[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Page 64061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25124]



[[Page 64061]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD20-2-000]


Ute Mountain Ute Tribe Farm and Ranch Enterprise; Notice of 
Preliminary Determination of a Qualifying Conduit Hydropower Facility 
and Soliciting Comments and Motions To Intervene

    On November 13, 2019, the Ute Mountain Ute Tribe Farm and Ranch 
Enterprise filed a notice of intent to construct a qualifying conduit 
hydropower facility, pursuant to section 30 of the Federal Power Act 
(FPA). The proposed UMUT-FRE Irrigation Hydro Project would have an 
installed capacity of 221 kilowatts (kW), and would be located along 
the applicant's existing irrigation system near Towaoc, Montezuma 
County, Colorado.
    Applicant Contact: Tim Olsen, 1428 S Humboldt St., Denver, CO 
80210, Phone No. (303) 777-3341, Email: tolsen@windtechnology.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) 10 turbine-generators, each with a 
capacity between 10-30 kW, with a total capacity of 221 kW; (2) 10 
powerhouse vaults; and (3) appurtenant facilities. The proposed project 
would have an estimated annual generation of up to 636 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)
----------------------------------------------------------------------------------------------------------------
FPA 30(a)(3)(A)................................  The conduit the facility uses is a tunnel, canal,            Y
                                                  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 constructed, operated, or                    Y
                                                  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 installed capacity that does             Y
                                                  not exceed 40 megawatts.
FPA 30(a)(3)(C)(iii)...........................  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: The proposed UMUT-FRE Irrigation Hydro 
Project will not alter the primary purpose of the conduits, which is to 
transport water for irrigation. 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 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 (2019).
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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., CD20-2) 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: November 14, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-25124 Filed 11-19-19; 8:45 am]
 BILLING CODE 6717-01-P


