So. Suite 306, Minneapolis, MN 55426, (612) 593-5650; Allan W. Anderson, Jr., Counsel, Flood & Ward, 1000 Potomac Street, NW, Suite 402, Washington, DC 20007, (202) 298-6910

i. FERC Contact: Ms. Deborah FrazierStutely, (202) 219-2842

j. Comment Date: December 21, 1990

k. Description of Project: The proposed project would consist of: (1) two earth and rockfill dams with a crest elevation at 5,240 feet m.s.l., one dam would be 140 feet high, 1,800 feet long and one dam would be 50 feet high, 1,300 feet long; enlarging (2) the Smith Reservoir to 280 acres with a storage capacity of 9,800 acre-feet at elevation 5,240 feet to be utilized as the upper reservoir; (3) an intake structure; (4) a 25-foot-diameter, 1,200-foot-deep shaft; (5) a 25-foot-diameter, 9,000-foot-long tunnel; (6) a

powerhouse containing 3 pump turbines with a combined installed capacity of 750,000 kW, producing an estimated average annual energy output of 985,000 MWh; (7) a 70-foot-high, 10,500-foot-long earth and rockfill dam at elevation 4,200 feet m.s.l.; (8) a 296 acre reservoir with a storage capacity of 10,100 acre-feet at elevation 4,195 feet, to be utilized as the lower reservoir; (9) a 42-inch-diameter, 1,800-footlong water supply pipeline used to initially fill the lower reservoir with water from Lost River; (10) a 500-kV, 40-mile-long transmission line tying into an existing line. No new access road will be needed to conduct the studies. The applicant estimates the cost of the studies to be conducted under the preliminary permit would be $1,850,000.

[Note: Remainder of notice omitted in printing.]

[¶ 62,012]

NYSD Limited Partnership, Project No. 7481-020 - New York
Compliance Order

(Issued January 10, 1991)

J. Mark Robinson, Dir., Division of Project Compliance and Administration.

The NYSD Limited Partnership (licensee) is in violation of article 409 of the New York State Dam Project license. Article 409 requires the licensee to construct recreation facilities at the project 60 days prior to commencement of commercial operations1, or by August 31, 1990. Article 409 requires the licensee to file as-built drawings of the facilities within 90 days of completion of project construction, or by December 1, 1991.

On July 3, 1990, the licensee filed as-built drawings of the recreation facilities which did not include a required access facility, to be constructed at Clarke Avenue.

By letter dated November 15, 1990, the Director, Division of Project Compliance and Administration (Director), identified the licensee's failure to construct the facilities and directed the licensee to file a schedule for constructing the facilities. On November 26, 1990, the licensee filed a letter proposing to complete the Clarke Avenue facility by September 1,

1991.

The licensee's failure to comply with the construction schedule specified in license article 409 will result in a loss of recreational opportunities at the site during at least part of the 1991 recreation season. In order to provide for the recreational needs of the project, and to

1 The New York State Dam Project began commercial operation on October 31, 1990.

make the facilities available during the 1991 recreation season, the licensee should construct the Clarke Avenue facility not later than June 30, 1991.

The Director's November 15, 1990, letter notified the licensee of the enforcement and civil penalty provisions of section 31 of the Federal Power Act (Act), which include penalties of up to $10,000 per day for each violation, or termination of the license.

Compliance with this order does not preclude the Commission from assessing penalties for violations that have already occurred, pursuant to section 31 of the Act. Furthermore, the licensee continues to be in violation of its license until the requirements of this compliance order have been met. Failure to comply with this order will also subject the licensee to the enforcement and civil penalty provisions of section 31. In determining the amount of penalty, the Commission will consider, in addition to the seriousness of the violation, the efforts of the licensee to remedy the violation in a timely manner. This order is issued pursuant to section 31(a) of the Act.

The Director orders:

(A) The licensee shall, after consultation with the New York State Department of Envi

ronmental Conservation, complete construction of all facilities required by article 409 of the project license not later than June 30, 1991. Within 30 days of completion of the facilities, the licensee shall file as-built drawings detailing the type and location of the facilities.

(B) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713.

[¶ 62,013]

Tacoma Public Utilities, Project No. 2016-017 - Washington
Order Approving Revised Exhibit K

(Issued January 15, 1991)

J. Mark Robinson, Dir., Division of Project Compliance and Administration.

On November 19, 1990, Tacoma Public Utilities, licensee for the Cowlitz River Project, FERC Project No. 2016, filed a revised exhibit K for approval. The revised exhibit was filed in compliance with Ordering Paragraph (B) of the Order Approving Change of Land Rights' dated June 7, 1990.

The revised exhibit K shows the revised project boundary of the Cowlitz River Project after approximately 120 acres of project land was transferred to the Cowlitz Falls Project, FERC Project No. 2833. Transfer of this project land will not adversely effect the operation of the project. The exhibit conforms to the Commission's Rules and Regulations.

(C) Within 90 days of the date of issuance of this order, the licensee shall file an original of the approved exhibit K drawing reproduced on silver or gelatin 35-mm microfilm mounted on Type D (314′′ × 738′′) aperture card. In addition, the licensee shall file two Diazo type duplicate aperture cards. The original and one duplicate aperture card should be filed with the Secretary of the Commission. The remaining duplicate aperture card should be filed with the Commission's Portland Regional Office. The FERC drawing number (2016-243) shall be shown in the margin below the title block of the microfilmed drawings and also in the upper right corner of each aperture card. The top line(s) of the aperture cards shall show the FERC exhibit (i.e., K 46 of 52), Project Number, Drawing Title, and date of this order.

(D) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713.

[¶ 62,014]

Duke Power Company, Project No. 2465-001 - South Carolina

Order Approving Revised Exhibit L Drawing

(Issued January 15, 1991)

J. Mark Robinson, Dir., Division of Project Compliance and Administration.

On December 17, 1990, Duke Power Company filed an as-built revised exhibit L drawing for the Hollidays Bridge Project, FERC Project No. 2465, in response to the December 3, 1990, request by the Commission's Atlanta Regional Office.

The revised exhibit L drawing contains cross sectional views which show the 12-inch-thick,

151 FERC ¶ 62,221.

free draining filter and compacted rockfill added to the interior slopes of the intake canal. The as-built exhibit L drawing conforms to the Commission's Rules and Regulations.

The Director orders:

(A) The following exhibit L drawing is approved and made a part of the license.

J. Mark Robinson, Dir., Division of Project Compliance and Administration.

According to the amended article 301 of the license for the Argenta Hydroelectric Project, construction of project was to commence by May 28, 1989. The Commission's records indicate that the construction has not yet begun.

Pursuant to section 375.314(f) of the Commission's regulations, a notice of probable termination of the license was issued on September 21, 1990, to which the licensee did not respond. Accordingly, the license will be terminated herein.

The Director orders:

(A) The license for the Argenta Hydroelectric Project, FERC Project No. 9246, issued on May 29, 1986 [35 FERC ¶ 62,376], is terminated effective 30 days after the issuance date of this order unless that day is a Saturday, Sunday, or holiday as described on section 385.2007, in which case the effective date is the first business day following that day.

(B) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713.

[¶ 62,016]

Colonial Pipeline Company, Sub-order No. DO91-160-000

Depreciation Rates for the Property of Colonial Pipeline Company Owned or Used for Common Carrier Purposes

(Issued January 15, 1991)

Before Oil Pipeline Board Members: Jerie P. O'Connor, Chairman; Morris R. Fitzgerald, Richard V. Mattingly, Jr., Martin A. Burless, Jr., and William

P. Bushey.

Introduction

Colonial Pipeline Company owns and operates a refined petroleum products pipeline located between Houston, Texas and Staten Island, New York. The carrier was incorporated on June 8, 1961 under the general corporation laws of the State of Delaware and began service in November of 1963. Owned by Amoco ¶ 62,015

Pipeline Company, Atlantic Richfield Company, CITGO Pipeline Investment Company, Phillips Petroleum International Company, BP Oil Company, Texaco Trading and Transportation, and Union Oil Company of California, Colonial Pipeline Company is America's largest volume petroleum products pipeline with delivery facilities in thirteen states and the District of Columbia. The carrier's system consists of

Broad River Electric Cooperative, Inc., Cherokee Falls Associates, Project No. 2880-009-South Carolina

Order Amending License and Revising Annual Charges

(Issued January 15, 1991)

J. Mark Robinson, Dir., Division of Project Compliance and Administration.

On October 30, 1990, Broad River Electric Cooperative Inc., licensee for the Cherokee Falls Project, FERC Project No. 2880, filed an application to amend its license. The licensee requests that its license be amended to reflect the change in the project's installed capacity from 3,500 kW to 4,140 kW. The project has been operating at the revised capacity since April 1986, when project operation commenced.

The increase in installed capacity to 4,140 kW maximizes the project's electrical generating potential. The project was found to be economically feasible at the lower capacity and

1 16 FERC ¶ 62,168, issued August 3, 1981.

remains economically feasible at the higher capacity. The increase in capacity is not considered to be a major modification and did not require any other change in the approved project features.

After considering the information in the amendment application, the Director finds that the operation of this project will not result in any additional adverse environmental impacts other than those identified during processing of the original application. Therefore, the license will be amended herein to reflect the higher installed capacity.

The Director orders:

(A) The license for the Cherokee Falls Project, FERC Project No. 2880, is amended as follows:

(B) Ordering Paragraph (B)(2) of the license is revised in part to read as follows:

"... (3) a powerhouse with a single generating unit rated at 4,140 kW;..."

(C) Article 33 of the license is revised to read as follows:

Article 33. The licensee shall pay the United States the following annual charge, effective August 1, 1981:2

(a) For the purpose of reimbursing the United States for the cost of administration of Part I of the Act, a reasonable amount as determined in accordance with the provisions of the Commission's regulations in effect from time to time. The authorized installed capacity for the purpose is 5,520 horsepower. (D) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713.

[¶ 62,018]

AES Cedar Bay, Inc., Small Power Production and Cogeneration Facilities Qualifying Status, Docket No. QF89-126-001

Order Granting Application for Recertification as a Qualifying Cogeneration Facility

(Issued January 16, 1991)

Donald J. Gelinas, Director, Division of Applications.

On November 19, 1990, AES Cedar Bay, Inc. (Applicant), of Arlington, Virginia, filed an application with the Commission for recertification of a facility as a qualifying cogeneration facility pursuant to section 292.207 of the Commission's regulations. The instant recertification is requested due to an increase in the net electric power production capacity from 249 MW to 269 MW. Installation of the facility is expected to commence in March of 1991. Notice of the application was published in the Federal Register with comments, protests or interventions due on or before December 31, 1990.2 No comments, protests or motions to intervene have been filed.

It is found that:

Based on the information provided by the Applicant, the facility meets the requirements established in section 292.203(b) of the Commission's regulations regarding qualification as a cogeneration facility.

It is ordered:

The application for recertification of qualifying status filed on November 19, 1990, by the Applicant, pursuant to section 292.207 of the Commission's regulations and section 3(18)(B) of the Federal Power Act, as amended by section 201 of the Public Utility Regulatory Policies Act of 1978, is hereby granted provided that the facility is owned and operated in the manner described in the application.3

Authority to act on this matter is delegated to the Director, Division of Applications, pursuant to section 375.308 of the Commission's regulations.

This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance

Public Utility Regulatory Policies Act of 1978, as implemented by the Commission's regulations, 18 C.F.R. Part 292. It does not relieve a facility of any other requirements of local, state or federal law, including those regarding siting, construction, operation, licensing and pollution abatement. Certification does not establish any property rights, resolve competing claims for a site, or authorize construction.