[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Notices]
[Pages 62097-62098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22229]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD23-1-000]


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

    On October 3, 2022, the City of Aurora, 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 Gun Club 
Hydroelectric Energy Recovery Project would have an installed capacity 
of 56 kilowatts (kW), and would be located along a municipal water 
supply pipeline in Aurora, Arapahoe County, Colorado.
    Applicant Contact: Gregg Semler, InPipe Energy, 920 SW 6th Ave. 
12th Floor, Portland, OR 97204, 503-341-0004, [email protected].
    FERC Contact: Christopher Chaney, 202-502-6778, 
[email protected].
    Qualifying Conduit Hydropower Facility Description: The project 
would consist of: (1) a 56-kW turbine generating unit within an 
existing 15-foot by 32-foot vault, (2) intake and discharge pipes 
connecting to the existing water supply line, and (3) appurtenant 
facilities. The proposed project would have an estimated annual 
generation of approximately 255,000 kilowatt-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
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           Statutory provision                                  Description                      Satisfies (Y/N)
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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 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)......................  The facility has an installed capacity that does not               Y
                                            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.
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    Preliminary Determination: The proposed Gun Club Hydroelectric 
Energy Recovery Project will not alter the primary purpose of the 
conduit, which is to transport water for municipal consumption. 
Therefore, based upon the above criteria, Commission staff 
preliminarily determines that the operation of the project described 
above 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.

[[Page 62098]]

    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 (2021).
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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 [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., CD23-1) 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. For assistance, 
call toll-free 1-866-208-3676 or email [email protected]. For 
TTY, call (202) 502-8659.

    Dated: October 6, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-22229 Filed 10-12-22; 8:45 am]
BILLING CODE 6717-01-P


