### 62608 Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices

a facility proposing to use natural gas or petroleum as its primary energy source shall certify to the Secretary of Energy (Secretary) prior to construction, or prior to operation as a base load electric powerplant, that such powerplant has the capability to use coal or another alternate fuel. Such certification establishes compliance with FUA section 201(a) as of the date it is filed with the Secretary. 42 U.S.C. 8311.

The following owner of a proposed new base load electric powerplant hasfiled a self-certification of coalcapability with DOE pursuant to FUA section 201(d) and in accordance with DOE regulations in 10 CFR 501.60, 61:
Owner: Panda Patriot LLC Capacity: 829 megawatts (MW) Plant Location: Montgomery, PA In-Service Date: June 1, 2016

Issued in Washington, DC, on October 10,
2014. Brian Mills, Director, Permitting and Siting, Office of Electricity Delivery and Energy Reliability.
[FR Doc. 2014–24898 Filed 10–17–14; 8:45 am]

**BILLING CODE 6450–01–P**

**DEPARTMENT OF ENERGY**

**[Certification Notice—228]**

**Notice of Filing of Self-Certification of Coal Capability Under the Powerplant**  **and Industrial Fuel Use Act**

**AGENCY :**  Office of Electricity Delivery and Energy Reliability, DOE.

**ACTION :**  Notice of filing.

**SUMMARY :**  On September 5, 2014, Panda Temple Power II, LLC, as owner and operator of a new base load electric generating plant, submitted a coal capability self-certification to the Department of Energy (DOE) pursuant to § 201(d) of the Powerplant and Industrial Fuel Use Act of 1978 (FUA), as amended, and DOE regulations in 10 CFR 501.60, 61. FUA and regulations thereunder require DOE to publish a notice of filing of self-certification in the Federal Register. 42 U.S.C. 8311(d) and 10 CFR 501.61(c).

**ADDRESSES :**  Copies of coal capability self-certification filings are available for public inspection, upon request, in the Office of Electricity Delivery and Energy Reliability, Mail Code OE–20, Room 8G–024, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585.

**FOR FURTHER INFORMATION CONTACT :**  Christopher Lawrence at (202) 586–
5260.

**SUPPLEMENTARY INFORMATION :**  Title II of FUA, as amended (42 U.S.C. 8301 et seq. ), provides that no new base load electric powerplant may be constructed or operated without the capability to use coal or another alternate fuel as a primary energy source. Pursuant to FUA in order to meet the requirement of coal capability, the owner or operator of such a facility proposing to use natural gas or petroleum as its primary energy source shall certify to the Secretary of Energy (Secretary) prior to construction, or prior to operation as a base load electric powerplant, that such powerplant has the capability to use coal or another alternate fuel. Such certification establishes compliance with FUA section 201(a) as of the date it is filed with the Secretary. 42 U.S.C. 8311.

The following owner of a proposed new base load electric powerplant hasfiled a self-certification of coalcapability with DOE pursuant to FUA section 201(d) and in accordance with DOE regulations in 10 CFR 501.60, 61: OWNER: Panda Temple Power II, LLC CAPACITY: 758 megawatts (MW) PLANT LOCATION: Temple, TX IN-SERVICE DATE: June 1, 2015

Issued in Washington, DC, on October 10,
2014. Brian Mills, Director, Permitting and Siting, Office of Electricity Delivery and Energy Reliability.
[FR Doc. 2014–24909 Filed 10–17–14; 8:45 am]

**BILLING CODE 6450–01–P**

**DEPARTMENT OF ENERGY**

**Office of Energy Efficiency and Renewable Energy** 

**Wind and Water Power Program: Guidance for Hydroelectric Incentive**  **Payments**

**AGENCY :**  Office of Energy Efficiency and Renewable Energy, Department of Energy.

**ACTION :**  Notice of availability of draft guidance.

**SUMMARY :**  The U.S. Department of Energy (DOE) invites public comment on a second version of its draft Guidance for EPAct 2005 Section 242 Program. The guidance describes how DOE intends to provide incentive payments to the owners or operators of qualified hydroelectric facilities for electric energy generated and sold for a specified 10-year period as authorized under section 242 of the Energy Policy Act of 2005.

**DATES :**  Comments regarding this draft guidance must be received on or before November 4, 2014.

**ADDRESSES :**  Written comments may be sent to the Office of Energy Efficiency and Renewable Energy (EE–4), U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585–0121, or by email at hydroincentive@ee.doe.gov.

**FOR FURTHER INFORMATION CONTACT :**  Requests for additional information should be directed to Mr. Steven Lindenberg, Office of Energy Efficiency and Renewable Energy (EE–4), U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585–0121, (202) 586– 2783, hydroincentive@ee.doe.gov.

**SUPPLEMENTARY INFORMATION :**  In the Energy Policy Act of 2005 (EPAct 2005; Pub. L. 109–58) Congress established a new program to support the expansion of hydropower energy development at existing dams and impoundments through an incentive payment procedure. Under section 242 of EPAct 2005, the Secretary of Energy is directed to provide incentive payments to the owner or operator of qualified hydroelectric facilities for electric energy generated and sold by a qualified hydroelectric facility for a specified 10- year period. (See 42 U.S.C. 15881) DOE has not made these incentive payments in the past due to a lack of appropriations for the hydroelectric production incentive. The conference report to the Fiscal Year 2014 Omnibus Appropriations bill, however, includes $3,600,000 for conventional hydropower under section 242 of EPAct
2005.

In response, DOE developed draft guidance intended to describe the application process and the information necessary for DOE to make a determination of eligibility under section 242. On July 2, 2014, DOE issued draft guidance for public
comment. See 79 FR 37733 and http://energy.gov/eere/water/water-powerprogram. A summary of the comments and the DOE response is available at:http://energy.gov/eere/water/waterpower-program. Based on the comments received and a re-examination of the statutory intent of the program, DOE is proposing the following changes to the draft guidance and is accepting additional public comment:

• The definition of ‘‘existing dam or conduit’’ is amended to specify that generator penstocks associated with a new generator and a temporary increase in dam height that does not expand reservoir topographic area and is for purposes of flood control, hydroelectric generation efficiency improvement, and/or health and safety improvements would not eliminate facilities from eligibility.