[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Pages 46756-46757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21867]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12555-004]


Mahoning Creek Hydroelectric Company, 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

September 3, 2009.
    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.: 12555-004.
    c. Date filed: July 27, 2009.
    d. Applicant: Mahoning Creek Hydroelectric Company, LLC.
    e. Name of Project: Mahoning Creek Hydroelectric Project.
    f. Location: On Mahoning Creek in Armstrong County, Pennsylvania. 
The proposed project would occupy Federal land managed by the U.S. Army 
Corps of Engineers.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Clifford Phillips, Vice President, Mahoning 
Creek Hydroelectric Company LLC, 150 North Miller Road, Suite 450 C, 
Fairlawn, OH 44333 (330) 869-8451.
    i. FERC Contact: Tom Dean, (202) 502-6041.
    j. The deadline for filing motions to intervene, protests, 
comments, recommendations, preliminary terms and conditions, and 
preliminary fishway prescriptions is 60 days from the issuance of this 
notice; reply comments are due 105 days from the issuance date of this 
notice.
    All documents (original and eight copies) should be filed with: 
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.
    Motions to intervene, protests, comments, recommendations, 
preliminary terms and conditions, and preliminary fishway prescriptions 
may be filed electronically via the Internet in lieu of paper. The 
Commission strongly encourages electronic filings. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
(http://www.ferc.gov) under the ``e-Filing'' link. For a simpler method 
of submitting text-only comments, click on ``Quick Comment.''
    k. This application has been accepted for filing and is ready for 
environmental analysis.
    l. The proposed Mahoning Creek Project would be located at the U.S. 
Army Corps of Engineers' (Corps) Mahoning Creek dam and would consist 
of: (1) A new 50-foot-high intake structure attached to the upstream 
face

[[Page 46757]]

of the dam, equipped with removable trashracks, dewatering bulkhead 
panels, and a vertical slide gate; (2) a new lining on the existing 
(currently plugged), 108-inch-diameter conduit through dam monolith 15; 
(3) a new 1,090-foot-long, 120-inch-diameter penstock on the left 
(south) bank, bifurcating into two new 110-foot-long, 96-inch-diameter 
penstocks; (4) a new powerhouse located approximately 100 feet 
downstream of an existing stilling basin weir containing two new Kaplan 
turbine generator units with a total installed capacity of 6.0 MW; (5) 
a new 40-foot-wide, 150-foot-long, 10-foot-deep tailrace; (6) a new 
2.2-mile-long, 25-kilovolt transmission line; (7) a new 100-foot-long 
bridge spanning a small stream to the entrance of a refurbished 0.5-
mile-long access road; and (8) appurtenant facilities. The project 
would have an estimated annual generation of 20,000 megawatt-hours.
    The project would operate using flows released by the Corps in 
accordance with the current dam operation as set by the Corps.
    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 at <a href="/cdn-cgi/l/email-protection#692f2c3b2a26070500070c3a1c1919061b1d290f0c1b0a470e061f"><span class="__cf_email__" data-cfemail="86c0c3d4c5c9e8eaefe8e3d5f3f6f6e9f4f2c6e0e3f4e5a8e1e9f0">[email protected]</span></a> or toll-free at 1-
866-208-3676, or for TTY, 202-502-8659. A copy is also available for 
inspection and reproduction at the address in item h above.
    Register online at http://www.ferc.gov/esubscribenow.htm to be 
notified via e-mail 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, .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 Hydro Licensing Schedule. Revisions to the schedule 
may be made as appropriate.

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               Milestone                           Target date
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Notice of availability of the EA.......  March 1, 2010.
Filing comments on EA..................  March 31, 2010.
Filing modified mandatory prescriptions  May 30, 2010.
 or terms and conditions.
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    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 sections 5.22 and 5.23: (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.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-21867 Filed 9-10-09; 8:45 am]
BILLING CODE 6717-01-P


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