
[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Notices]               
[Page 26385-26386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn09-44]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12704-002]

 
Tidewalker Associates; Notice of Intent To File License 
Application, Filing of Pre-Application Document, Commencement of 
Licensing Proceeding, Scoping Meetings, Solicitation of Comments on the 
Pad and Scoping Document, and Identification of Issues and Associated 
Study Requests

May 26, 2009.
    a. Type of Filing: Notice of Intent to File License Application for 
a New License and Commencing Licensing Proceeding.
    b. Project No.: 12704-002.
    c. Dated Filed: March 25, 2009.
    d. Submitted By: Tidewalker Associates.
    e. Name of Project: Half Moon Cove Tidal Power Project.
    f. Location: Cobscook Bay, between the City of Eastport and Town of 
Perry, Washington County, Maine. No federal lands are involved.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's 
Regulations.
    h. Potential Applicant Contact: Normand Laberge, Tidewalker 
Associates, 46 Place Cover Road, Trescott, Maine 04652. (207) 733-5513.
    i. FERC Contact: Steve Kartalia, Stephen.kartalia@ferc.gov, (202) 
502-6131.
    j. We are asking federal, state, local, and tribal agencies with 
jurisdiction and/or special expertise with respect to environmental 
issues to cooperate with us in the preparation of the environmental 
document. Agencies who would like to request cooperating status should 
follow the instructions for filing comments described in paragraph o 
below. Cooperating agencies should note the Commission's policy that 
agencies that cooperate in the preparation of the environmental 
document cannot also intervene. See, 94 FERC ] 61,076 (2001).
    k. With this notice, we are initiating informal consultation with: 
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under 
section 7 of the Endangered Species Act and the joint agency 
regulations thereunder at 50 CFR, Part 402; and (b) the State Historic 
Preservation Officer, as required by Section 106, National Historical 
Preservation Act, and the implementing regulations of the Advisory 
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Tidewalker Associates as 
the Commission's non-federal representative for carrying out informal 
consultation, pursuant to Section 7 of the Endangered Species Act and 
Section 106 of the National Historic Preservation Act.
    m. Tidewalker Associates filed a Pre-Application Document (PAD; 
including a proposed process plan and schedule) with the Commission, 
pursuant to 18 CFR 5.6 of the Commission's regulations. The Commission 
issued a Scoping Document on May 26, 2009.
    n. A copy of the PAD and the scoping document are available for 
review at the Commission in the Public Reference Room or may be viewed 
on the Commission's Web site (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, contact FERC Online Support at FERCONlineSupport@ferc.gov 
or toll free at 1-866-208-3676, of for TTY, (202) 502-8659. A copy is 
also available for inspection and reproduction at the address in 
paragraph h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified 
via e-mail of new filing and issuances related to this or other pending 
projects. For assistance, contact FERC Online Support.
    o. With this notice, we are soliciting comments on the PAD and the 
scoping document, as well as study requests. All comments on the PAD 
and the scoping document, and study requests should be sent to the 
address above in paragraph h. In addition, all comments on the PAD and 
the scoping document, study requests, requests for cooperating agency 
status, and all communications to and from Commission staff related to 
the merits of the potential application (original and eight copies) 
must be filed with the Commission at the following address: Kimberly D. 
Bose, Secretary, Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426. All filings with the Commission must 
include on the first page, Half Moon Cove Tidal Power Project) and 
number (P-12704-002), and bear the heading ``Comments on Pre-
Application Document,'' ``Study Requests,'' ``Comments on Scoping 
Document 1,'' ``Request for Cooperating Agency Status,'' or 
``Communications to and from Commission Staff.'' Any individual or 
entity interested in submitting study requests, commenting on the PAD 
or the scoping document, and any agency requesting cooperating status 
must do so by July 23, 2009.
    Comments on the PAD and the scoping document, study requests, 
requests for cooperating agency status, and other permissible forms of 
communications with the Commission may be filed electronically via the 
Internet in lieu of paper. The Commission strongly encourages 
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions 
on the Commission's Web site (http://www.ferc.gov) under the ``e-
filing'' link.
    p. Although our current intent is to prepare an environmental 
assessment (EA), there is the possibility that an Environmental Impact 
Statement (EIS) will be required. Nevertheless, these meetings will 
satisfy the NEPA scoping requirements, irrespective of whether an EA or 
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of 
the project at the time and place noted below. The daytime meeting will 
focus on resource agency, Indian tribes, and non-governmental 
organization concerns, while the evening meeting is primarily for 
receiving input from the public. We invite all interested individuals, 
organizations, and agencies to attend one or both of the meetings, and 
to assist staff in identifying particular study needs, as well as the 
scope of environmental issues to be addressed in the environmental 
document. The times and locations of these meetings are as follows:

Daytime Scoping Meeting

    Date: Wednesday June 24, 2009.
    Time: 10 a.m.
    Location: Marine Trades Center, 16 Deep Cove Road, Eastport, ME.
    Phone: Normand Laberge at (207) 733-5513.

Evening Scoping Meeting

    Date: Wednesday June 24, 2009.
    Time: 7 p.m.
    Location: Marine Trades Center, 16 Deep Cove Road, Eastport, ME.
    Phone: Normand Laberge at (207) 733-5513.
    The scoping document, which outlines the subject areas to be 
addressed in the environmental document, was mailed to the

[[Page 26386]]

individuals and entities on the Commission's mailing list. Copies of 
the scoping document will be available at the scoping meetings, or may 
be viewed on the Web at http://www.ferc.gov, using the ``eLibrary'' 
link. Follow the directions for accessing information in paragraph n. 
Depending on the extent of comments received, Scoping Document 2 may or 
may not be issued.

Site Visit

    Tidewalker Associates will conduct a site visit of the project at 2 
p.m. on Tuesday June 23, 2009. All participants should meet where Old 
Route 190 terminates at the shore on the Eastport end of the proposed 
dam location. See Figure 2 of the scoping document for a map. All 
participants are responsible for their own transportation. Anyone with 
questions about the site visit should contact Normand Laberge.

Scoping Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the 
issues; (2) review and discuss existing conditions and resource 
management objectives; (3) review and discuss existing information and 
identify preliminary information and study needs; (4) review and 
discuss the process plan and schedule for pre-filing activity that 
incorporates the time frames provided for in Part 5 of the Commission's 
regulations and, to the extent possible, maximizes coordination of 
federal, state, and tribal permitting and certification processes; and 
(5) discuss the appropriateness of any federal or state agency or 
Indian tribe acting as a cooperating agency for development of an 
environmental document.
    Meeting participants should come prepared to discuss their issues 
and/or concerns. Please review the PAD in preparation for the scoping 
meetings. Directions on how to obtain a copy of the PAD and the scoping 
document are included in item n of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become 
part of the formal record of the Commission proceeding on the project.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-12698 Filed 6-1-09; 8:45 am]

BILLING CODE 6717-01-P
