97-20532. Notice of Application Filed With the Commission

[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Notices]
[Pages 42119-42120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20532]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Application Filed With the Commission

July 30, 1997.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Settlement Agreement.
    b. Project No: 2916-004.
    c. Date Filed: June 26, 1997.
    d. Applicant: East Bay Municipal Utility District.
    e. Name of Project: Lower Mokelumne River.
    f. Location: Mokelumne River, Amador, Calaveras, and San Joaquin 
Counties, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jon A. Myers, Manager, Water Resources 
Planning, East Bay Municipal Utility District, 375 Eleventh Street, 
Oakland, CA 94607-4240, [phone].
    i. FERC Contact: John Schnagl, [phone].
    j. Comment Date: September 10, 1997.
    k. Description of Application: On March 10, 1981, the Commission 
issued a license for the Lower Mokelumne River Project to the East Bay 
Municipal Utility District (EBMUD). On July 1, 1991, pursuant to 
reserved authority in the license, Commission staff initiated a license 
reopener proceeding to determine if modifications to project facilities 
or operations were necessary for the conservation and development of 
fish and wildlife resources in the Mokelumne River. In November 1993, 
the Commission released a final environmental impact statement (FEIS), 
recommending modifications to the license. Recommended modifications 
included among other items, new minimum flow and minimum pool elevation 
requirements, ramping rates, studies on pulse flows, instream habitat 
enhancements, and further studies and monitoring to define mitigation 
needs for salmon and trout in the lower river.
    In 1994, EBMUD participated in settlement discussions with the U.S. 
Fish and Wildlife Service (FWS), the California Department of Fish and 
Game (CDFG), and other parties to resolve issues of dispute in the 
proceeding. In 1995, 1996, and 1997 EBMUD, the FWS, and the CBFG 
continued negotiations. These parties have filed a Settlement Agreement 
(SA) with the Commission. The SA is under consideration in the 
proceeding before the Commission as an alternative to the actions 
recommended in the FEIS issued in 1993.
    The SA includes changes in instream flows, development of a Lower 
Mokelumne River Partnership to develop and implement measures to 
protect and enhance anadromous fish, development of a Lower Mokelumne 
River Stakeholders Group to recommend ecosystem protection and 
improvement, EBMUD establishing a $2 million Partnership Fund, EBMUD 
providing $12.5 million to expand and upgrade the Mokelumne River Fish 
Hatchery, coordination by the parties of fishery and habitat studies 
and monitoring programs, and development of a process to measure the 
success of flow requirements, non-flow measures and other actions 
contained in the SA.

[[Page 42120]]

The SA would be in effect for the duration of the current license term.
    Copies of the SA may be obtained from EDMUD or from the 
Commission's public file in this proceeding.
    1. This notice also consists of the following standard paragraphs: 
B, C1, and D2.
    B. 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 Procedures, 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 
comments date for the particular application.
    C1. 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, N.E., Washington, D.C. 20426. A copy of 
any motion to intervene must also be served upon each representative of 
the Application specified in the particular application.
    D2. 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, if will be presumed to have no comments. One copy of an 
agency's comments must also be sent to the Applicant's representatives.
Linwood A. Watson, Jr.,
Acting Secretary.,
[FR Doc. 97-20532 Filed 8-4-97; 8:45 am]
BILLING CODE 6717-01-M