[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Pages 12948-12949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5322]



Federal Energy Regulatory Commission

[Project No. 13946-000]

Tarrant Regional Water District; Notice of Application Accepted 
for Filing and Soliciting Comments, Motions To Intervene, Protests, 
Recommendations, and Terms and Conditions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Conduit Exemption.
    b. Project No.: 13946-000.
    c. Date filed: December 16, 2010, and supplemented on February 22, 
    d. Applicant: Tarrant Regional Water District.
    e. Name of Project: Arlington Outlet Hydroelectric Project.
    f. Location: The proposed Arlington Outlet Hydroelectric Project 
would be located at the Arlington Outlet Discharge Facility, a flow 
control facility in Tarrant Regional Water District's water 
distribution system located in Tarrant County, Texas. The land on which 
all the project structures are located is owned by the applicant.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. David Marshall, P.E., Engineering 
Services Director, 800 East North Side Drive, Fort Worth, Texas 76102; 
telephone (817) 720-4250.
    i. FERC Contact: Christopher Chaney, telephone (202) 502-6778, and 
e-mail address christopher.chaney@ferc.gov.
    j. Status of Environmental Analysis: This application is ready for

[[Page 12949]]

environmental analysis at this time, and the Commission is requesting 
comments, reply comments, recommendations, terms and conditions, and 
    k. Deadline for filing responsive documents: In light of the 
resource agencies' comments filed with the application, the 60-day 
timeframe specified in 18 CFR 4.43(b) for filing all comments, motions 
to intervene, protests, recommendations, terms and conditions, and 
prescriptions is shortened to 30 days from the issuance date of this 
notice. All reply comments filed in response to comments submitted by 
any resource agency, Indian tribe, or person, must be filed with the 
Commission within 45 days from the issuance date of this notice.
    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 under the ``e-Filing'' 
link. The Commission strongly encourages electronic filings.
    The Commission's Rules of Practice and Procedure require all 
intervenors filing documents with the Commission to serve a copy of 
that document on each person in 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.
    l. Description of Project: The proposed Arlington Outlet 
Hydroelectric Project would consist of: (1) an existing flow control 
building containing one turbine generating unit having an installed 
capacity of 1300 kilowatts; and (2) appurtenant facilities. The project 
would have an estimated annual generation of 6,365,000 kilowatt-hours. 
The applicant plans to use the generated energy.
    m. This filing is available for review and reproduction at the 
Commission in the Public Reference Room, Room 2A, 888 First Street, 
NE., Washington, DC 20426. The filing may also be viewed on the Web at 
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket 
number, here P-13946, in the docket number field to access the 
document. For assistance, call toll-free 1-866-208-3676 or e-mail 
FERCOnlineSupport@ferc.gov. For TTY, call (202) 502-8659. A copy is 
also available for review and reproduction at the address in item h 
    n. Development Application--Any qualified applicant desiring to 
file a competing application must submit to the Commission, on or 
before the specified deadline date for the particular application, a 
competing development application, or a notice of intent to file such 
an application. Submission of a timely notice of intent allows an 
interested person to file the competing development application no 
later than 120 days after the specified deadline date for the 
particular application. Applications for preliminary permits will not 
be accepted in response to this notice.
    o. Notice of Intent--A notice of intent must specify the exact 
name, business address, and telephone number of the prospective 
applicant, and must include an unequivocal statement of intent to 
submit a competing development application. A notice of intent must be 
served on the applicant(s) named in this public notice.
    p. Protests or Motions To Intervene--Anyone may submit a protest or 
a motion to intervene in accordance with the requirements of Rules of 
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In 
determining the appropriate action to take, the Commission will 
consider all protests 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 protests or motions to intervene must be 
received on or before the specified deadline date for the particular 
    q. All filings must (1) Bear in all capital letters the title 
``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. Any of these documents must be filed by providing 
the original and eight copies to: The Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An 
additional copy must be sent to Director, Division of Hydropower 
Administration and Compliance, Office of Energy Projects, Federal 
Energy Regulatory Commission, at the above address. 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.
    r. Waiver of Pre-filing Consultation: On July 2, 2010, the 
applicant requested the agencies to support the waiver of the 
Commission's consultation requirements under 18 CFR 4.38(c). On July 
23, 2010, the Trinity River Authority concurred with this request. 
Several State and Federal resource agencies commented on the 
application but no other comments regarding the request for waiver were 
received. Therefore, we intend to accept the consultation that has 
occurred on this project during the pre-filing period and we intend to 
waive pre-filing consultation under section 4.38(c), which requires, 
among other things, conducting studies requested by resource agencies, 
and distributing and consulting on a draft exemption application.

    Dated: March 2, 2011.
Kimberly D. Bose,
[FR Doc. 2011-5322 Filed 3-8-11; 8:45 am]