1, 2009: (1) Discharge would be no less than 350 cubic feet per second 
(cfs) until the Martin Reservoir elevation reaches the existing rule 
curve; (2) when the reservoir elevation is at or above the existing 
rule curve but below the temporary rule curve, Alabama Power would 
discharge the greater of 350 cfs or inflow at the upstream Heflin gage; 
and (3) when Martin Reservoir elevation is at or above the temporary 
rule curve, Alabama Power would discharge no less than 1,200 cfs from 
Thurlow.
    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. 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 vial e-
mail or new filings and issuances related to this or other pending 
projects. For assistance, call 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. 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, 
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. E8-31436 Filed 1-6-09; 8:45 am]

BILLING CODE 6717-01-P
