[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45147-45148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18529]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD19-11-000]


Board of Water Works of Pueblo, Colorado; Notice of Preliminary 
Determination of a Qualifying Conduit Hydropower Facility and 
Soliciting Comments and Motions To Intervene

    On August 21, 2019, the Board of Water Works of Pueblo, Colorado, 
filed a notice of intent to construct a qualifying conduit hydropower 
facility, pursuant to section 30 of the Federal Power Act (FPA). The 
proposed Whitlock Hydroelectric Facility Project would have an 
installed capacity of up to 1,100 kilowatts (kW), and would be located 
at the Whitlock Water Treatment Plant in the City of Pueblo, Pueblo 
County, Colorado.
    Applicant Contact: Karl F. Kumli, III, Esq., 2060 Broadway, #400, 
Boulder, CO 80302, Phone No. (303) 447-1375, Email: 
karlk@dietzedavis.com.
    FERC Contact: Christopher Chaney, Phone No. (202) 502-6778, Email: 
christopher.chaney@ferc.gov.
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) An up to 1,100 kW in-line turbine-
generating unit within an existing 38-foot by 33.5-foot pressure 
dissipation building; and (2) appurtenant facilities. The proposed 
project would have an estimated annual generation of up to 3,000 
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
------------------------------------------------------------------------
                                                           Satisfies (Y/
      Statutory provision              Description              N)
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FPA 30(a)(3)(A)................  The conduit the                       Y
                                  facility uses 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).............  The facility is                       Y
                                  constructed, 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)............  The facility has an                   Y
                                  installed capacity
                                  that does not exceed
                                  40 megawatts.
FPA 30(a)(3)(C)(iii)...........  On or before August 9,                Y
                                  2013, the facility is
                                  not licensed, or
                                  exempted from the
                                  licensing requirements
                                  of Part I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: The proposed Whitlock Hydroelectric 
Facility Project will not interfere with the primary purpose of the 
conduit, which is to transport water for municipal use. 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 criteria is 
September 27, 2019.
    Deadline for filing motions to intervene is September 27, 2019.
    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., CD19-11) 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.


[[Page 45148]]


     Dated: August 22, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-18529 Filed 8-27-19; 8:45 am]
 BILLING CODE 6717-01-P


