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HomeMy WebLinkAboutG03_140815-FERC_ELV_IneligibleExemptFEDERAL ENERGY REGULATORY COMMISSION Washington, D.C. 20426 August 15, 2014 OFFICE OF ENERGY PROJECTS Project No. 14514-000 – AK Crooked Creek and Jim’s Lake Hydroelectric Project Community of Elfin Cove, DBA Elfin Cove Utility Commission Jane Button c/o Elfin Cove Utility Commission P.O. Box 2 Elfin Cove, AK 99825 Joel D. Groves, PE Polarconsult Alaska, Inc. 1503 West 33rd Avenue, #310 Anchorage, AK 99503 Reference: Initial Consultation Document for 10-MW Exemption Dear Ms. Button and Mr. Groves: On August 7, 2014, you filed an Initial Consultation Document (ICD) for a proposed 10-megawatt (MW) exemption for the Crooked Creek and Jim’s Lake Hydroelectric Project (Crooked Creek and Jim’s Lake Project). Commission staff reviewed your filing and has determined that the proposed project does not qualify for a 10-MW exemption. The Commission is authorized to exempt from the licensing requirements of Part I of the Federal Power Act small hydroelectric projects with an installed capacity of 10- MW or less that: (1) are located at the site of an existing dam (i.e., one that was in existence on or before July 22, 2005), and that use the water power potential of such a dam for the generation of electricity not owned or operated by the United States; or (2) use a “natural water feature” to generate electricity without the need for a dam or manmade impoundment.1 Your proposed project would not be located at the site of an existing dam or a natural water feature. Your proposed upper system powerhouse would utilize flows that travel through a 1,250-foot-long penstock to reach the proposed 1 See 16 U.S.C. §§ 2705 and 2708 (2012). 20140815-3027 FERC PDF (Unofficial) 08/15/2014 Project No. 14514-000 - 2 - turbine/generating unit, and your proposed lower system powerhouse would utilize flows that travel through a 2,050-foot-long penstock to reach the proposed turbine/generating unit. Neither system would use significant head from the diversions to generate electricity; therefore, your project would not qualify for an exemption.2 If you intend to pursue a license for the Crooked Creek and Jim’s Lake Project, you must file a Notice of Intent (NOI) and Pre-Application Document (PAD) pursuant to sections 5.5 and 5.6 of the Commission’s regulations,3 as outlined in paragraph 8 of your preliminary permit for the project issued by the Commission on July 19, 2013.4 You can file your NOI and PAD electronically via the Internet. See 18 C.F.R. 385.2001(a)(1)(iii) and the instructions on the Commission’s website (http://www.ferc.gov/docs-filing/efiling/efiling.asp). For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov; call toll-free at (866) 208-3676; or, for TTY, contact (202) 502-8659. Although the Commission strongly encourages electronic filing, your response may also be paper-filed. To paper-file, mail an original and seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426. Please put docket number, P- 14514 on the first page of your response. You may call Sean O’Neill at (202) 502-6462 if you have any questions concerning this letter. Sincerely, Vince Yearick Director Division of Hydropower Licensing Cc: Mailing List Public File 2 See e.g.,Jonathan and Jayne Chase, 135 FERC ¶ 61,160 (2011) (holding that, as a general rule, projects where the powerhouse is located no further than 500 feet from the project dam or diversion and which derive a significant portion of head from the dam or diversion will qualify for a small hydropower exemption). 3 18 C.F.R. §§ 5.5 and 5.6 (2014). Please note that much of the information provided in your ICD can be used for your PAD. 4 144 FERC ¶ 62,056 (2013). 20140815-3027 FERC PDF (Unofficial) 08/15/2014 Document Content(s) P-14514-000Letter.DOC.................................................1-2 20140815-3027 FERC PDF (Unofficial) 08/15/2014