FEDERAL ENERGY REGULATORY
COMMISSION
WASHINGTON, D.C. 20426
September 21, 2006
OFFICE OF ENERGY PROJECTS
Project No. 12053-001—California
West Valley A & B Hydro Project
Nicholas Josten
Mr. Nicholas E. Josten
2742 Saint Charles Ave
Idaho Falls, ID 83404
Reference: Dismissal of exemption application
Dear Mr. Josten:
Our recent pre-exemption
inspection of your proposed project, conducted on July 21, 2006, clarified
that the West Valley dam and reservoir play an integral role in the proposed
operational scheme of your project. Review of your application, however,
indicates that you did not provide any evidence showing that you have
the real property interests for West Valley dam and reservoir, owned and
operated by the South Fork Irrigation District. The Commission’s
regulations require an applicant seeking an exemption from licensing to
show that it has all the real property interests in the lands necessary
to develop and operate the proposed project, or has an option to obtain
those interests.
In our September
13, 2004, letter, we asked you to provide evidence showing that you have
the real property interests in lands necessary for the project.
In your October 10, 2004, response to our deficiency letter, you indicated
that since the project, as modified, would only affect federal lands,
no additional real property interests were required. Our review of your
proposed project, however, indicates that the 4.5-mile-long transmission
line from the lower powerhouse to Likely, California, would involve non-federal
lands. Again, you did not provide documentary evidence that you have the
real property interests for the proposed transmission line right-of-way.
Finally, we find
that your project does not qualify for a 5-megawatt exemption. The Commission
is authorized to exempt from the licensing requirements of Part I of the
Federal Power Act (FPA) small hydroelectric power projects with an installed
capacity of 5 megawatts or less that: (1) are located at the site of any
existing dam (i.e., one in existence on or before July 22, 2005), and
that use the water power potential of such dam for the generation of electricity;
or (2) use a "natural water feature" to generate electricity,
without the need for any dam or impoundment.
Because the upper
development of your proposed project would utilize an existing 11,600-foot-long
open canal, require the construction of 2,800 feet of new canal, and use
the approximately 140-foot drop created by a new 400-foot-long penstock,
it would neither be at the site of the existing dam nor use the water
power potential created by the dam.
Based on the above,
we must dismiss your exemption application. If you decide to file a license
application, it must comply with section 4.61 of the Commission’s
regulations.
If you have any questions,
please contact Alan Mitchnick at 202-502-6074.
Sincerely,
J. Mark Robinson
Director
Office of Energy Projects
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