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24850 Federal Register / Vol. 71, No.

81 / Thursday, April 27, 2006 / Notices

1.0 MW and would consist of: (1) An Each filing must be accompanied by County, New York. The mines are
existing concrete diversion structure; (2) proof of service on all persons listed on owned by X-Earth Corporation of
an existing intake structure; (3) 11,600 the service list prepared by the Elizabethtown, New York, and by
feet of existing open canal; (4) a Commission in this proceeding, in Rhodia Corporation of Cranbury, New
proposed concrete overflow structure; accordance with 18 CFR 4.34(b), and Jersey.
(5) proposed 2,800 feet of new canal; (6) 385.2010. f. Filed Pursuant to: Federal Power
a proposed 400-foot-long penstock; (7) a You may also register online at Act, 16 U.S.C. 791(a)–825(r).
proposed powerhouse; (8) a proposed http://www.ferc.gov/docs-filing/ g. Applicant Contact: Mr. James A.
tailrace pipe; (9) a proposed 3,000-foot- esubscription.asp to be notified via e- Besha, P.E., Moriah Hydro Corporation,
long, 12.3-kilovolt (kV) transmission mail of new filings and issuances c/o Albany Engineering Corporation,
line; and (10) appurtenant facilities. The related to this or other pending projects. 455 New Karner Road, Albany, NY
applicant estimates that the total For assistance, contact FERC Online 12205, (518) 456–7712.
average annual generation would be Support.
3,300,000 kilowatt-hours (kWh). m. Procedural schedule: the h. FERC Contact: Tom Papsidero,
West Valley Alternative B–1 run-of- Commission staff proposes to issue one (202) 502–6002.
river development would have a Environmental Assessment (EA) rather i. Deadline for filing motions to
capacity of 1.36 MW and would consists than issuing a draft and final EA. Staff intervene, protests and comments: 60
of: (1) The existing West Valley Dam intends to allow 30 days for entities to days from the issuance date of this
and outlet works; (2) a new bypass valve comment on the EA, and will take into notice.
attached to the existing dam outlet pipe; consideration all comments received on All documents (original and eight
(3) a proposed 2,850-foot-long penstock; the EA before final action is taken on copies) should be filed with Magalie R.
(4) a proposed powerhouse; (5) a the exemption application. The Salas, Secretary, Federal Energy
proposed tailrace canal; (6) a proposed application will be processed according Regulatory Commission, 888 First
4.5-mile-long, 12.3-kV transmission to the schedule, but revisions to the Street, NE., Washington, DC 20426.
line; and (7) appurtenant facilities. The schedule may be made as appropriate: Comments, protests and interventions
applicant estimates that the total may be filed electronically via the
average annual generation would be Action Date Internet in lieu of paper; see 18 CFR
4,730,000 kWh. 385.2001(a)(1)(iii) and the instructions
l. A copy of the application is Ready for Environmental April 2006. on the Commission’s Web site under the
available for review at the Commission Analysis Notice.
‘‘e-Filing’’ link. The Commission
in the Public Reference Room or may be Cultural Resources Additional July 30, 2006.
Information due. strongly encourages electronic filings.
viewed on the Commission’s Web site at Please include the project number (P–
http://www.ferc.gov using the Notice of Availability of Envi- September
ronmental Assessment 2006. 12635–000) on any comments or
‘‘eLibrary’’ link. Enter the docket (EA). motions filed.
number excluding the last three digits in Comments on EA due ........... October 2006. The Commission’s Rules of Practice
the docket number field to access the Ready for Commission Deci- November and Procedure require all intervenors
document. For assistance, contact FERC sion on Application. 2006. filing documents with the Commission
Online Support at
to serve a copy of that document on
FERCOnlineSupport@ferc.gov or toll- Magalie R. Salas,
free at 1–866–208–3676, or for TTY, each person in the official service list
(202) 502–8659. A copy is also available Secretary. for the project. Further, if an intervenor
for inspection and reproduction at the [FR Doc. E6–6324 Filed 4–26–06; 8:45 am] files comments or documents with the
address in item g. above. BILLING CODE 6717–01–P Commission relating to the merits of an
You may also register online at issue that may affect the responsibilities
http://www.ferc.gov/docs-filing/ of a particular resource agency, they
esubscription.asp to be notified via e- DEPARTMENT OF ENERGY must also serve a copy of the document
mail of new filings and issuances on that resource agency.
Federal Energy Regulatory j. Description of Project: The proposed
related to this or other pending projects.
Commission pumped storage project would consist of
For assistance, contact FERC Online
Support. Notice of Application Accepted for the following: (1) An upper reservoir
All filings must (1) Bear in all capital Filing and Soliciting Motions To using the existing +200 level of the
letters the title ‘‘COMMENTS’’, ‘‘REPLY Intervene, Protests, and Comments underground Harmony Mine having a
COMMENTS’’, surface area of 99 acres, with a storage
‘‘RECOMMENDATIONS,’’ or ‘‘TERMS April 20, 2006. capacity of 1,900 acre-feet and a normal
AND CONDITIONS.’’ (2) set forth in the Take notice that the following water surface elevation of 200 feet
heading the name of the applicant and hydroelectric application has been filed NGVD, (2) a lower reservoir using the
the project number of the application to with the Commission and is available existing underground –1185 level of the
which the filing responds; (3) furnish for public inspection: Harmony Mine having a surface area of
the name, address, and telephone a. Type of Application: Preliminary 75 acres, with a storage capacity of
number of the person submitting the Permit. 2,500 acre-feet and a normal water
filing; and (4) otherwise comply with b. Project No.: 12635–000. surface elevation of –1,135 feet NGVD,
the requirements of 18 CFR 385.2001 c. Date filed: January 3, 2006. (3) seven identical 1000-foot-long, 96-
through 385.2005. All comments, d. Applicant: Moriah Hydro inch-diameter vertical bored penstocks
recommendations, or terms and Corporation. with grouted steel casing, (4) a proposed
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conditions must set forth their e. Name and Location of Project: The powerhouse containing seven
evidentiary basis and otherwise comply proposed Mineville Pumped Storage generating units having a total installed
with the requirements of 18 CFR 4.34(b). Project would be located in the existing capacity of 189 MW; (5) a proposed 1-
Agencies may obtain copies of the Old Bed, New Bed, and Harmony Mines mile-long, 115 kV transmission line; and
application directly from the applicant. within the town of Moriah in Essex (6) appurtenant facilities.

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Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Notices 24851

The project would have an annual served on the applicant(s) named in this A copy of the application may be
generation of 650 GWh, which would be public notice. obtained by agencies directly from the
sold to a local utility. p. Proposed Scope of Studies under Applicant. If an agency does not file
k. Location of Applications: A copy of Permit—A preliminary permit, if issued, comments within the time specified for
the application is available for does not authorize construction. The filing comments, it will be presumed to
inspection and reproduction at the term of the proposed preliminary permit have no comments. One copy of an
Commission in the Public Reference would be 36 months. The work agency’s comments must also be sent to
Room or may be viewed on the proposed under the preliminary permit the Applicant’s representatives.
Commission’s Web site at http:// would include economic analysis,
www.ferc.gov using the ‘‘eLibrary’’ link. preparation of preliminary engineering Magalie R. Salas,
Enter the docket number excluding the plans, and a study of environmental Secretary.
last three digits in the docket number impacts. Based on the results of these [FR Doc. E6–6325 Filed 4–26–06; 8:45 am]
field to access the document. For studies, the Applicant would decide BILLING CODE 6717–01–P
assistance, call toll-free 1–866–208– whether to proceed with the preparation
3676 or e-mail of a development application to
FERCOnlineSupport@ferc.gov. For TTY, construct and operate the project. DEPARTMENT OF ENERGY
call (202) 502–8659. A copy is also q. Comments, Protests, or Motions to
available for inspection and Intervene—Anyone may submit Federal Energy Regulatory
reproduction at the address in item g comments, a protest, or a motion to Commission
above. intervene in accordance with the [Docket No. RM98–1–000]
l. Individuals desiring to be included requirements of Rules of Practice and
on the Commission’s mailing list should Procedure, 18 CFR 385.210, .211, .214. Records Governing Off-the-Record
so indicate by writing to the Secretary In determining the appropriate action to Communications; Public Notice
of the Commission. take, the Commission will consider all
m. Competing Preliminary Permit— protests or other comments filed, but April 20, 2006.
Anyone desiring to file a competing only those who file a motion to This constitutes notice, in accordance
application for preliminary permit for a intervene in accordance with the with 18 CFR 385.2201(b), of the receipt
proposed project must submit the Commission’s Rules may become a of prohibited and exempt off-the-record
competing application itself, or a notice party to the proceeding. Any comments, communications.
of intent to file such an application, to protests, or motions to intervene must Order No. 607 (64 FR 51222,
the Commission on or before the be received on or before the specified September 22, 1999) requires
specified comment date for the comment date for the particular Commission decisional employees, who
particular application (see 18 CFR 4.36). application. make or receive a prohibited or exempt
Submission of a timely notice of intent Comments, protests and interventions off-the-record communication relevant
allows an interested person to file the may be filed electronically via the to the merits of a contested proceeding,
competing preliminary permit Internet in lieu of paper; See 18 CFR to deliver to the Secretary of the
application no later than 30 days after 385.2001(a)(1)(iii) and the instructions Commission, a copy of the
the specified comment date for the on the Commission’s Web site under ‘‘e- communication, if written, or a
particular application. A competing filing’’ link. The Commission strongly summary of the substance of any oral
preliminary permit application must encourages electronic filing. communication.
conform with 18 CFR 4.30(b) and 4.36. r. Filing and Service of Responsive Prohibited communications are
n. Competing Development Documents—Any filings must bear in included in a public, non-decisional file
Application—Any qualified all capital letters the title associated with, but not a part of, the
development applicant desiring to file a ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT decisional record of the proceeding.
competing development application TO FILE COMPETING APPLICATION’’, Unless the Commission determines that
must submit to the Commission, on or ‘‘COMPETING APPLICATION’’, the prohibited communication and any
before a specified comment date for the ‘‘PROTEST’’, or ‘‘MOTION TO responses thereto should become a part
particular application, either a INTERVENE’’, as applicable, and the of the decisional record, the prohibited
competing development application or a Project Number of the particular off-the-record communication will not
notice of intent to file such an application to which the filing refers. be considered by the Commission in
application. Submission of a timely Any of the above-named documents reaching its decision. Parties to a
notice of intent to file a development must be filed by providing the original proceeding may seek the opportunity to
application allows an interested person and the number of copies provided by respond to any facts or contentions
to file the competing application no the Commission’s regulations to: The made in a prohibited off-the-record
later than 120 days after the specified Secretary, Federal Energy Regulatory communication, and may request that
comment date for the particular Commission, 888 First Street, NE., the Commission place the prohibited
application. A competing license Washington, DC 20426. An additional communication and responses thereto
application must conform with 18 CFR copy must be sent to Director, Division in the decisional record. The
4.30(b) and 4.36. of Hydropower Administration and Commission will grant such a request
o. Notice of Intent—A notice of intent Compliance, Federal Energy Regulatory only when it determines that fairness so
must specify the exact name, business Commission, at the above-mentioned requires. Any person identified below as
address, and telephone number of the address. A copy of any notice of intent, having made a prohibited off-the-record
prospective applicant, and must include competing application or motion to communication shall serve the
an unequivocal statement of intent to intervene must also be served upon each document on all parties listed on the
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submit, if such an application may be representative of the Applicant official service list for the applicable
filed, either a preliminary permit specified in the particular application. proceeding in accordance with Rule
application or a development s. Agency Comments—Federal, State, 2010, 18 CFR 385.2010.
application (specify which type of and local agencies are invited to file Exempt off-the-record
application). A notice of intent must be comments on the described application. communications are included in the

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