Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 18215 

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. Any filings must bear in all capital 

letters the title ‘‘COMMENTS’’, 

‘‘PROTEST’’, or ‘‘MOTION TO 

INTERVENE’’, as applicable, and the 

Project Number of the particular 

application to which the filing refers. 

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. 

q. Comments, protests and 

interventions may be filed electronically 

via the Internet in lieu of paper. See, 18 

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

instructions on the Commission’s Web 

site at http://www.ferc.gov under the ‘‘eFiling’’ link. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9084 Filed 4–20–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 12632–001] 

East Texas Electric Cooperative, Inc.; 

Notice of License Application and 

Applicant Prepared Environmental 

Assessment (APEA) Filed With the 

Commission and Soliciting Comments 

and Preliminary Terms and Conditions, 

Recommendations, and Prescriptions 

April 14, 2009. 

Take notice that the following 

hydroelectric application and applicantprepared environmental assessment 

have been filed with the Commission 

and is available for public inspection: 

a. Type of Application: Original Major 

License—Existing Dam. 

b. Project No.: 12632–001. 

c. Date Filed: March 31, 2009. 

d. Applicant: East Texas Electric 

Cooperative, Inc. (Cooperative). 

e. Name of Project: Lake Livingston 

Hydroelectric Project. 

f. Location: On the Trinity River, in 

San Jacinto, Polk, Trinity, and Walker 

Counties, Texas. The project would not 

occupy any federal lands. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791(a)–825(r). 

h. Applicant Contact: Edd Hargett, 

East Texas Electric Cooperative, Inc., 

2905 Westward Drive, P.O. Box 631623, 

Nacogdoches, TX 75963; (936) 560– 

9532; eddh@gtpower.com. 

i. FERC Contact: Sarah Florentino at 

(202) 502–6863 or 

sarah.florentino@ferc.gov. 

j. Cooperating agencies: Federal, state, 

local, and Tribal agencies with 

jurisdiction and/or special expertise 

with respect to environmental issues 

that wish to cooperate in the 

preparation of the environmental 

document should follow the 

instructions for filing such requests 

described in item l below. Cooperating 

agencies should note the Commission’s 

policy that agencies that cooperate in 

the preparation of the environmental 

document cannot also intervene. See, 94 

FERC ¶ 61,076 (2001). 

k. The proposed project would use the 

following existing facilities: (1) The 

Trinity River Authority’s (TRA) existing 

14,400-foot-long (approximate) Lake 

Livingston dam, which has a crest 

elevation of 145.0 feet mean sea level 

(msl) and consists of (a) a basic earth 

embankment section, (b) outlet works, 

and (c) a spillway; and (2) the 83,000- 

acre Lake Livingston, which has a 

normal water surface elevation of 131.0 

feet msl and gross storage capacity of 

1,750,000 acre-feet. 

The proposed project would consist of 

the following new facilities: (1) An 

intake structure and headrace channel 

approximately 800 feet long; (2) three 

steel penstocks, about 14 feet in 

diameter and 450 feet in length; (3) a 

powerhouse containing three generating 

units, having a total installed capacity of 

24 MW; (4) an approximate 2,000-feetlong tailrace channel; (5) an 

approximate 2.5-mile-long, 138-kilovolt 

transmission line interconnecting the 

project with Entergy’s existing Rich 

substation near Goodrich; and (6) an 

electric switchyard and other 

appurtenant facilities. The project 

would have an estimated annual 

generation of 124.030 gigawatt-hours, 

which the Cooperative would sell at 

wholesale to its constituent electric 

cooperatives. 

l. The application has not been 

accepted for filing and is not ready for 

environmental analysis at this time. 

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 

FERCOnlineSupport@ferc.gov, or tollfree at 1–866–208–3676, or for TTY, 

(202) 502–8659. The Cooperative has 

distributed a copy of the license 

application and APEA to interested 

entities. Copies of these documents are 

also available for review at the Sam 

Houston Electric Cooperative, 1157 East 

Church Street, Livingston, Texas 77351. 

You may also 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. With this notice we are soliciting 

preliminary terms, conditions, 

recommendations, prescriptions, and 

comments on the license application 

and APEA. 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. 

In addition, all comments on the license 

application and APEA should be sent to 

the address in item (h). All filings must 

(i) include the project name and 

number, (ii) bear the heading 

‘‘Preliminary Comments,’’ ‘‘Preliminary 

Recommendations,’’ ‘‘Preliminary 

Terms and Conditions,’’ or ‘‘Preliminary 

Prescriptions,’’ (iii) furnish the name, 

address, and telephone number of the 

person submitting the filing, and (iv) 

otherwise comply with the requirements 

of 18 CFR 385.2001 through 385.2005. 

All comments, preliminary 

recommendations, terms and 

conditions, or prescriptions must set 

forth their evidentiary basis and 

otherwise comply with the requirements 

of 18 CFS 4.34(b). Any entity interested 

in commenting on the license 

application and APEA must do so 

within 60 days from the date of filing of 

the license application (or by June 13, 

2009). 

Comments and preliminary 

recommendations, terms and 

conditions, and 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 

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18216 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 

instructions on the Commission’s Web 

site (http://www.ferc.gov) under the ‘‘eFiling’’ link. For a simpler method of 

submitting text only comments, click on 

‘‘Quick Comment.’’ 

o. With this notice, we are initiating 

consultation with the Texas State 

Historic Preservation Officer (SHPO), as 

required by § 106 of the National 

Historic Preservation Act, and the 

regulations of the Advisory Council on 

Historic Preservation, 36 CFR 800.4. 

p. Procedural Schedule: The 

application will be processed according 

to the following Hydro Licensing 

Schedule. Revisions to the schedule 

may be made as appropriate. 

Issue Acceptance Letter and Notice Soliciting Final Comments, Terms and Conditions, etc .......................................................... August 2009. 

Notice of Availability of the Draft (or Potential Single) EA ................................................................................................................ February 2010. 

Notice of Availability of the Final EA (if necessary) .......................................................................................................................... August 2010. 

q. Other Agency Authorizations: A 

Texas Coastal Zone consistency 

certification is required for the Lake 

Livingston Project. The Cooperative 

certifies that the project is consistent 

with the Texas Coastal Management 

Program goals and policies and would 

be conducted in a manner consistent 

with said program. 

In addition, a Texas Commission on 

Environmental Quality (Texas CEQ) 

section 401 Water Quality Certification 

is required. As part of its processing of 

the license application, the Texas CEQ 

is reviewing the application under 

Section 401 of the Clean Water Act 

(CWA), and in accordance with Title 30, 

Texas Administrative Code Section 

279.1–13, to determine if the work 

would comply with State water quality 

standards. Based on an understanding 

between the Federal Energy Regulatory 

Commission (FERC) and the Texas CEQ, 

this public notice is also issued for the 

purpose of advising all known 

interested persons that there is pending 

before the Texas CEQ a decision on the 

request for section 401 water quality 

certification for this FERC license 

application. Any comments concerning 

this certification request may be 

submitted to the Texas Commission on 

Environmental Quality, 401 

Coordinator, MSC–150, P.O. Box 13087, 

Austin, Texas 78711–3087. The public 

comment period extends 30 days from 

the date of publication of this notice. A 

copy of the public notice with a 

description of work is made available 

for review in the Texas CEQ’s Austin 

office. The complete application may be 

reviewed at the address listed in 

paragraph l. The Texas CEQ may 

conduct a public meeting to consider all 

comments concerning water quality if 

requested in writing. A request for a 

public meeting must contain the 

following information: The name, 

mailing address, application number, or 

other recognizable reference to the 

application, a brief description of the 

interest of the requester, or of persons 

represented by the requester; and a brief 

description of how the certification, if 

granted, would adversely affect such 

interest. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9079 Filed 4–20–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project Nos. 2281 and 4851] 

Pacific Gas and Electric Company; 

Notice of Authorization for Continued 

Project Operation 

April 14, 2009. 

On March 30, 2007, Pacific Gas and 

Electric Company, licensee for the 

Woodleaf-Kanaka Junction 

Transmission Line and Sly Creek 

Transmission Line Projects, filed 

Applications for a New License 

pursuant to the Federal Power Act 

(FPA) and the Commission’s regulations 

thereunder. The Woodleaf-Kanaka 

Junction Transmission Line is located in 

Butte County, California, within the 

South Fork Feather River watershed, 

and the Sly Creek Transmission Line is 

located in the Sierra Nevada Range, also 

in Butte County, California. 

The licenses for Project Nos. 2281 and 

4851 were issued for a period ending 

March 31, 2009. Section 15(a)(1) of the 

FPA, 16 U.S.C. 808(a)(1), requires the 

Commission, at the expiration of a 

license term, to issue from year-to-year 

an annual license to the then licensee 

under the terms and conditions of the 

prior license until a new license is 

issued, or the project is otherwise 

disposed of as provided in section 15 or 

any other applicable section of the FPA. 

If the project’s prior license waived the 

applicability of section 15 of the FPA, 

then, based on section 9(b) of the 

Administrative Procedure Act, 5 U.S.C. 

558(c), and as set forth at 18 CFR 

16.21(a), if the licensee of such project 

has filed an application for a subsequent 

license, the licensee may continue to 

operate the project in accordance with 

the terms and conditions of the license 

after the minor or minor part license 

expires, until the Commission acts on 

its application. If the licensee of such a 

project has not filed an application for 

a subsequent license, then it may be 

required, pursuant to 18 CFR 16.21(b), 

to continue project operations until the 

Commission issues someone else a 

license for the project or otherwise 

orders disposition of the project. 

If the projects are subject to section 15 

of the FPA, notice is hereby given that 

annual licenses for Projects Nos. 2281 

and 4851 are issued to the Pacific Gas 

and Electric Company for a period 

effective April 1, 2009 through March 

31, 2010, or until the issuance of new 

licenses for the projects or other 

disposition under the FPA, whichever 

comes first. If issuance of new licenses 

(or other disposition) does not take 

place on or before March 31, 2010, 

notice is hereby given that, pursuant to 

18 CFR 16.18(c), annual licenses under 

section 15(a)(1) of the FPA are renewed 

automatically without further order or 

notice by the Commission, unless the 

Commission orders otherwise. If the 

projects are not subject to section 15 of 

the FPA, notice is hereby given that the 

Pacific Gas and Electric Company is 

authorized to continue operation of the 

Woodleaf-Kanaka Junction 

Transmission Line and Sly Creek 

Transmission Line Projects, until such 

time as the Commission acts on its 

application for a subsequent license. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9083 Filed 4–20–09; 8:45 am] 

BILLING CODE 6717–01–P 

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