
[Federal Register: April 27, 2010 (Volume 75, Number 80)]
[Notices]               
[Page 22123-22125]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap10-44]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12632-002]

 
East Texas Electric Cooperative, Inc.; Notice of Application 
Accepted for Filing, Soliciting Motions To Intervene and Protests, and 
Other Agency Authorizations

April 20, 2010.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License--Existing Dam.
    b. Project No.: P-12632-002.
    c. Date filed: March 31, 2009.
    d. Applicant: East Texas Electric Cooperative, Inc. (Cooperative).
    e. Name of Project: Lake Livingston Hydroelectric Project.
    f. Location: On the Trinity River, in San Jacinto, Polk, Trinity, 
and Walker Counties, Texas. The project would not occupy any federal 
lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Edd Hargett, East Texas Electric Cooperative, 
Inc., 2905 Westward Drive, P.O. Box 631623, Nacogdoches, TX 75963; 
(936) 560-9532; eddh@gtpower.com.
    i. FERC Contact: Sarah Florentino at (202) 502-6863, or 
sarah.florentino@ferc.gov.
    j. The deadline for filing motions to intervene and protests is 60 
days from the issuance date of this notice.
    k. This application has been accepted for filing, but is not ready 
for

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environmental analysis at this time. When the application is ready for 
environmental analysis, the Commission will issue a public notice 
requesting comments, recommendations, terms and conditions, or 
prescriptions.
    l. The proposed project would use the following existing 
facilities: (1) The Trinity River Authority's (TRA) existing 14,400-
foot-long (approximate) Lake Livingston dam, which has a crest 
elevation of 145.0 feet mean sea level (msl) and consists of (a) a 
basic earth embankment section, (b) outlet works, and (c) a spillway; 
and (2) the 83,000-acre Lake Livingston, which has a normal water 
surface elevation of 131.0 feet msl and gross storage capacity of 
1,750,000 acre-feet.
    The proposed project would consist of the following new facilities: 
(1) An intake structure and headrace channel approximately 300 feet 
long; (2) three steel penstocks, about 12 feet in diameter and 750 feet 
in length; (3) a powerhouse containing three generating units, having a 
total installed capacity of 24 megawatts; (4) an approximate 1,200-
feet-long tailrace channel; (5) an approximate 2.8-mile-long, 138-
kilovolt transmission line interconnecting the project with Entergy's 
existing Rich substation near Goodrich; and (6) an electric switchyard 
and other appurtenant facilities. The project would have an estimated 
annual generation of 124 gigawatt-hours, which the Cooperative would 
sell at wholesale to its constituent electric cooperatives.
    m. A copy of the application 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 last three digits in the 
docket number field to access the document. For assistance, contact 
FERC Online Support. A copy is available for inspection and 
reproduction at the address in item h above.
    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, 
contact FERC Online Support.
    n. Any qualified applicant desiring to file a competing application 
must submit to the Commission, on or before the specified intervention 
deadline date, a competing development application, or a notice of 
intent to file such an application. Submission of a timely notice of 
intent allows an interested person to file the competing development 
application no later than 120 days after the specified intervention 
deadline date. Applications for preliminary permits will not be 
accepted in response to this notice.
    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 a development application. A 
notice of intent must be served on the applicant(s) named in this 
public notice.
    o. Anyone may submit 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 filed, but only those who 
file a motion to intervene in accordance with the Commission's Rules 
may become a party to the proceeding.
    All filings must: (1) Bear in all capital letters the title 
``PROTEST,'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE 
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (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. Agencies may obtain copies of the application 
directly from the applicant. A copy of any protest or motion to 
intervene must be served upon the representative of the applicant.
    All documents may be filed electronically via the Internet. See 18 
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web 
site (http://www.ferc.gov/docs-filing/ferconline.asp) under the 
``eFiling'' link. For a simpler method of submitting text only 
comments, click on ``Quick Comment.'' For assistance, please contact 
FERC Online Support at FERCOnlineSupport@ferc.gov; call toll-free at 
(866) 208-3676; or, for TTY, contact (202) 502-8659. Although the 
Commission strongly encourages electronic filing, documents may also be 
paper-filed. To paper-file, mail an original and eight copies to: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing 
documents with the Commission to serve a copy of that document on each 
person 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.
    p. Procedural Schedule: The application will be processed according 
to the following Hydro Licensing Schedule. Revisions to the schedule 
may be made as appropriate.
Issue Notice Soliciting Final Comments, Terms and Conditions, etc. May 
2009.
Notice of Availability of the EA November 2010.
    q. Other Agency Authorizations: A Texas Coastal Zone consistency 
certification is required for the Lake Livingston Project. The 
Cooperative certifies that the project is consistent with the Texas 
Coastal Management Program goals and policies and would be conducted in 
a manner consistent with said program. In addition, a Texas Commission 
on Environmental Quality (Texas CEQ) section 401 Water Quality 
Certification is required. As part of its processing of the license 
application, the Texas CEQ is reviewing the application under Section 
401 of the Clean Water Act (CWA), and in accordance with Title 30, 
Texas Administrative Code Section 279.1-13, to determine if the work 
would comply with State water quality standards. Based on an 
understanding between the Federal Energy Regulatory Commission (FERC) 
and the Texas CEQ, this public notice is also issued for the purpose of 
advising all known interested persons that there is pending before the 
Texas CEQ a decision on the request for section 401 water quality 
certification for this FERC license application. Any comments 
concerning this certification request may be submitted to the Texas 
Commission on Environmental Quality, 401 Coordinator, MSC-150, P.O. Box 
13087, Austin, Texas 78711-3087. The public comment period extends 30 
days from the date of publication of this notice. A copy of the public 
notice with a description of work is made available for review in the 
Texas CEQ's Austin office. The complete application may be reviewed at 
the address listed in paragraph h. The Texas CEQ may conduct a public 
meeting to consider all comments concerning water quality if requested 
in writing. A request for a public meeting must contain the following 
information: the name, mailing address, application number, or other 
recognizable reference to the application, a brief description of the 
interest of the requester, or of persons represented by the requester; 
and a brief description of how the certification, if

[[Page 22125]]

granted, would adversely affect such interest.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-9687 Filed 4-26-10; 8:45 am]
BILLING CODE 6717-01-P

