18536 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices 

accruing interest on outstanding Direct 

Subsidized Loans. 

[FR Doc. 2014–07294 Filed 4–1–14; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

State Energy Advisory Board (STEAB) 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of open teleconference. 

SUMMARY: This notice announces a 

teleconference call of the State Energy 

Advisory Board (STEAB). The Federal 

Advisory Committee Act (Pub. L. 92– 

463; 86 Stat.770) requires that public 

notice of these meetings be announced 

in the Federal Register. 

DATES: Thursday, April 17, 2014 from 

3:30 p.m. to 4:00 p.m. (EDT). To receive 

the call-in number and passcode, please 

contact the Board’s Designated Federal 

Officer (DFO) at the address or phone 

number listed below. 

FOR FURTHER INFORMATION CONTACT: Julie 

Hughes, STEAB Designated Federal 

Officer, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, 1000 Independence 

Ave. SW., Washington DC 20585. Phone 

number 202–320–9703, and email at: 

Julie.Hughes@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Board: To make 

recommendations to the Assistant 

Secretary for the Office of Energy 

Efficiency and Renewable Energy 

regarding goals and objectives, 

programmatic and administrative 

policies, and to otherwise carry out the 

Board’s responsibilities as designated in 

the State Energy Efficiency Programs 

Improvement Act of 1990 (Pub. L. 101– 

440). 

Tentative Agenda: Follow-up from 

March’s in-person live Board meeting, 

receive STEAB Task Force updates, and 

look at next-steps and action items to 

maintain momentum. 

Public Participation: The meeting is 

open to the public. Written statements 

may be filed with the Board either 

before or after the meeting. Members of 

the public who wish to make oral 

statements pertaining to agenda items 

should contact Julie Hughes at the 

address or telephone number listed 

above. Requests to make oral comments 

must be received five days prior to the 

meeting; reasonable provision will be 

made to include requested topic(s) on 

the agenda. The Chair of the Board is 

empowered to conduct the meeting in a 

fashion that will facilitate the orderly 

conduct of business. 

Minutes: The minutes of the meeting 

will be available for public review and 

copying within 60 days on the STEAB 

Web site at: www.steab.org. 

Issued at Washington, DC, on March 26, 

2014. 

LaTanya R. Butler, 

Deputy Committee Management Officer. 

[FR Doc. 2014–07355 Filed 4–1–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. VHE–002] 

Notice of Petition for Waiver and Grant 

of Interim Waiver of Empire Comfort 

Systems From the DOE Vented Home 

Heating Equipment Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Petition for Waiver, 

Granting of Application for Interim 

Waiver, and Request for Public 

Comments. 

SUMMARY: This notice announces receipt 

of and publishes the Empire Comfort 

Systems Inc. (Empire) petition for 

waiver from the U.S. Department of 

Energy (DOE) test procedure for 

determining the energy consumption of 

vented home heating equipment. The 

waiver request pertains to Empire’s 

specified models of condensing-type 

vented heaters. The existing test 

procedure does not apply to condensing 

heaters. Empire asks that it be permitted 

to use the DOE test procedure proposed 

in the Notice of Proposed Rulemaking 

(NOPR) for Direct Heating Equipment 

and Pool Heaters published in the 

Federal Register on October 24, 2013 

(78 FR 63410), as an alternate test 

procedure to account for the energy 

consumption of its condensing-type 

direct heating equipment (DHE) models. 

DOE notes that only one of the basic 

model numbers submitted in the 

petition is a covered product subject to 

the test methods for vented home 

heating equipment. Today’s notice also 

grants Empire an interim waiver from 

the DOE test procedure applicable to 

direct heating equipment for the one 

basic model number properly included 

in the petition, subject to use of the 

alternative test procedure set forth in 

this notice. DOE solicits comments, 

data, and information concerning 

Empire’s petition and the suggested 

alternate test procedure. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Empire Petition until, but no later than 

May 2, 2014. 

ADDRESSES: You may submit comments, 

identified by case number VHE–002, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: AS_Waiver_Requests@

ee.doe.gov. Include the case number 

[Case No. VHE–002] in the subject line 

of the message. Submit electronic 

comments in WordPerfect, Microsoft 

Word, PDF, or ASCII file format, and 

avoid the use of special characters or 

any form of encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

Petition for Waiver Case No. VHE–002, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. If possible, 

please submit all items on a compact 

disc (CD), in which case it is not 

necessary to include printed copies. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Office, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/

materials, is available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

For further information on how to 

submit a comment, or review other 

public comments and the docket, 

contact Ms. Brenda Edwards at (202) 

586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Office, 

Mail Stop EE–5B, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. Telephone: (202) 586–0371. 

Email: Bryan.Berringer@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0103. Telephone: (202) 586–9507. 

Email: Eric.Stas@hq.doe.gov. 

For information on how to submit or 

review public comments, contact Ms. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices 18537 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 2All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act 

(AEMTCA), Public Law 112–210 (Dec. 18, 2012). 

3On July 21, 2011, Empire originally filed a 

petition for waiver from the DOE test procedure for 

residential vented home heating equipment for 

specified condensing-type direct heating equipment 

models applicable to its Mantis vented gas fireplace 

systems. The DOE test procedure in appendix O has 

no provisions for testing condensing-type direct 

heating equipment. On November 3, 2011, DOE 

published the Empire petition for waiver (Case No. 

VHE–001) from the vented home heating equipment 

test procedure in the Federal Register (76 FR 

68180). The notice provided for the submission of 

comments by December 5, 2011. Because all known 

manufacturers of domestically-marketed units of 

the same product type were not timely notified that 

DOE published the Petition for Waiver, DOE 

determined that re-opening of the public comment 

period was appropriate. On February 1, 2012, DOE 

published a notice of re-opening of public comment 

period in the Federal Register (77 FR 5001) with 

the comment period ending on March 2, 2012. DOE 

received no comments during the initial petition for 

waiver nor during the re-opening of public 

comment period. In the January 20, 2014 request, 

Empire stated that the list of models in the original 

waiver submitted to DOE on July 21, 2011 is no 

longer accurate and is superseded by its latter 

petition. Thus, DOE has withdrawn the petition 

under Case No. VHE–001. 

4On February 8, 2013, the U.S. Court of Appeals 

for the District of Columbia Circuit (D.C. Circuit) 

issued a decision vacating the DOE definition of 

‘‘Vented hearth heater’’ at 10 CFR 430.2, and 

remanded the issue to DOE to interpret the 

challenged provisions consistent with the court’s 

opinion. Hearth, Patio & Barbecue Association v. 

U.S. Department of Energy, 706 F.3d 499, 509 (D.C. 

Cir. 2013). Since that time, DOE has published a 

proposed coverage determination that would 

classify all hearth products as a new covered 

product pursuant to 42 U.S.C. 6292(a)(20) and (b). 

78 FR 79638 (Dec. 31, 2013). 

Brenda Edwards, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Email: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B 1 of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, which 

includes the vented home heating 

equipment that is the focus of this 

notice.2 Part B includes definitions, test 

procedures, labeling provisions, energy 

conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

Part B authorizes the Secretary of 

Energy to prescribe test procedures that 

are reasonably designed to produce 

results which measure the energy 

efficiency, energy use, or estimated 

annual operating costs of a covered 

product, and that are not unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)) The test procedure for 

vented home heating equipment is 

contained in 10 CFR part 430, subpart 

B, appendix O, Uniform Test Method for 

Measuring the Energy Consumption of 

Vented Home Heating Equipment. 

The regulations set forth at 10 CFR 

430.27 contain provisions that enable a 

person to seek a waiver from the test 

procedure requirements for covered 

products. The Assistant Secretary for 

Energy Efficiency and Renewable 

Energy (the Assistant Secretary) will 

grant a waiver if it is determined that 

the basic model for which the petition 

for waiver was submitted contains one 

or more design characteristics that 

prevents testing of the basic model 

according to the prescribed test 

procedures, or if the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(l). Petitioners should include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption. The Assistant Secretary 

may grant the waiver subject to 

conditions, including adherence to 

alternate test procedures. Id. Waivers 

remain in effect pursuant to the 

provisions of 10 CFR 430.27(m). 

The waiver process also allows the 

Assistant Secretary to grant an interim 

waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures if it is 

determined that the applicant will 

experience economic hardship if the 

application for interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or if the 

Assistant Secretary determines that it 

would be desirable for public policy 

reasons to grant immediate relief 

pending a determination on the petition 

for waiver. 10 CFR 430.27(a)(2) and (g). 

An interim waiver remains in effect for 

a period of 180 days or until DOE issues 

its determination on the petition for 

waiver, whichever is sooner, and may 

be extended for an additional 180 days, 

if necessary. 10 CFR 430.27(h). 

II. Petition for Waiver of Test Procedure 

and Application for Interim Waiver 

On January 20, 2014, Empire filed a 

petition for waiver for condensing-type 

direct heating equipment models from 

the test procedure applicable to vented 

home heating equipment set forth in 10 

CFR part 430, subpart B, appendix O.3

In its petition, Empire seeks a waiver 

from the existing DOE test procedure for 

its vented gas heaters and fireplace 

systems under 10 CFR part 430 because 

Empire asserts that the existing test 

procedure does not account for 

condensing-type heating equipment. 

Empire seeks to use the test method 

proposed by DOE in a NOPR for Direct 

Heating Equipment and Pool Heaters 

published in the Federal Register on 

October 24, 2013 (78 FR 63410) 

(hereinafter the ‘‘October 2013 NOPR’’), 

as an alternate test procedure to account 

for the energy consumption of its 

condensing-type DHE models. That 

notice, in relevant part, defines the term 

‘‘condensing vented heater’’ and 

provides a method for testing these 

devices. 

DOE notes that of the eight basic 

model numbers set forth in Empire’s 

petition, only one (PVS (18, 

35)(K)(N)(P)) qualifies as a covered DHE 

product. The remaining seven basic 

models (which are fireplaces, fireplace 

inserts, or stoves) are hearth products 

and are, therefore, subject to neither the 

test procedure requirements of 10 CFR 

part 430, subpart B, appendix O nor the 

proposed requirements of the October 

2013 NOPR.4 Therefore, only one of the 

basic models submitted in the petition 

was considered for waiver. For the 

remaining basic models, since testing of 

hearth products is not required under 

DOE regulations at this time, there is no 

need to consider a waiver for such 

models. However, if Empire chooses to 

conduct testing to make representations 

regarding the energy efficiency of these 

products, the company is free to use any 

test procedure it deems appropriate. 

Empire also requests an interim 

waiver from the existing DOE test 

procedure for immediate relief. As 

noted above, an interim waiver may be 

granted if it is determined that the 

applicant will experience economic 

hardship if the application for interim 

waiver is denied, if it appears likely that 

the petition for waiver will be granted, 

and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination of the petition for waiver. 

See 10 CFR 430.27(g). 

DOE has determined that Empire’s 

application for interim waiver does not 

provide sufficient market, equipment 

price, shipments, and other 

manufacturer impact information to 


tkelley on DSK3SPTVN1PROD with NOTICES
18538 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices 

permit DOE to evaluate the economic 

hardship Empire might experience 

absent a favorable determination on its 

application for interim waiver. DOE 

understands, however, that absent an 

interim waiver, the basic model 

submitted by Empire that qualifies as a 

covered product could not be tested and 

rated for energy consumption on a basis 

representative of its true energy 

consumption characteristics. It is in the 

public interest to have similar products 

tested and rated for energy consumption 

on a comparable basis, where possible. 

Furthermore, DOE has determined that 

Empire is likely to succeed on the 

merits of its petition for waiver and that 

it is desirable for public policy reasons 

to grant immediate relief. Empire 

requests to use the test method 

proposed by DOE in the October 2013 

NOPR as an alternate test procedure to 

account for the energy consumption of 

its condensing-type direct heating 

equipment models; that notice, in 

relevant part, defines the term 

‘‘condensing vented heater’’ and 

provides a method for testing these 

devices, thereby providing a suitable 

vehicle for testing these products and 

making representations as to their 

energy efficiency. 

III. Interim Waiver Granted 

For the reasons stated above, DOE 

grants Empire’s application for interim 

waiver from testing of its condensing 

vented gas heater system. DOE cannot 

grant Empire’s application for interim 

waiver of its vented hearth products, as 

these products do not meet the 

definition of direct heating equipment. 

Therefore, it is ordered that: 

The application for interim waiver 

filed by Empire is hereby granted for 

Empire’s condensing vented gas heater 

system, subject to the following 

specifications and conditions below. 

Empire shall not be required to test its 

condensing vented gas heater system on 

the basis of the test procedure at 10 CFR 

part 430, subpart B, appendix O, but 

instead, it shall be required to test and 

rate that system according to the 

alternate test procedure as set forth in 

section IV, ‘‘Alternate test procedure.’’ 

Testing is not required at this time for 

all other basic models listed in the 

petition that refer to hearth products 

(i.e., those that are fireplaces, fireplace 

inserts, or stoves), although if Empire 

elects to test such models, it may use an 

appropriate test procedure of its 

choosing. 

Specifically, the interim waiver 

applies to the following basic model 

(condensing vented heater): 

PVS (18,35) (K)(N)(P) 

The interim waiver does not apply to 

the following basic models (condensing 

fireplaces, fireplace inserts, and stoves): 

FG28BM (K)(N)(P) 

IG28BM (N)(P) 

BF28 (B,C,G)M(K)(N)(P) 

BP28 (B,C,G)M(K)(N)(P) 

BI28 (B,C,G)M(K)(N)(P) 

FF28BM (K)(N)(P) 

FI28BM (N)(P) 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. Empire may submit a 

new or amended petition for waiver and 

request for grant of interim waiver, as 

appropriate, for additional models of 

vented gas heater systems for which it 

seeks a waiver from the DOE test 

procedure. In addition, DOE notes that 

granting of an interim waiver or waiver 

does not release a petitioner from the 

certification requirements set forth at 10 

CFR part 429. 

Further, this interim waiver is 

conditioned upon the presumed validity 

of statements, representations, and 

documents provided by the petitioner. 

DOE may revoke or modify this interim 

waiver at any time upon a 

determination that the factual basis 

underlying the petition for waiver is 

incorrect, or upon a determination that 

the results from the alternate test 

procedure are unrepresentative of the 

basic models’ true energy consumption 

characteristics. 

IV. Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures to make 

representations about the energy 

consumption and energy consumption 

costs of products covered by the statute. 

(42 U.S.C. 6293(c)) Consistent 

representations are important for 

manufacturers to use in making 

representations about the energy 

efficiency of their products and to 

demonstrate compliance with 

applicable DOE energy conservation 

standards, as well as for consumers who 

rely upon such representations in 

making purchasing decisions. Pursuant 

to its regulations applicable to waivers 

and interim waivers from applicable test 

procedures at 10 CFR 430.27, DOE will 

consider setting an alternate test 

procedure for Empire in a subsequent 

Decision and Order. 

During the period of the interim 

waiver granted in this notice, Empire 

shall test the product listed above 

according to the test procedures for 

condensing vented heaters proposed by 

DOE in the NOPR test procedure rule 

published October 24, 2013 (78 FR 

63410). At this time, testing is not 

required for hearth products (e.g., 

fireplaces, fireplace inserts, or stoves), 

and these products are not covered by 

the test procedure at 10 CFR part 430, 

subpart B, appendix O, or the October 

2013 NOPR. If Empire elects to test 

hearth product models, it may use an 

appropriate test procedure of its 

choosing. 

V. Summary and Request for Comments 

Through today’s notice, DOE 

announces receipt of Empire’s petition 

for waiver from the DOE test procedure 

for vented home heating equipment and 

grants Empire an interim waiver from 

the test procedure for its PVS (18, 

35)(K)(N)(P) condensing direct heater 

model. DOE publishes Empire’s petition 

for waiver in its entirety. The petition 

does not contain confidential 

information. The petition includes a 

suggested alternate test procedure to 

determine the energy efficiency of 

Empire’s specified condensing direct 

heaters. DOE has required use of this 

alternate test procedure as a condition 

of its grant of interim waiver and is 

considering including this alternate 

procedure in its subsequent Decision 

and Order. 

DOE solicits comments from 

interested parties on all aspects of the 

petition, including the suggested 

alternate test procedure and calculation 

methodology. Any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is: Mr. Kenneth J. Belding, 

Vice President—Delivery Support 

Services, Empire Comfort Systems, Inc., 

918 Freeburg Avenue, Belleville, Illinois 

62220–2623. All submissions received 

must include the agency name and case 

number for this proceeding. Submit 

electronic comments in WordPerfect, 

Microsoft Word, Portable Document 

Format (PDF), or text (American 

Standard Code for Information 

Interchange (ASCII)) file format and 

avoid the use of special characters or 

any form of encryption. Wherever 

possible, include the electronic 

signature of the author. DOE does not 

accept telefacsimiles (faxes). 

Pursuant to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies to DOE: one 

copy of the document marked 

‘‘confidential’’ with all of the 

information believed to be confidential 

included, and one copy of the document 

marked ‘‘non-confidential’’ with all of 

the information believed to be 

confidential deleted. DOE will make its 

own determination about the 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices 18539 

confidential status of the information 

and treat it according to its 

determination. 

Issued in Washington, DC, on March 26, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 


tkelley on DSK3SPTVN1PROD with NOTICES
18540 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices 


tkelley on DSK3SPTVN1PROD with NOTICESEN02AP14.000</GPH>

From: Ken Belding [mailto 

Sent: Monday, January 20, 2014 05:44 PM 

To: Armstrong, Ashley 

Cc: Cymbalsky, John 

Subject: FW: RE: Test Procedures for Direct Heating Equipment (DHE) and Pool Heaters; RIN 

1904-AC94 Docket # EERE-2013-BT-TP-0004 

Dear Ms. Armstrong, 

Thank you for your timely response to my earlier note, we appreciate it. 

As you are aware, the prescribed test procedure for Empire Comfort Systems high efficiency 

models that produce condensate from the products of combustion evaluates the basic model in a 

manner as to be unrepresentative of it's true energy consumption characteristics so as to provide 

materially inaccurate comparative data. Because of this, it is our desire to use the revised test 

procedure for condensing Direct Heating Equipment (DHE) as soon as possible. 

The list of models in the original waiver we submitted to the DOE is no longer accurate. The 

revised, accurate list is below. 

This is our official request for the DOE to issue us a waiver/interim waiver as soon as possible. 

We also understand that we potentially will need to retest for efficiency certification when the 

final testing methodology is released by the DOE. 

Ashley, is it possible for you to let us know how quickly the waiver/interim waiver could be 

granted? We have been at this for more than 2 years and are obviously anxious to get the real 

efficiency numbers for our product to the market. As always we appreciate your effort on our 

behalf. 

Model numbers needing a waiver: 

PVS ( 18,35 ) (K)(N)(P) 

FG28BM (K)(N)(P) 

IG28BM (N)(P) 

BF28 (B,C,G)M(K)(N)(P) 

BP28 (B,C,G)M(K)(N)(P) 

BI28 (B,C,G)M(K)(N)(P) 

FF28BM (K)(N)(P) 

FI28BM (N)(P) 

Thank you , 

Ken Belding 

VP Delivery Support Services 
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices 18541 

[FR Doc. 2014–07362 Filed 4–1–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2179–043] 

Merced Irrigation District; 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: New License. 

b. Project No.: 2179–043. 

c. Date filed: February 27, 2012. 

d. Applicant: Merced Irrigation 

District (Merced ID). 

e. Name of Project: Merced River 

Hydroelectric Project. 

f. Location: The existing project is 

located on the Merced River in Merced 

and Mariposa counties, California. The 

project would occupy 3,152.9 acres of 

federal land managed by the Bureau of 

Land Management. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791(a)–825. 

h. Applicant Contact: Merced 

Irrigation District, P.O. Box 2288, 

Merced, CA 95344; Telephone (209) 

722–5761. 

i. FERC Contact: Matt Buhyoff, (202) 

502–6824 or matt.buhyoff@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. 

The Commission strongly encourages 

electronic filing. Please file motions to 

intervene, protests, comments, 

recommendations, preliminary terms 

and conditions, and preliminary 

fishway prescriptions using the 

Commission’s eFiling system at 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, (866) 

208–3676 (toll free), or (202) 502–8659 

(TTY). In lieu of electronic filing, please 

send a paper copy to: Secretary, Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426. 

The first page of any filing should 

include docket number P–2179–043. 

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 ready for 

environmental analysis. 

l. The project consists of two 

developments: 

New Exchequer Development—(1) 

New Exchequer Dam—a 490 feet-high 

dam with a crest length of 1,220 feet and 

a crest elevation of 879 feet; (2) an ogeetype concrete spillway located about 

one mile north of New Exchequer dam 

in a saddle; (3) an earth and rock dike 

62-feet-high and 1,500-feet-long located 

in a saddle about 0.75 mile north of 

New Exchequer dam; (4) Lake 

McClure—a reservoir formed by New 

Exchequer dam with normal maximum 

water surface elevation of 867 feet msl, 

a gross storage capacity of 1,024,600- 

acre-feet, a surface area of 7,110 acres, 

and a shoreline length of about 82 miles; 

(5) an intake located near the north end 

of the dam and approximately 382 feet 

deep at full pool; (6) a 383 feet-long, 18- 

feet-diameter concrete-lined power 

tunnel leading from the intake to 

McSwain reservoir north of New 

Exchequer powerhouse; (7) a 982-feetlong, 16-feet-diameter concrete-encased 

steel penstock that leads to; (8) a 

powerhouse with one vertical Francis 

turbine with a capacity of 94.5 MW, 

located at the base of New Exchequer 

dam releasing directly into McSwain 

reservoir; (9) a switchyard located 

adjacent to New Exchequer powerhouse 

and; (10) four developed recreation 

facilities (McClure Point, Barrett Cove, 

Horseshoe Bend, and Bagby) with 515 

camping units, 4 boat launch facilities, 

boat rentals, showers, 28 comfort 

stations, 3 swimming lagoons, 2 

marinas, gas and oil service stations, 

186 water-electrical campsite hookups, 

washers and dryers, 117 picnic units 

and fish cleaning stations. 

McSwain Development—(1) McSwain 

dam—located 6.3 miles downstream 

from New Exchequer dam, an 80 feethigh embankment structure, with a crest 

length of 1,620 feet and a crest elevation 

of 425 feet; (2) an ungated concrete 

overflow spillway located in a flat ridge 

on the southeast side of the dam, 

including two sections: A 150-feet-long 

section with a crest elevation at 402 feet, 

and a 475-feet-long section with a crest 

elevation at 400 feet; (3) McSwain 

reservoir—a 4.8 miles-long reservoir 

with a normal maximum water surface 

elevation at 400 feet msl, a maximum 

depth of 66 feet, a gross storage capacity 

of 9,730 acre-feet, a surface area of 310 

acres, and a shoreline length of about 

12.5 miles; (4) an intake located on the 

north end of the dam and approximately 

39 feet below the reservoir’s normal 

minimum water surface elevation; (5) a 

160 feet-long, 9–feet-diameter, low-level 

powerhouse-bypass pipe leading from 

the power tunnel intake, through the 

dam, directly to Pacific Gas and Electric 

Company’s (PG&E) Merced Falls 

reservoir (FERC No. 2467); (6) a 15-feetdiameter and 160-feet-long penstock 

leading a powerhouse with a single 

vertical Kaplan turbine with a capacity 

of 9.0 MW, located at the base of 

McSwain dam, and releasing into 

Merced Falls reservoir; (7) a switchyard 

located adjacent to McSwain 

powerhouse, and; (8) one developed 

recreation facility with 99 camping 

units, 1 boat launch facility, boat 

rentals, showers, 5 comfort stations, a 

swimming lagoon, marina, gas and oil, 

65 water-electrical campsite hookups, 

washers and dryers, 48 picnic units, a 

concession store, and fish cleaning 

stations. 

The Merced River Project has a 

dependable capacity of 103.5 MW and 

an annual average generation of 

approximately 385 GWh. Merced ID is 

not proposing any structural changes to 

the project. However, Merced ID is 

proposing to remove from the project, 

but retain in operation outside the 

license, seven water delivery facilities, 

which function, in part, to deliver water 

to a wildlife refuge. Merced ID is also 

proposing capital improvements to 

recreation areas at 5 existing recreation 

sites, as well as the development of a 

new non-motorized recreation area 

along the west shore of Lake McClure. 

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 


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