
[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 64973-64974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26133]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14367-001]


 Don W. Gilbert Hydro Power, LLC; Notice of Application Accepted 
for Filing With the Commission; Intent To Waive Scoping; Soliciting 
Motions To Intervene and Protests; Ready for Environmental Analysis; 
and Soliciting Comments, Terms and Conditions, Recommendations, and 
Prescriptions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Minor License.
    b. Project No.: 14367-001.
    c. Date filed: May 30, 2012.
    d. Applicant: Don W. Gilbert Hydro Power, LLC.
    e. Name of Project: Gilbert Hydroelectric Project.
    f. Location: The project would utilize unnamed springs near the 
Bear River, eight miles southwest of Grace, Caribou County, Idaho. The 
project would not occupy any federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r). 
(2006).
    h. Applicant Contact: Don W. Gilbert and DeAnn G. Somonich, Don W. 
Gilbert Hydro Power, LLC, 1805 Grace Power Plant Road, Grace, Idaho 
83241. Phone: (801) 725-1754.
    i. FERC Contact: Kelly Wolcott, (202) 502-6480 or 
kelly.wolcott@ferc.gov.
    j. Deadline for filing motions to intervene and protests, requests 
for cooperating agency status, comments, terms and conditions, 
recommendations, and prescriptions: 60 days from the issuance date of 
this notice; reply comments are due 105 days from the issuance date of 
this notice.
    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/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 Gilbert Project would consist of the following new features: 
(1) A 8-foot-long, 3-foot-wide, 3-foot-deep drop inlet structure; (2) a 
2-foot-diameter, 700-foot-long partially buried steel or plastic 
penstock; (3) a powerhouse containing two 45-kilowatt (kW) turbine/
generator units for a total installed capacity of 90 kW; (4) a tailrace 
to convey flows from the powerhouse to the Bear River; (5) a 150-foot-
long, 480-kilovolt transmission line; and (6) appurtenant facilities. 
The project is estimated to generate an average of 550 megawatthours 
annually. The project would be located on lands owned by the applicant.
    m. Due to the applicant's close coordination with federal and state 
agencies during the preparation of the application, completed studies, 
and agency comments, we intend to waive scoping. Based on a review of 
the application, resource agency consultation letters, and comments 
filed to date, Commission staff intends to prepare a single 
environmental assessment (EA). Commission staff determined that the 
issues that need to be addressed in its EA have been adequately 
identified during the pre-filing period, which included a public 
meeting and site visit, and no new issues are likely to be identified 
through additional scoping. The EA will consider assessing the 
potential effects of project construction and operation on geology and 
soils, aquatic, terrestrial, threatened and endangered species, and 
cultural and historic resources.
    n. 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 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 email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    o. 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

[[Page 64974]]

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.
    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, and .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'', ``NOTICE OF INTENT TO FILE 
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``COMMENTS,'' 
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or 
``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. A license applicant must file no later than 60 days following 
the date of issuance of this notice: (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.
    p. Procedural schedule: We intend to accept the consultation that 
has occurred on this project during the pre-filing period as satisfying 
our requirements for the standard three-stage consultation process 
under 18 CFR 4.38 and for the National Environmental Policy Act scoping 
and the application will be processed according to the following 
procedural schedule. Revisions to the schedule may be made as 
appropriate.

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              Milestone                           Target date
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Comments, recommendations, and terms   December 17, 2012.
 and conditions due.
Reply comments due...................  January 30, 2013.
Notice of the availability of the EA.  April 15, 2013.
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    Dated: October 17, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-26133 Filed 10-23-12; 8:45 am]
BILLING CODE 6717-01-P


