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###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. DI09-3-000]

Take notice that the following application has been filed with the Commission and is available for public inspection:

                    a.                     *Application Type:*                     Declaration of Intention.                

                    b.                     *Docket No:*                     DI09-3-000.                

                    c.                     *Date Filed:*                     December 18, 2008.                

                    d.                     *Applicant:*                     Spaur Ranch.                

                    e.                     *Name of Project:*                     Spaur Ranch Microhydro Project.                

                    f.                     *Location:*                     The proposed Spaur Ranch Microhydro Project will be located on West End Ditch, in Wallowa County, near the town of Wallowa, Oregon.                

                    g.                     *Filed Pursuant to:*                     Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b).                

                    h.                     *Applicant Contact:*                     Ben Henson, Renewable Energy Solutions LLC, 78514 Redmond Grade, Enterprise, OR 97828; Telephone: (541) 828-7779; Fax: (541) 828-7827; e-mail:                     *http://www.blhenson@cpcinternet.com.*

                    i.                     *FERC Contact:*                     Any questions on this notice should be addressed to Henry Ecton, (202) 502-8768, or e-mail address:                     *henry.ecton@ferc.gov.*

                    j.                     *Deadline for filing comments, protests, and/or motions:*                     February 9, 2009.                

                    All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission,                           ( print page 2579)                        888 First Street, NE., Washington, DC 20426. Comments, protests, and/or interventions may be filed electronically via the Internet in lieu of paper. Any questions, please contact the Secretary's Office. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at                     *http://www.ferc.gov*                     under the “e-Filing” link.                

Please include the docket number (DI09-3-000) on any comments, protests, and/or motions filed.

                    k.                     *Description of Project:*                     The proposed Spaur Ranch Microhydro Project will include: (1) An existing 800-yard-long, 15-inch-diameter pipe that reduces to a 600-foot-long, 10-inch-diameter pipe, conveying water from the West Side Irrigation Ditch into an existing building containing a 11-kW pelton wheel turbine; (2) a short tailrace, conveying the water back into the irrigation canal; and (3) appurtenant facilities. The power from the proposed project will be net metered, connected to the interstate grid through Pacific Power. The proposed project will not occupy any tribal or Federal lands.                

When a Declaration of Intention is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the interests of interstate or foreign commerce would be affected by the project. The Commission also determines whether or not the project: (1) Would be located on a navigable waterway; (2) would occupy or affect public lands or reservations of the United States; (3) would utilize surplus water or water power from a government dam; or (4) if applicable, has involved or would involve any construction subsequent to 1935 that may have increased or would increase the project's head or generating capacity, or have otherwise significantly modified the project's pre-1935 design or operation.

                    l.                     *Locations of the Application:*                     Copies of this filing are on file with the Commission and are available for public inspection. This filing may be viewed on the Web at                     *http://www.ferc.gov*                     using the “eLibrary” link, select “Docket#” and follow the instructions. For assistance, please contact FERC Online Support at                     *FERCOnlineSupport@ferc.gov*                     or toll-free at (866) 208-3372, or TTY, contact (202) 502-8659.                

m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

                    n.                     *Comments, Protests, or Motions to Intervene*                    —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.                

                    o.                     *Filing and Service of Responsive Documents*                    —Any filings must bear in all capital letters the title “COMMENTS”, “PROTESTS”, and/or “MOTIONS TO INTERVENE”, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application.                

                    p.                     *Agency Comments*                    —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.                

Kimberly D. Bose,

Secretary.

 [FR Doc. E9-706 Filed 1-14-09; 8:45 am]

BILLING CODE 6717-01-P