
[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Pages 26280-26282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11088]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2558-029]


Vermont Marble Power Division of Omya Inc.; Notice of Application 
Accepted for Filing, Soliciting Motions to Intervene and Protests, 
Ready for Environmental Analysis, and Soliciting Comments, 
Recommendations, Preliminary Terms and Conditions, and Preliminary 
Fishway Prescriptions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2558-029.
    c. Date filed: March 31, 2010.
    d. Applicant: Vermont Marble Power Division of Omya Inc.
    e. Name of Project: Otter Creek Hydroelectric Project.
    f. Location: The existing project is located on Otter Creek in 
Addison and Rutland counties, Vermont. The project does not affect 
federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r)
    h. Applicant Contact: Todd Allard, Operations Engineer, Vermont 
Marble Power Division of Omya Inc., 9987 Carver Road, Suite 300, 
Cincinnati, OH 45242; Telephone (513) 387-4344.
    i. FERC Contact: Aaron Liberty, Telephone (202) 502-6862, and e-
mail aaron.liberty@ferc.gov.
    j. The deadline for filing motions to intervene and protests, 
comments, recommendations, preliminary terms and conditions, and 
preliminary prescriptions is August 30, 2011, and reply comments are 
due October 14, 2011.
    Motions to intervene, protests, comments, recommendations, 
preliminary terms and conditions, and preliminary fishway prescriptions 
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/

[[Page 26281]]

efiling.asp. Commenters can submit brief comments up to 6,000 
characters, without prior registration, using the eComment system at 
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your 
name and contact information at the end of your comments. For 
assistance, please contact FERC Online Support at 
FERCOnlineSupport@ferc.gov or toll free at 1-866-208-3676, or for TTY, 
(202) 502-8659. Although the Commission strongly encourages electronic 
filing, documents may also be paper-filed. To paper-file, mail an 
original and seven 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.
    k. This application has been accepted for filing and is now ready 
for environmental analysis.
    l. The Otter Creek Project consists of three developments with a 
combined installed capacity of 18.1 megawatts (MW). The project 
produces an average annual generation of 67,258 megawatt-hours. Vermont 
Marble Power uses the energy from the project to serve its retail 
customers in the towns of Proctor and Pittsford, Vermont and to serve 
its affiliated industrial operations within Omya Inc.
    On November 23, 2010, the Commission issued an order approving 
transfer of licenses and substitution of applicant which approved the 
transfer of the existing license for the Otter Creek Hydroelectric 
Project from Vermont Marble Power to Central Vermont Public Service 
Corporation (133 FERC ] 62,171 [2010]). Ordering Paragraph (D) of the 
order provides that the approval of the transfer is contingent upon, 
among other things, transfer of the title of the properties under 
license, transfer of all project files, and delivery of all license 
instruments to Central Vermont Public Service. On April 15, 2011, 
Vermont Marble Power and Central Vermont Public Service jointly 
indicated that they would not be able to fulfill the requirements of 
Ordering Paragraph (D) until June 30, 2011. On April 29, 2011, the 
Commission issued an order granting Vermont Marble Power and Central 
Vermont Public Service an extension of time until June 30, 2011 for 
filing the requirements of Ordering Paragraph (D).
    The Proctor development, located at river mile 64.2, consists of: 
(1) An existing 13-foot-high, 128-foot-long dam with a 3-foot-high 
inflatable flashboard system; (2) an existing 92-acre reservoir with a 
storage capacity of 275 acre-feet at a normal maximum water surface 
elevation of 469.5 feet mean sea level (M.S.L); (3) a gated-forebay 
intake structure approximately 14 feet deep by 115 feet long with a 
maximum width of 48 feet; (4) two intakes with two penstocks: A 9-foot-
diameter, 460-foot-long, riveted steel penstock that decreases to 8 
feet diameter; and a 7-foot-diameter, 500-foot-long, spiral welded 
steel penstock; (5) an original concrete and brick masonry powerhouse 
measuring 100 by 33 feet containing four vertical shaft turbines: Three 
750-kilowatt (kW) units and one 1,680-kW unit with a combined maximum 
hydraulic capacity of 565 cubic feet per second (cfs); (6) an 
additional steel structure measuring 28 by 48 feet attached to the 
original powerhouse containing one 3,000-kW vertical shaft unit with a 
maximum hydraulic capacity of 325 cfs; (7) generator leads; (8) a 0.48/
4.16-kilovolt (kV) single phase transformer; (9) a 0.48/46-kV step-up 
transformer; (10) three winding transformer banks; and (11) appurtenant 
facilities.
    The Beldens development, located at river mile 23, consists of: (1) 
Two existing concrete dams on either side of a ledge/bedrock island 
with 2.5-foot-high wooden flashboards: A 15-foot-high, 56-foot-long dam 
(west) and a 24-foot-high, 57-foot-long dam (east); (2) an existing 22-
acre reservoir with a storage capacity of 253 acre-feet at a normal 
maximum water surface elevation of 282.52 feet M.S.L.; (3) two intakes 
equipped with trash racks: A 79-foot-long intake and a 35-foot-long 
intake with a 95-foot-long sluiceway; (4) a 12-foot-diameter, 30-foot-
long steel penstock that bifurcates into two 10-foot-diameter sections, 
each leading to an original powerhouse; (5) a 12-foot-diameter, 45-
foot-long concrete penstock that leads to a newer powerhouse; (6) an 
original concrete and masonry powerhouse measuring 40 by 44 feet 
containing a 800-kW vertical shaft unit and 949-kW vertical shaft unit 
with a combined maximum hydraulic capacity of 650 cfs; (7) a second, 
newer concrete powerhouse measuring 40 by 75 feet containing a 4,100-kW 
vertical shaft unit with a maximum hydraulic capacity of 1,350 cfs; (8) 
generator leads; (9) a 2.4/46-kV step-up transformer bank; and (10) 
appurtenant facilities.
    The Huntington Falls development, located at river mile 21, 
consists of: (1) An existing 31-foot-high, 187-foot-long concrete dam 
with a 2.5-foot-high inflatable flashboard system; (2) an existing 23-
acre reservoir with a storage capacity of 234 acre-feet at a normal 
maximum water surface elevation of 218.1 feet M.S.L; (3) two intakes 
equipped with trash racks: A 40-foot-long intake and a 24-foot-long 
intake; (4) three penstocks: Two 10-foot-diameter, 30-foot-long steel 
penstocks leading to an original powerhouse, and a 12-foot-diameter, 
75-foot-long concrete penstock leading to a newer powerhouse; (5) an 
original brick masonry powerhouse measuring 42 by 60 feet containing a 
600-kW vertical shaft unit and a 800-kW vertical shaft unit with a 
combined maximum hydraulic capacity of 660 cfs; (6) a second, newer 
powerhouse measuring 40 by 75 feet containing a 4,100-kW vertical shaft 
unit with a maximum hydraulic capacity of 1,350 cfs; (7) generator 
leads; (8) a 2.4/46-kV step-up transformer bank; and (9) appurtenant 
facilities.
    Currently, the Proctor development operates in a modified run-of-
river mode, with infrequent diversions at the direction of Independent 
System Operator-New England, while the Beldens and Huntington Falls 
developments operate in a run-of-river mode. The Proctor development 
provides a continuous downstream minimum flow of 100 cfs or inflow to 
the development, whichever is less, with minimum flows from April 
through mid-June equal to at least 50 percent of project inflows. A 
bypassed reach minimum flow of 5 cfs is released at the Beldens 
development through an opening in the flashboards along the west dam. A 
bypassed reach minimum flow of 15 cfs is released at the Huntington 
Falls development via a minimum flow gate at the right abutment of the 
dam.
    The dams and existing project facilities described above are 
currently owned by Vermont Marble Power. Vermont Marble Power does not 
propose any changes to project facilities or operations. However, as 
noted above, the license for the project is currently being transferred 
to Central Vermont Public Service Corporation. Vermont Marble Power 
proposes to implement measures to enhance recreation facilities in the 
project area.
    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

[[Page 26282]]

the last three digits in the docket number field to access the 
document. For assistance, contact FERC Online Support. A copy is also 
available for inspection and reproduction at the address in item h 
above.
    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. 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.
    All filings must (1) bear in all capital letters the title 
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,'' 
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or 
``PRELIMINARY 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 conditions or prescriptions must 
set forth their evidentiary basis and otherwise comply with the 
requirements of 18 CFR 4.34(b). 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. 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.
    o. Procedural Schedule:
    The application will be processed according to the following 
revised Hydro Licensing Schedule. As noted in item (l) above, the 
current license is being transferred to Central Vermont Public Service 
Corporation. The revised schedule takes into consideration the timeline 
for completing the transfer. Revisions to the schedule may be made as 
appropriate.

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              Milestone                           Target date
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Filing of recommendations,            August 30, 2011.
 preliminary terms and conditions,
 and preliminary fishway
 prescriptions.
Commission issues EA................  December 28, 2011.
Comments on EA......................  January 27, 2012.
Modified terms and conditions.......  February 26, 2012.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the 
Commission no later than July 31, 2011.
    q. A license applicant must file no later than August 30, 2011: (1) 
A copy of the water quality certification; (2) a copy of the request 
for certification, including proof of the date on which the certifying 
agency received the request; or (3) evidence of waiver of water quality 
certification.

    Dated: May 2, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-11088 Filed 5-5-11; 8:45 am]
BILLING CODE 6717-01-P


