2011-20160. City of Gresham; 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.: 13466-001.

c. Date filed: May 5, 2011, and supplemented on June 28, 2011, and July 26, 2011.

d. Applicant: City of Gresham.

e. Name of Project: City of Gresham Wastewater Treatment Plant Outfall Hydroelectric Project.

f. Location: The proposed City of Gresham Wastewater Treatment Plant Outfall Hydroelectric Project would be located at the outfall of the City of Gresham's Wastewater Treatment Plant, a wastewater treatment facility effluent outfall distribution system located in Multnomah County, Oregon. 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. Michael Nacrelli, P.E., City of Gresham, Oregon, Department of Environmental Services, 1333 NW Eastern Parkway, Gresham, Oregon 97030; telephone [phone].

i. FERC Contact: Kim Carter, telephone [phone], and e-mail address [e-mail].

j. Status of Environmental Analysis: This application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions.

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 City of Gresham Wastewater Treatment Plant Outfall Hydroelectric Project would consist of: (1) A new intake and a new outlet pipeline (each approximately 20-feet long) that taps onto two sections of the City of Gresham's Wastewater Treatment Plant's existing 3,500-foot-long, 48-inch-diameter outfall pipe; (2) a new 16-foot-wide, 12-foot-long concrete powerhouse; (3) a new single turbine/generator unit with an installed capacity of 50 kW; (4) a new 10-foot-wide, 10-foot-long concrete building to house additional controls and equipment; and (5) appurtenant facilities. The project would have an estimated annual generation of 413,000 kilowatt-hours. The applicant plans to sell the generated energy to Portland General Electric under a power sales agreement.

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-13466, 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 review and reproduction at the address in item h above.

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 application.

q. All filings must (1) bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “COMMENTS”, “REPLY COMMENTS,” “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “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: The applicant requested agencies to support the waiver of the Commission's consultation requirements under 18 CFR 4.38(c). In May 2010, the U.S. Environmental Protection Agency, Bureau of Reclamation, Oregon Department of Environmental Quality, Department of Public Works—City of Fairview, U.S. Fish and Wildlife Service, Naval Seafloor Cable Protection Office, U.S. Coast Guard and the Yakama Indian Nation had no concerns or issues and waived the requirement for a second and third stage consultation. 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: August 3, 2011.

Kimberly D. Bose,

Secretary.