E6-14958. Notice of Petition for Declaratory Order and Soliciting Comments, Motions To Intervene, and/or Protests

August 31, 2006.

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

a. Application Type: Petition for Declaratory Order.

b. Docket No: DI06-3-000.

c. Date Filed: August 14, 2006.

d. Applicant: Kauai Island Utility Cooperative.

e. Name of Project: Upper and Lower Waiahi Hydroelectric Project.

f. Location: The Upper and Lower Waiahi Hydroelectric Project is located on the South Branch North Fork Wailua River, Waikoko Stream, Waiaka Stream, Iliiliua Stream and Waiahi Stream, Lihue District Lihue Koloa Forest Reserve near Lihue, Kauai County, Hawaii. The project is not located on Federal land.

g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b).

h. Applicant Contact: Gary W. Peers, Projects Engineer, Kauai Island Utility Cooperative, 4463 Pahee Street, Lihue, Kauai, Hawaii, 96766; Telephone: [phone]; FAX: [phone]; E-mail: [e-mail].

i. FERC Contact: Any questions on this notice should be addressed to Henry G. Ecton [phone], or E-mail: [e-mail].

j. Deadline for filing comments and/or motions: October 2, 2006.

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. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. Any questions, please contact the Secretary's Office. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at: http://www.ferc.gov.

Please include the docket number (DI06-3-000) on any protests, comments or motions filed.

k. Description of Project: The project consists of the Upper and Lower Waiahi Hydro projects. The Upper Waiahi Hydro project includes: (1) A 37-inch-diameter, 833-foot-long steel penstock, and a 21-inch-diameter, 21-foot-long steel penstock; (2) a 500-kW Pelton dual runner, single shaft turbine and a 625-kVA, 2300 V AC generator; (3) a powerhouse; and (4) appurtenant facilities. The Lower Waiahi Hydro Project includes: (1) A 37-inch-diameter, 783-foot-long steel penstock, with 25-inch-diameter, 8-foot-long steel penstock; (2) a 780-kW turbine and a 1,000 kVA, 2300 V AC generator; (3) a powerhouse; and (4) appurtenant facilities.

When a Petition for Declaratory Order is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the interests of interstate or foreign commerce would be affected by the project. The Commission also determines whether or not the project: (1) Would be located on a navigable waterway; (2) would occupy or affect public lands or reservations of the United States; (3) would utilize surplus water or water power from a government dam; or (4) if applicable, has involved or would involve any construction subsequent to 1935 that may have increased or would increase the project's head or generating capacity, or have otherwise significantly modified the project's pre-1935 design or operation.

l. Locations of the application: Copies of this filing are on file with the Commission and are available for public inspection. This filing may be viewed on the Web 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, please contact FERC Online Support at [e-mail] or toll-free at [phone], or TTY, contact [phone].

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

n. 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.

o. Filing and Service of Responsive Documents: Any filings must bear in all capital letters the title “COMMENTS”, “PROTESTS”, AND/OR “MOTIONS TO INTERVENE”, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the applicant specified in the particular application.

p. 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.