
[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67280-67281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28258]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD19-3-000]


Upcountry LLC; Notice of Preliminary Determination of a 
Qualifying Conduit Hydropower Facility and Soliciting Comments and 
Motions To Intervene

    On December 20, 2018, the Upcountry LLC 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 Mill 
Pressure Reducing Device Project would have a total installed capacity 
up to 72 kilowatts (kW), and would be located on the existing raw water 
supply pipeline. The project would be located near the City of Portland 
in Hood River County, Oregon.
    Applicant Contact: Jonathon Munk, Upcountry LLC, 1675 Country Club 
Road, Hood River, OR 97031, Phone No (503) 460-7220, email: 
jonmunk4@gmail.com.
    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 72-kW turbine-generator connected to an 
existing raw water supply pipeline and (2) appurtenant facilities. The 
proposed project would have an estimated annual generation of up to 630 
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
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                                                                                                  Satisfies  (Y/
                      Statutory provision                                 Description                   N)
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FPA 30(a)(3)(A), as amended by HREA...........................  The conduit the facility uses                 Y
                                                                 is a tunnel, canal, pipeline,
                                                                 aqueduct, 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,                  Y
                                                                 operated, or maintained 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                 Y
                                                                 capacity that does not exceed
                                                                 5 megawatts.
FPA 30(a)(3)(C)(iii), as amended by HREA......................  On or before August 9, 2013,                  Y
                                                                 the facility is not licensed,
                                                                 or exempted from the licensing
                                                                 requirements of Part I of the
                                                                 FPA.
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    Preliminary Determination: The proposed Mill Pressure Reducing 
Device Project will not interfere with the primary purpose of the 
conduit, which is to transport water for irrigation by filling an 
equalizing reservoir, which in turn provides pressure for an irrigation 
zone in its service area. Therefore, based upon the above criteria, 
Commission staff preliminarily determines that the proposal satisfies 
the requirements for a qualifying conduit hydropower facility, which is 
not required to be licensed or exempted from licensing.
    Comments and Motions To Intervene: Deadline for filing comments 
contesting whether the facility meets the qualifying

[[Page 67281]]

criteria is 30 days from the issuance date of this notice.
    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 (2018).
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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 (i.e., CD19-3) 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, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-28258 Filed 12-27-18; 8:45 am]
 BILLING CODE 6717-01-P


