HomeMy WebLinkAboutLake_Elva_JD_Order124 FERC ¶ 62,095
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Nushagak Electric and Telephone Cooperative Docket No. DI08-7-000
ORDER RULING ON DECLARATION OF INTENTION
AND FINDING LICENSING NOT REQUIRED
(Issued August 04, 2008)
1. On June 6, 2008, the Nushagak Electric and Telephone Cooperative filed a
Declaration of Intention (DI) concerning the proposal to develop the Lake Elva
Hydropower Project, to be located on Elva Creek and Lake Elva, near the town of
Dillingham, Dillingham Borough, Alaska, affecting T. 6-7 S, R. 58 W, sec. 1, 2, 7,
11, and 12, Seward Meridian.
PROJECT DESCRIPTION
2. The proposed Lake Elva Hydropower Project (project) would consist of:
(1) a proposed 29,000-acre-feet storage reservoir; (2) a 120-foot-high, 625-foot-
long rock-fill dam on Elva Creek; (3) a 4,100-foot-long, 4-foot-diameter lake-tap
intake pipeline, connecting at a surge tank to a 3,200-foot-long, 3-to-3.5-foot-
diameter penstock; (4) a 20-foot-wide, 80-foot-long, 20-foot-high powerhouse,
containing two 750-kW turbine/generators; (5) a 33-mile-long buried transmission
line; and (6) appurtenant facilities. The proposed project will not be connected to
an interstate grid, and will not occupy any tribal or federal lands.
PUBLIC NOTICE
3. Notice of the DI was published July 3, 2008. Protests, comments, and/or
petitions to intervene were to be filed by July 25, 2008. No comments, protests, or
motions to intervene have been received.
JURISDICTION
4. Pursuant to Section 23(b)(1) of the Federal Power Act (FPA), §817(1), a
non-federal hydroelectric project must (unless it has a still-valid pre-1920 federal
permit) be licensed if it:
▫ is located on a navigable water of the United States;
▫ occupies lands of the United States;
▫ utilizes surplus water or waterpower from a government dam; or
Docket No. DI08-7-000 - 2 -
▫ is located on a body of water over which Congress has Commerce
Clause jurisdiction, project construction has occurred on or after
August 26, 1935, and the project affects the interests of interstate or
foreign commerce.
DISCUSSION
5. The proposed project will not occupy any public lands or reservations of
the United States and will not use surplus water or water power from a Federal
government dam. There is no evidence that the unnamed stream is a navigable
waterway at the site or in the vicinity of the proposed project. The proposed
project will be constructed after August 26, 1935, but it would not be connected
to an interstate transmission grid, and the power generated would not affect the
interests of interstate or foreign commerce.
CONCLUSION
6. Consequently, Section 23(b)(1) of the FPA does not require licensing of the
proposed project. If evidence is found in the future, Section 23(b)(1) would
require licensing. Under Section 4(g) of the FPA, the project owner could then
be required to apply for a license.
The Director orders:
(A) Section 23(b)(1) of the Federal Power Act does not require licensing
of the proposed Lake Elva Hydropower Project. This order is issued without
prejudice to any future determination, upon new or additional evidence, that
licensing is required.
(B) This order constitutes final agency action. Requests for rehearing by
the Commission may be filed within 30 days of the date of issuance of this order,
pursuant to 18 C.F.R. § 385.713.
William Y. Guey-Lee, Chief
Engineering and Jurisdiction Branch
Division of Hydropower Administration
and Compliance