E4-1492. Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments

June 30, 2004.

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

a. Type of Application: Preliminary Permit.

b. Project No.: 12491-000.

c. Date Filed: March 11, 2004.

d. Applicant: Davis Hydro, LLC.

e. Name of Project: Pit 4 Dam Retrofit Project.

f. Location: At the Pit 4 Diversion Dam on the Pit River, in Shasta County, California. The Dam is owned by Pacific Gas and Electric Company (PG&E). The project is partially on PG&E land but the project works and most of the reservoir is primarily on the Shasta-Trinity National Forest. The proposed project is for additional capacity at the existing License project No. 233 operated by Pacific Gas and Electric Company.

g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).

h. Applicant Contact: Richard Ely, Davis Hydro LLC, 27264 Meadowbrook Drive, Davis, CA 95616, [phone].

i. FERC Contact: Mr. Lynn R. Miles, [phone].

j. Deadline for Filing Comments, Protests, and Motions To Intervene: 60 days from the issuance date of this notice.

All documents (original and eight copies) should be filed with Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please include the project number (P-12491-000) on any comments, protest, or motions filed.

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.

k. Description of Project: The proposed project would consist of: (1) The existing Pit 4 Dam, which is a concrete structure consisting of a 37 foot non-overflow section at the right abutment, a 213 foot concrete gravity spillway section, and a 197 foot slab and buttress section at the left abutment. The concrete gravity spillway section is 78 feet in height from bedrock to spillway crest elevation on 2,048 feet and 108 feet to the current dam crest elevation of 2,438.5 feet elevation. The slab and buttress section is 202 feet long and has a height of 58 feet to a crest elevation of 2,445.33 feet, (2) a 7-foot-diameter approximately 200 foot long steel penstock, (3) an existing impoundment having a surface area of 105 acres and a storage capacity of 1,970 acre-feet having a normal water surface elevation of 2,442.5 feet mean sea level, (4) a proposed powerhouse containing one turbine with a installed capacity of 1,200 kilowatts, (5) a proposed 320-foot-long 12 kilovolt transmission line and (6) appurtenant facilities. Applicant estimates that the average annual generation would be 9 gigawatt-hours and project energy would be sold to a local utility. This project is for additional capacity at the already licensed Pit 3, 4, and 5 Hydroelectric Project, FERC No. 233. The proposed project will be constructed not to impact FERC Project No. 233 under current or expected future license requirements.

l. Locations of Applications: A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling [phone]. This filing may also 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, call toll-free 1-866-208-3676 or e-mail [e-mail]. For TTY, call [phone]. A copy is also available for inspection and reproduction at the address in item h. above.

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

n. Competing Preliminary Permit—Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36.

o. Competing Development Application—Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36.

p. 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, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice.

q. Proposed Scope of Studies Under Permit—A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project.

r. 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.

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 “e-filing” link. The Commission strongly encourages electronic filing.

s. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application.

t. 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.

Magalie R. Salas,

Secretary.