
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Page 95126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31090]



[[Page 95126]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD17-2-000]


City of Louisville, Colorado; Notice of Preliminary Determination 
of a Qualifying Conduit Hydropower Facility and Soliciting Comments and 
Motions To Intervene

    On December 15, 2016, the City of Louisville, Colorado filed a 
notice of intent to construct a qualifying conduit hydropower facility, 
pursuant to section 30 of the Federal Power Act (FPA), as amended by 
section 4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA). 
The proposed Louisville HBWTP Hydro Project would have an installed 
capacity of 33 kilowatts (kW) and would be located at the end of the 
City of Louisville's existing raw water supply pipeline. The project 
would be located near the City of Louisville in Boulder County, 
Colorado.
    Applicant Contact: Cory Peterson, Water Resources Engineer, City of 
Louisville, Colorado, 749 Main Street, Louisville, CO 80027, Phone No. 
(303) 335-4610.
    FERC Contact: Robert Bell, Phone No. (202) 502-6062, email: 
robert.bell@ferc.gov.
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) A proposed 12-foot long, 24-inch-diameter 
intake pipe teeing off of the existing 14-inch-diameter raw water 
pipeline; (2) a proposed powerhouse containing one generating unit with 
an installed capacity of 33-kW; (3) a proposed 12-foot long, 24-inch-
diameter discharge pipe connected to the existing 14-inch raw water 
pipeline; and (4) appurtenant facilities. The proposed project would 
have an estimated annual generating capacity of 196 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined 
or deemed to meet all of the criteria shown in the table below.

                          Table 1--Criteria for Qualifying Conduit Hydropower Facility
----------------------------------------------------------------------------------------------------------------
           Statutory provision                                  Description                      Satisfies (Y/N)
----------------------------------------------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by HREA......  The conduit is a tunnel, canal, pipeline, aqueduct,                Y
                                            flume, ditch, or similar manmade water conveyance
                                            that is operated for the distribution of water for
                                            agricultural, municipal, or industrial consumption
                                            and not primarily for the generation of electricity.
FPA 30(a)(3)(C)(i), as amended by HREA...  The facility is constructed, operated, or maintained               Y
                                            for the generation of electric power and uses for
                                            such generation only the hydroelectric potential of
                                            a non-federally owned conduit.
FPA 30(a)(3)(C)(ii), as amended by HREA..  The facility has an installed capacity that does not               Y
                                            exceed 5 megawatts.
FPA 30(a)(3)(C)(iii), as amended by HREA.  On or before August 9, 2013, the facility is not                   Y
                                            licensed, or exempted from the licensing
                                            requirements of Part I of the FPA.
----------------------------------------------------------------------------------------------------------------

    Preliminary Determination: Based upon the above criteria, 
Commission staff has preliminarily determined that the proposal 
satisfies the requirements for a qualifying conduit hydropower facility 
under 16 U.S.C. 823a, and is exempted from the licensing requirements 
of the FPA.
    Comments and Motions to Intervene: The deadline for filing comments 
contesting whether the facility meets the qualifying criteria is 45 
days from the issuance date of this notice.
    The deadline for filing motions to intervene is 30 days from the 
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance 
with the requirements of Rules of Practice and Procedure, 18 CFR 
385.210 and 385.214. Any motions to intervene must be received on or 
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1) 
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR 
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as 
applicable; (2) state in the heading the name of the applicant and the 
project number of the application to which the filing responds; (3) 
state the name, address, and telephone number of the person filing; and 
(4) otherwise comply with the requirements of sections 385.2001 through 
385.2005 of the Commission's regulations.\1\ All comments contesting 
Commission staff's preliminary determination that the facility meets 
the qualifying criteria must set forth their evidentiary basis.
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    \1\ 18 CFR 385.2001-2005 (2015).
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    The Commission strongly encourages electronic filing. Please file 
motions to intervene and comments using the Commission's eFiling system 
at 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, (866) 208-3676 (toll free), or 
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper 
copy to: Secretary, Federal Energy Regulatory Commission, 888 First 
Street NE., Washington, DC 20426. 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.
    Locations of Notice of Intent: Copies of the notice of intent can 
be obtained directly from the applicant or such copies can be viewed 
and reproduced at the Commission in its Public Reference Room, Room 2A, 
888 First Street NE., Washington, DC 20426. The filing may also be 
viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using 
the ``eLibrary'' link. Enter the docket number (e.g., CD17-2-000) in 
the docket number field to access the document. For assistance, call 
toll-free 1-866-208-3676 or email FERCOnlineSupport@ferc.gov. For TTY, 
call (202) 502-8659.

    Dated: December 20, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-31090 Filed 12-23-16; 8:45 am]
 BILLING CODE 6717-01-P


