HomeMy WebLinkAbout6 - Attachment C - Prelim Permit124 FERC ¶62,169
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Copper Valley Electric Association Project No.13124-000
ORDER ISSUING PRELIMINARY PERMIT
(Issued September 04,2008)
On March 3,2008,Copper Valley Electric Association (Copper Valley or
permittee),filed an application for a three-year preliminary permit1 under Section 4(f)of
the Federal Power Act (FPA)to study the proposed 4-megawatt (MW)Allison Lake
Hydroelectric Project No.13124.The proposed Allison Lake Project would be located on
Allison Lake and Allison Creek near Valdez,Alaska.
Copper Valley proposes three alternatives:Alternative No.1 has a new
intake/penstock to increase generation at the existing licensed Project No.2742 by an annual
generation of 20.5 gigawatt-hours (GWh);Alternative No.2 has a new intake,tunnel and
powerhouse with a capacity of 4 MW and an annual generation of 24.7 GWh;and Alternative
No.3 has a new siphon,penstock,and powerhouse with a capacity of 4 MW and an annual
generation of 20.9 GWh.All three alternatives would use the existing Allison Lake and
Alternative No.1 would also use the Solomon Lake Dam and reservoir.
Public notice of the application was issued.The National Marine Fisheries Service
and The Four Dam Pool Power Agency filed motions to intervene to become parties to
the proceedings.
Comments were filed by Alyeska Pipeline Service Company (Alyeska)concerning,
among other things,the proximity of the proposed project to the Valdez Marine Terminal
and the terminus of the Trans Alaska Pipeline System (TAPS).Alyeska comments that
the proposed project must be compatible with TAPS operations,security,safety and
integrity and would require careful planning and coordination to ensure that both facilities
would not be compromised.
1 16 U.S.C.§797(f).Three years is the maximum term for a preliminary permit.See
FPA Section 5,16 U.S.C.§798.
20080904-3031 FERC PDF (Unofficial) 09/04/2008
Project No.13124-000 2
Alyeska recommends that any Commission permit for this project should include
the condition that property,water use,safety and other TAPS interests are protected and
any related risks or issues are addressed in a manner satisfactory to Alyeska.
The purpose of a preliminary permit is to maintain priority of application for a
license during the term of the permit while the permittee conducts investigations and
secures data necessary,after consultation with the appropriate resource agencies,to
determine the feasibility of the proposed project and prepares an acceptable development
application.The permit confers no authority on the permittee to undertake construction
of the proposed project or any part thereof,2 or to occupy or use lands or other property
of the United States or of any other entity or individual.
If,during the course of the permittee’s investigation into the feasibility of the
proposal,the permittee decides to prepare a development application,it must first prepare
a Notice of Intent (NOI)and Pre-Application Document (PAD)pursuant to Sections 5.5
and 5.6 of the Commission’s Regulations.Pursuant to Part 5 of the Commission’s
regulations,18 C.F.R.Part 5,the permittee must use the Integrated Licensing Process
unless the Commission grants a request to use an alternative process (Alternative or
Traditional Licensing Process).Pursuant to Section 5.3,such a request must accompany
the NOI and PAD and set forth specific information justifying the request.3 Should the
permittee file a development application,notice of the application will be published,and
interested persons and agencies will have an opportunity to intervene and to present their
views concerning the project and the effects of its construction and operation.
A preliminary permit is not transferable.The named permittee is the only party
entitled to the priority of application for license afforded by this preliminary permit.In
order to invoke permit-based priority in any subsequent licensing competition,the named
permittee must file an application for license as the sole applicant,thereby evidencing its
intent to be the sole licensee and to hold all proprietary rights necessary to construct,
operate,and maintain the proposed project.Should any other parties intend to hold
during the term of any license issued any of these proprietary rights necessary for project
purposes,they must be included as joint applicants in any application for license filed.In
such an instance,where parties other than the permittee are added as joint applicants for
license,the joint application will not be eligible for any permit-based priority.See City of
Fayetteville,16 FERC 61,209 (1981).
2 Issuance of this preliminary permit is thus not a major federal action significantly
affecting the quality of the human environment.
3 See Commission Order 2002,issued July 23,2003.
20080904-3031 FERC PDF (Unofficial) 09/04/2008
Project No.13124-000 3
The Director orders:
(A)A preliminary permit is issued for the Allison Lake Hydroelectric Project No.
13124 to Copper Valley Electric Association,for a period effective the first day of the
month in which this permit is issued,and ending either 36 months from the effective date
or on the date that a development application submitted by the permittee has been
accepted for filing,whichever occurs first.
(B)This preliminary permit is subject to the terms and conditions of Part I of the
Federal Power Act and related regulations.The permit is also subject to Articles 1
through 4,set forth in the attached standard form P-1.
(C)This order is issued under authority delegated to the Director and constitutes
final agency action.Requests for rehearing by the Commission may be filed within 30
days from the date of issuance of this order,pursuant to 18 C.F.R.§385.713.
William Guey-Lee
Chief,Engineering and Jurisdiction Branch
Division of Hydropower Administration
and Compliance
20080904-3031 FERC PDF (Unofficial) 09/04/2008
Form P-1 (Revised March 2000)
FEDERAL ENERGY REGULATORY COMMISSION
TERMS AND CONDITIONS OF
PRELIMINARY PERMIT
Article 1.The purpose of the permit is to maintain priority of application for a
license during the term of the permit while the permittee conducts investigations and
secures data necessary to determine the feasibility of the proposed project and,if said
project is found to be feasible,prepares an acceptable application for license.In the
course of whatever field studies the Permittee undertakes,the Permittee shall at all times
exercise appropriate measures to prevent irreparable damage to the environment of the
proposed project.All test sites shall be restored as closely as possible to their original
condition and to the satisfaction of the Commission's authorized representative or,where
federal lands are affected,to the satisfaction of the agency administering such lands.
Article 2.The permit is not transferable and may,after notice and opportunity for
hearing,be canceled by order of the Commission upon failure of the Permittee to
prosecute diligently the activities for which a permit is issued,or for any other good cause
shown.
Article 3.The priority granted under the permit shall be lost if the permit is
canceled pursuant to Article 2 of this permit,or if the Permittee fails,on or before the
expiration date of the permit,to file with the Commission an application for license for
the proposed project in conformity with the Commission's rules and regulations then in
effect.
Article 4.At the close of each six-month period from the effective date of this
permit,the permittee shall file four copies of a progress report with the Secretary,Federal
Energy Regulatory Commission,888 First Street,N.E.,Washington,D.C.20426;and
shall serve a copy on the interveners in this proceeding.The report shall describe,for that
report period,the nature and timing of what the permittee has done under the pre-filing
requirements of 18 CFR Sections 4.38 and 5 and other applicable regulations;and,where
studies require access to and use of land not owned by the permittee,the status of the
permittee's efforts to obtain permission therefore.
20080904-3031 FERC PDF (Unofficial) 09/04/2008
Document Content(s)
19588028.DOC..........................................................1-4
20080904-3031 FERC PDF (Unofficial) 09/04/2008