Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices 24943 

20 Vantage Wind December 20 Filing at 10 (citing 

Grand Ridge Energy, LLC, 128 FERC ¶ 61,134 

(2009), Hardee Power Partners Limited, 125 FERC 

¶ 61,036 (2008), Wolverine Creek Goshen 

Interconnection, LLC, Docket No. ER06–267–000 

(Jan. 13, 2006) (delegated letter order); Hardee 

Power Partners Limited, 114 FERC ¶ 61,131 (2006)). 

21Order No. 697, FERC Stats. & Regs. ¶ 31,252 at 

P 440. 

22 Id. P 447; Order No. 697–A, FERC Stats. & Regs. 

¶ 31,268 at P 176. 

23Order No. 697, FERC Stats. & Regs. ¶ 31,252 at 

P 447. 

24 Id. P 446. 

25Revised Public Utility Filing Requirements, 

Order No. 2001, FERC Stats. & Regs. ¶ 31,127, reh’g 

denied, Order No. 2001–A, 100 FERC ¶ 61,074, 

reh’g denied, Order No. 2001–B, 100 FERC 

¶ 61,342, order directing filing, Order No. 2001–C, 

101 FERC ¶ 61,314 (2002), order directing filing, 

Order No. 2001–D, 102 FERC ¶ 61,334 (2003). 

Attachments B and C of Order No. 2001 describe 

the required data sets for contractual and 

transaction information. Public utilities must 

submit EQRs to the Commission using the EQR 

Submission System Software, which may be 

downloaded from the Commission’s Web site at 

http://www.ferc.gov/docs-filing/eqr.asp. 

26The exact filing dates for these reports are 

prescribed in 18 CFR 35.10b (2011). Failure to file 

an EQR (without an appropriate request for 

extension), or failure to report an agreement in an 

EQR, may result in forfeiture of market-based rate 

authority, requiring filing of a new application for 

market-based rate authority if the applicant wishes 

to resume making sales at market-based rates. 

27Reporting Requirement for Changes in Status 

for Public Utilities with Market-Based Rate 

Authority, Order No. 652, FERC Stats. & Regs. 

¶ 31,175, order on reh’g, 111 FERC ¶ 61,413 (2005); 

18 CFR 35.42(a) (2011). 

28Order No. 697, FERC Stats. & Regs. ¶ 31,252 at 

P 882. See Vantage Wind Energy, LLC, Docket No. 

ER10–956–000, at 2 (May 26, 2010) (delegated letter 

order). 

29 Id. P 853. 

purchasers or (ii) permit third parties to 

use but because of the discrete nature of 

such interconnection facilities have 

received waivers from the Commission 

of open access transmission 

requirements.20 Vantage Wind 

represents that such waivers remain 

appropriate because the facts and 

circumstances upon which they were 

originally granted have not changed. 

24. The Commission also considers a 

seller’s ability to erect other barriers to 

entry as part of the vertical market 

power analysis.21 The Commission 

requires a seller to provide a description 

of its ownership or control of, or 

affiliation with an entity that owns or 

controls, intrastate natural gas 

transportation, storage or distribution 

facilities; sites for generation capacity 

development; and physical coal supply 

sources and ownership of or control 

over who may access transportation of 

coal supplies (collectively, inputs to 

electric power production).22 The 

Commission also requires sellers to 

make an affirmative statement that they 

have not erected barriers to entry into 

the relevant market and will not erect 

barriers to entry into the relevant 

market.23 The Commission adopted a 

rebuttable presumption that the 

ownership or control of, or affiliation 

with any entity that owns or controls, 

inputs to electric power production 

does not allow a seller to raise entry 

barriers but will allow intervenors to 

demonstrate otherwise.24

25. With regard to other barriers to 

entry, Vantage Wind states that it does 

not, nor does Invenergy Investment, 

Polsky Energy or their affiliates, own or 

control in the United States: (i) 

Intrastate natural gas transportation, 

storage or distribution facilities or 

companies that own or control such 

facilities, or (ii) coal resources or 

transportation facilities or companies 

that own or control such things. 

Moreover, Vantage Wind states that it 

and its affiliates do not own or control 

sites located within the Puget balancing 

authority area that could be used to 

impose barriers to market entry by other 

wholesale power suppliers. Vantage 

Wind states that it owns or has land 

rights to the site for its generation 

facilities and that other affiliates of 

Invenergy Investment own, or may 

acquire in the future, certain property 

rights in land for the potential 

development of generation in places 

within in the United States including 

the Puget balancing authority area. 

26. Finally, consistent with Order No. 

697, Vantage Wind affirmatively states 

that it and its affiliates have not erected 

barriers to entry and will not erect 

barriers to entry in the relevant 

geographic market. 

27. Based on Vantage Wind’s 

representations, we find that Vantage 

Wind satisfies the Commission’s 

requirements for market-based rate 

authority regarding vertical market 

power. 

B. Reporting Requirements 

28. Consistent with the procedures 

that the Commission adopted in Order 

No. 2001, an entity with market-based 

rates must electronically file an Electric 

Quarterly Report (EQR) with the 

Commission containing: (1) A summary 

of the contractual terms and conditions 

in every effective service agreement for 

market-based power sales; and (2) 

transaction information for effective 

short-term (less than one year) and longterm (one year or longer) market-based 

power sales during the most recent 

calendar quarter.25 Public utilities must 

file EQRs no later than 30 days after the 

end of the reporting quarter.26

29. Additionally, Vantage Wind must 

timely report to the Commission any 

change in status that would reflect a 

departure from the characteristics the 

Commission relied upon in granting 

market-based rate authority.27

30. Vantage Wind must also file 

updated market power analyses for all 

regions in which it is designated as a 

Category 2 seller in compliance with the 

regional reporting schedule adopted in 

Order No. 697.28 The Commission 

reserves the right to require an updated 

market power analysis at any time.29

The Commission orders: 

(A) Vantage Wind’s updated market 

power analysis is hereby accepted for 

filing, as discussed in the body of this 

order. 

(B) Vantage Wind is hereby directed 

to file an updated market analysis for all 

regions in which it is designated as a 

Category 2 seller in compliance with the 

regional reporting schedule adopted in 

Order No. 697. 

(C) The Secretary is hereby directed to 

publish a copy of this order in the 

Federal Register. 

Issued April 23, 2012. 

By the Commission. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2012–10085 Filed 4–25–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 12778–004] 

Fall Creek Hydro, LLC; Notice of 

Application Accepted for Filing, 

Soliciting Motions To Intervene and 

Protests, Ready for Environmental 

Analysis, and Soliciting Comments, 

Recommendations, Preliminary Terms 

and Conditions, and Preliminary 

Fishway Prescriptions 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: Original Major 

License. 

b. Project No.: 12778–004. 

c. Date filed: February 28, 2011. 

d. Applicant: Fall Creek Hydro, LLC. 

e. Name of Project: Fall Creek Dam 

Hydroelectric Project. 

f. Location: The proposed project 

would be constructed at the existing 

U.S. Army Corps of Engineer’s (Corps) 

Fall Creek Dam located on Fall Creek 

near the towns of Springfield and 

Eugene in Lane County, Oregon. The 

project would occupy 6.53 acres of 

Federal lands managed by the Corps. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791(a)–825(r). 


tkelley on DSK3SPTVN1PROD with NOTICES
24944 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices 

h. Applicant Contact: Brent L. Smith, 

Chief Operating Officer; Symbiotics 

LLC; 371 Upper Terrace, Suite 2, Bend, 

OR 97702; Telephone (541) 330–8779. 

i. FERC Contact: Lee Emery, 

Telephone (202) 502–8379 and email 

lee.emery@ferc.gov. 

j. Deadline for filing motions to 

intervene and protests, comments, 

recommendations, preliminary terms 

and conditions, and preliminary 

prescriptions: 60 days from the issuance 

date of this notice; reply comments are 

due 105 days from the issuance date of 

this notice. Motions to intervene, 

protests, comments, recommendations, 

preliminary terms and conditions, and 

preliminary fishway prescriptions may 

be filed electronically via the Internet. 

See 18 CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site http://www.ferc.gov/docs-filing/ 

efiling.asp. Commenters can submit 

brief comments up to 6,000 characters, 

without prior registration, using the 

eComment system at http:// 

www.ferc.gov/docs-filing/ 

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. For assistance, 

please contact FERC Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at 1–866–208–3676, or for TTY, 

(202) 502–8659. Although the 

Commission strongly encourages 

electronic filing, documents 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. 

The Commission’s Rules of Practice 

require all intervenors filing documents 

with the Commission to serve a copy of 

that document on each person on the 

official service list for the project. 

Further, if an intervenor files comments 

or documents with the Commission 

relating to the merits of an issue that 

may affect the responsibilities of a 

particular resource agency, they must 

also serve a copy of the document on 

that resource agency. 

k. This application has been accepted 

for filing and is now is ready for 

environmental analysis. 

l. The proposed project would utilize 

the existing Corps’ Fall Creek Dam and 

Fall Creek Reservoir, and would consist 

of the following new facilities: (1) Three 

water inlet structures with a total 

capacity of 625 cubic feet per second, 

built on the upstream face of the dam 

drawing water from elevations 720, 765 

and 800 mean sea level; (2) a 32-footlong, 22-foot-wide valve control 

structure for the three water inlets; (3) 

an 8-foot-diameter, approximately 570- 

foot-long penstock grouted to the 

existing south side concrete outlet 

structure; (4) a 10-foot-high, 5.5-footwide penstock isolation gate located at 

the downstream end of the penstock and 

maintaining hydraulic pressure in the 

penstock; (5) two 8-foot-diameter 

bifurcations located approximately 70 

feet upstream of the penstock isolation 

gate; (6) two 110-foot-long, 8-footdiameter penstocks; (7) two Eicher 

screens, one per penstock; (8) a 48.5- 

foot-long, 44-foot-wide concrete fish 

screen enclosure; (9) a 26-foot-long 

penstock convergence and trifurcation 

section leading to two Francis and one 

Kaplan turbine-generating units with a 

total installed capacity of 10 megawatts 

(MW); (10) a 75-foot-long, 60-foot-wide 

concrete powerhouse; (11) a network of 

pipes supplying water to an existing 

Corps fish collection facility during 

powerhouse operation or shutdown; 

(12) an approximately 100-foot-long, 64- 

foot-wide concrete tailrace channel 

equipped with picket barrier to prevent 

fish from accessing the turbine runners; 

(13) a 2,850-foot-long fish bypass system 

starting at the Eicher screens and 

consisting of (a) two 1,430-foot-long by 

24-inch-diameter pipes each with 24 

outlets discharging into an 

approximately 1,420-foot-long, 24-inchwide and 24-inch-deep ‘‘U’’ shaped 

concrete open channel return chute; and 

(b) an approximately 33-foot-long, 23- 

foot-wide fish evaluation station located 

approximately 370 feet upstream from 

where the return chute discharges back 

into Fall Creek; (14) a 442-foot-long, 

12.5 kilovolt buried transmission line 

connecting the powerhouse to an 

existing overhead transmission line 

which is part of the local grid; and (15) 

appurtenant facilities. The project 

would occupy 6.53 acres of Federal 

lands owned and managed by the Corps. 

The average annual generation is 

estimated to be 21,220 megawatt-hours. 

m. A copy of the application is 

available for review at the Commission 

in the Public Reference Room or may be 

viewed on the Commission’s Web site at 

http://www.ferc.gov using the 

‘‘eLibrary’’ link. Enter the docket 

number excluding the last three digits in 

the docket number field to access the 

document. For assistance, contact FERC 

Online Support. A copy is also available 

for inspection and reproduction at the 

address in item h above. 

Register online at 

http://www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via 

email of new filings and issuances 

related to this or other pending projects. 

For assistance, contact FERC Online 

Support. 

n. Anyone may submit comments, a 

protest, or a motion to intervene in 

accordance with the requirements of 

Rules of Practice and Procedure, 18 CFR 

385.210, .211, .and 214. In determining 

the appropriate action to take, the 

Commission will consider all protests or 

other comments filed, but only those 

who file a motion to intervene in 

accordance with the Commission’s 

Rules may become a party to the 

proceeding. Any comments, protests, or 

motions to intervene must be received 

on or before the specified comment date 

for the particular application. 

All filings must (1) bear in all capital 

letters the title ‘‘PROTEST,’’ ‘‘MOTION 

TO INTERVENE,’’ ‘‘COMMENTS,’’ 

‘‘REPLY COMMENTS,’’ 

‘‘RECOMMENDATIONS,’’ 

‘‘PRELIMINARY TERMS AND 

CONDITIONS,’’ or ‘‘PRELIMINARY 

FISHWAY PRESCRIPTIONS;’’ (2) set 

forth in the heading the name of the 

applicant and the project number of the 

application to which the filing 

responds; (3) furnish the name, address, 

and telephone number of the person 

protesting or intervening; and (4) 

otherwise comply with the requirements 

of 18 CFR 385.2001 through 385.2005. 

All comments, recommendations, terms 

and conditions or prescriptions must set 

forth their evidentiary basis and 

otherwise comply with the requirements 

of 18 CFR 4.34(b). Agencies may obtain 

copies of the application directly from 

the applicant. A copy of any protest or 

motion to intervene must be served 

upon each representative of the 

applicant specified in the particular 

application. 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. 

o. Procedural Schedule: 

The application will be processed 

according to the following revised 

Hydro Licensing Schedule. Revisions to 

the schedule may be made as 

appropriate. 

Milestone Target date 

Filing of recommendations, preliminary terms and conditions, and preliminary fishway prescriptions ........................................... June 2012. 

Commission issues Draft EA ............................................................................................................................................................ December 2012. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices 24945 

Milestone Target date 

Comments on Draft EA .................................................................................................................................................................... January 2013. 

Modified Terms and Conditions ........................................................................................................................................................ March 2013. 

Commission Issues Final EA ............................................................................................................................................................ June 2013. 

p. Final amendments to the 

application must be filed with the 

Commission no later than 30 days from 

the issuance date of this notice. 

q. A license applicant must file no 

later than 60 days following the date of 

issuance of the notice of acceptance and 

ready for environmental analysis 

provided for in 5.22: (1) A copy of the 

water quality certification; (2) a copy of 

the request for certification, including 

proof of the date on which the certifying 

agency received the request; or (3) 

evidence of waiver of water quality 

certification. 

r. Any qualified applicant desiring to 

file a competing application must 

submit to the Commission, on or before 

the specified intervention deadline date, 

a competing development application, 

or a notice of intent to file such an 

application. Submission of a timely 

notice of intent allows an interested 

person to file the competing 

development application no later than 

120 days after the specified intervention 

deadline date. Applications for 

preliminary permits will not be 

accepted in response to this notice. 

A notice of intent must specify the 

exact name, business address, and 

telephone number of the prospective 

applicant, and must include an 

unequivocal statement of intent to 

submit a development application. A 

notice of intent must be served on the 

applicant(s) named in this public notice. 

Dated: April 19, 2012. 

Kimberly D. Bose, 

Secretary . 

[FR Doc. 2012–10071 Filed 4–25–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 

Filings Instituting Proceedings 

Docket Numbers: RP12–604–000. 

Applicants: Columbia Gas 

Transmission, LLC. 

Description: TCRA 2012 to be 

effective 6/1/2012. 

Filed Date: 4/13/12. 

Accession Number: 20120413–5068. 

Comments Due: 5 p.m. ET 4/25/12. 

Docket Numbers: RP12–605–000. 

Applicants: Columbia Gas 

Transmission, LLC. 

Description: OTRA—April 2012 to be 

effective 6/1/2012. 

Filed Date: 4/13/12. 

Accession Number: 20120413–5120. 

Comments Due: 5 p.m. ET 4/25/12. 

Docket Numbers: RP12–606–000. 

Applicants: El Paso Natural Gas 

Company. 

Description: El Paso Natural Gas 

Company Request for Waiver Filing. 

Filed Date: 4/16/12. 

Accession Number: 20120416–5057. 

Comments Due: 5 p.m. ET 4/30/12. 

Docket Numbers: RP12–607–000. 

Applicants: Anadarko Energy Services 

Company, Western Gas Resources Inc., 

Kerr McGee Energy Services 

Corporation, Kerr McGee (Nevada) LLC. 

Description: Joint Petition of Kerr 

McGee Energy Services. Corporation, et 

al. for Temporary Waivers of Capacity 

Release Regulations and Policies, & 

Request for Shortened Comment Period 

& Expedited Treatment. 

Filed Date: 4/12/12. 

Accession Number: 20120412–5237. 

Comments Due: 5 p.m. ET 4/24/12. 

Docket Numbers: RP12–608–000. 

Applicants: Natural Gas Pipeline 

Company of America. 

Description: Tenaska Gas Negotiated 

Rate to be effective 4/16/2012. 

Filed Date: 4/16/12. 

Accession Number: 20120416–5162. 

Comments Due: 5 p.m. ET 4/30/12. 

Docket Numbers: RP12–609–000. 

Applicants: Texas Gas Transmission, 

LLC. 

Description: Authorization for Sale of 

Excess Storage Inventory filing to be 

effective 5/17/2012. 

Filed Date: 4/16/12. 

Accession Number: 20120416–5175. 

Comments Due: 5 p.m. ET 4/30/12. 

Docket Numbers: RP12–610–000. 

Applicants: Columbia Gas 

Transmission, LLC. 

Description: Columbia Gas 

Transmission, LLC submits tariff filing 

per 154.204: Negotiated Rate Service 

Agreement—South Jersey to be effective 

5/17/2012. 

Filed Date: 4/17/12. 

Accession Number: 20120417–5076. 

Comments Due: 5 p.m. ET 4/30/12. 

Any person desiring to intervene or 

protest in any of the above proceedings 

must file in accordance with Rules 211 

and 214 of the Commission’s 

Regulations (18 CFR 385.211 and 

385.214) on or before 5:00 p.m. Eastern 

time on the specified comment date. 

Protests may be considered, but 

intervention is necessary to become a 

party to the proceeding. 

Filings in Existing Proceedings 

Docket Numbers: RP11–1566–009. 

Applicants: Tennessee Gas Pipeline 

Company, LLC. 

Description: Rate Case 2011 Refund 

Report to be effective N/A. 

Filed Date: 4/13/12. 

Accession Number: 20120413–5140. 

Comments Due: 5 p.m. ET 4/25/12. 

Docket Numbers: RP12–458–002. 

Applicants: Eastern Shore Natural Gas 

Company. 

Description: Docket No. RP12–458 

Compliance Filing to be effective 4/13/ 

2012. 

Filed Date: 4/16/12. 

Accession Number: 20120416–5146. 

Comments Due: 5 p.m. ET 4/30/12. 

Any person desiring to protest in any 

the above proceedings must file in 

accordance with Rule 211 of the 

Commission’s Regulations (18 CFR 

385.211) on or before 5:00 p.m. Eastern 

time on the specified comment date. 

The filings are accessible in the 

Commission’s eLibrary system by 

clicking on the links or querying the 

docket number. 

eFiling is encouraged. More detailed 

information relating to filing 

requirements, interventions, protests, 

and service can be found at: http:// 

www.ferc.gov/docs-filing/efiling/filingreq.pdf. For other information, call (866) 

208–3676 (toll free). For TTY, call (202) 

502–8659. 

Dated: April 17, 2012. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2012–10037 Filed 4–25–12; 8:45 am] 

BILLING CODE 6717–01–P 


tkelley on DSK3SPTVN1PROD with NOTICES