San Juan County Historical Society; Notice of Preliminary Determination of A Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene

Federal Register, Volume 78 Issue 195 (Tuesday, October 8, 2013)

Federal Register Volume 78, Number 195 (Tuesday, October 8, 2013)


Pages 61958-61959

From the Federal Register Online via the Government Printing Office

FR Doc No: 2013-24394



Federal Energy Regulatory Commission

Docket No. CD13-4-000

San Juan County Historical Society; Notice of Preliminary Determination of A Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene

On September 20, 2013, San Juan County Historical Society filed a notice of intent to construct a qualifying conduit hydropower facility, pursuant to section 30 of the Federal Power Act, as amended by section 4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA). The 11 kW Silverton Mayflower Mill Hydro Project would utilize excess flow from the six-inch-diameter Arrastra Gulch Pipeline, which serves the Mayflower Mill treatment plant, located in San Juan County, Colorado.

Applicant Contact: Beverly Rich, San Juan County Historical Society, P.O. Box 154, Silverton, CO 81433, Phone No. (970) 387-5488.

FERC Contact: Robert Bell, Phone No. (202) 502-6062, email:

Qualifying Conduit Hydropower Facility Description: The proposed project would consist of: (1) A new ``y'' valve into the existing 3,850-foot-long, six-inch-diameter raw water Arrastra Gulch Pipeline just below the existing valve house; (2) a new 50-foot-long, six-inch diameter intake pipeline; (3) an existing powerhouse building, containing one new 11-kilowatt generating unit; (4) a new 50-foot-long, eight-inch diameter discharge pipeline leading to an existing 300-foot-

long, six-inch diameter discharge pipeline that returns water to the Animas River; and (5) appurtenant facilities. The proposed project would have an estimated annual generating capacity of 80 megawatt-


A qualifying conduit hydropower facility is one that is determined or deemed to meet all of the criteria shown in the table below.

Page 61959

Table 1--Criteria for Qualifying Conduit Hydropower Facility


Satisfies (Y/

Statutory provision Description N)


FPA 30(a)(3)(A), as amended by HREA....... 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), as amended by HREA.... 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), as amended by HREA... The facility has an installed capacity that does not Y

exceed 5 megawatts.

FPA 30(a)(3)(C)(iii), as amended by HREA.. 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: Based upon the above criteria, Commission staff preliminarily determines that the proposal satisfies the requirements for a qualifying conduit hydropower facility 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 45 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.


\1\ 18 CFR 385.2001-385.2005 (2013).


The Commission strongly encourages electronic filing. Please file motions to intervene and comments using the Commission's eFiling system at Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at, (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 using the ``eLibrary'' link. Enter the docket number (e.g., CD13-4-000) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or email For TTY, call (202) 502-8659.

Dated: September 30, 2013.

Kimberly D. Bose,


FR Doc. 2013-24394 Filed 10-7-13; 8:45 am


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