
[Federal Register: September 3, 2009 (Volume 74, Number 170)]
[Notices]               
[Page 45623-45624]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se09-37]                         

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 3041-004; 13382-000]

 
Mackay Bar Corporation; Notice of Application Accepted for 
Filing, Soliciting Motions To Intervene and Protests, Ready for 
Environmental Analysis, and Soliciting Comments, Recommendations, and 
Terms and Conditions

August 27, 2009.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:

    a. Type of Application: Surrender of License and Conduit Exemption.
    b. Project Nos.: 3041-004 & 13382-000.
    c. Date Filed: April 28, 2008.
    d. Applicant: Mackay Bar Corporation.
    e. Name of Project: Hettinger Hydroelectric Project.
    f. Location: On an irrigation system at Hettinger Ranch, on Smith 
Creek. in Idaho County, Idaho.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ms. Yvonne Goundry, General Manager, Mackay 
Bar Corporation, P.O. Box 7968, Boise, Idaho 83707, phone (208) 336-
0150.
    i. FERC Contact: Robert Bell, (202) 502-6062.
    j. Status of Environmental Analysis: The surrender request in the 
application is ready for environmental analysis at this time. The 
Commission is requesting comments, reply comments, and recommendations 
for both the Surrender request and the Conduit Exemption requests. The 
Commission is also requesting terms and conditions for the Conduit 
Exemption request.
    k. Deadline for filing responsive documents: The Commission 
directs, pursuant to section 4.34(b) of the Regulations (see Order No. 
533, issued May 8, 1991, 56 FR 23108, May 20, 1991) that all comments, 
motions to intervene, protests, recommendations, terms and conditions, 
and prescriptions concerning the application be filed within 60 days 
from the issuance date of this notice. All reply comments are due 105 
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. 
Please include the project numbers (P-3041-004 & 13382-000) 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 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 a particular application.
    l. Description of Request: We consider the application filed on 
April 28, 2008, as consisting of two requests: A surrender of license 
application under P-3041 and a conduit exemption application under P-
13382.
    a. Surrender of license: The applicant proposes to surrender the 
license for the Hettinger Hydroelectric Project No. 3041. The applicant 
proposes to decommission and remove the following project facilities: 
Powerhouse, disconnect penstock, disconnect exhaust pipe, and intake. 
The project's powerhouse will be relocated and used for the conduit 
exemption project described in section (b) below. The applicant 
proposes to restore the site following removal of the facilities.
    b. Conduit Exemption: The applicant proposes a conduit exemption 
for the Hettinger Hydroelectric Project No. 13382-000. The proposed 
project would be located on its irrigation system in Idaho County, 
Idaho, and would consist of: A new intake structure, a penstock, a 
powerhouse containing one generating unit having an installed capacity 
of 17.9 kilowatts, and appurtenant facilities. The applicant consulted 
with Federal, State, local agencies, and other parties with potential 
interest, during the conduit exemption application process. The Idaho 
Department of Fish and Game has already provided its terms and 
conditions on May 27, 2008, however, they were filed under Project No. 
3041. On October 30, 2008, we issued a public notice of the Conduit 
Exemption application soliciting comments, motions to intervene and 
competing applications. In this notice we are only soliciting ``Terms 
and Conditions''.
    m. Locations of the Application: A copy of the application 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://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. You may also 
register online at http://www.ferc.gov/docs-filing/esubscription.asp to 
be notified via e-mail of 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.
    n. Mailing list: Individuals desiring to be included on the 
Commission's mailing list should so indicate by writing to the 
Secretary of the Commission.
    o. 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 (see item (j) above).
    p. Filing and Service of Responsive Documents: All filings must: 
(1) For the Surrender of License Request: Bear in all

[[Page 45624]]

capital letters the title ``PROTEST'', ``MOTION TO INTERVENE'', 
``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' or in the case 
of the Conduit Exemption request ``TERMS AND CONDITIONS''; (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, motions to intervene or protests must 
set forth their evidentiary basis and otherwise comply with the 
requirements of 18 CFR 4.34(b). All comments, motions to intervene or 
protests should relate to project works which are the subject of the 
license surrender. Agencies may obtain copies of the application 
directly from the applicant. A copy of any protest or motion to 
intervene must be served upon each representative of the applicant 
specified in the particular application. If an intervener 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 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.
    q. e-Filing: Comments, motions to intervene, protests, 
recommendations, or terms and conditions 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. The Commission strongly encourages 
electronic filings.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-21238 Filed 9-2-09; 8:45 am]

BILLING CODE 6717-01-P
