[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Notices]
[Pages 58650-58651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23067]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD22-1-000]


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

    On October 14, 2021, Larry Lempka filed a notice of intent to 
construct a qualifying conduit hydropower facility, pursuant to section 
30 of the Federal Power Act (FPA). The proposed Lempka Farms Hydropower 
Project would have an installed capacity of 5.9 kilowatts (kW), and 
would be located along an irrigation pipeline on the applicant's 
property near Berthoud, Larimer County, Colorado.
    Applicant Contact: Timothy Olsen, Advanced Energy Systems, LLC, 
1428 S Humboldt St, Denver, CO 80210, (303) 777-3341, 
[email protected].
    FERC Contact: Christopher Chaney, (202) 502-6778, 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed 
project would consist of: (1) An approximately 10-foot by 10-foot 
powerhouse; (2) one pump-as-turbine unit with a capacity of 5.9 kW; and 
(3) appurtenant facilities. The proposed project would have an 
estimated annual generation of approximately 6.7 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined 
or deemed to meet all 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          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 Lempka Farms Hydropower 
Project will not alter the primary purpose of the conduit, which is 
used to distribute water for agricultural 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 (2020).
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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

[[Page 58651]]

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 
[email protected], (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may send a paper copy. 
Submissions sent via the U.S. Postal Service must be addressed to: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via 
any other carrier must be addressed to: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, 
MD 20852. 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 385.2010.
    Locations of Notice of Intent: The Commission provides all 
interested persons an opportunity to view and/or print the contents of 
this document via the internet through the Commission's website at 
http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number 
(i.e., CD22-1) in the docket number field to access the document. You 
may also 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. Copies of the notice of 
intent can be obtained directly from the applicant. At this time, the 
Commission has suspended access to the Commission's Public Reference 
Room due to the proclamation declaring a National Emergency concerning 
the Novel Coronavirus Disease (COVID-19), issued by the President on 
March 13, 2020. For assistance, call toll-free 1-866-208-3676 or email 
[email protected]. For TTY, call (202) 502-8659.

    Dated: October 18, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-23067 Filed 10-21-21; 8:45 am]
BILLING CODE 6717-01-P


