2013-22152. New York Power Authority; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

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

a. Type of Application: Surrender of Conduit Exemption.

b. Project No.: 3106-001.

c. Date filed: December 11, 2012.

d. Applicant: New York Power Authority (NYPA).

e. Name of Project and Location: The Kensico Hydroelectric Project is located within the headworks of the Kensico Reservoir—City of New York Aqueduct, lower part of the Catskill Water Distribution System, which is owned and operated by the City of New York.

f. Filed Pursuant to: 18 CFR 4.95.

g. Applicant Contact: Robert J. Knowlton, P.E., Vice President Engineering Operations, New York Power Authority. [phone]. [e-mail].

h. FERC Contact: Krista Sakallaris, [phone], [e-mail].

i. Deadline for filing comments, motions to intervene, and protests, is 30 days from the issuance date of this notice. All documents may be filed electronically via the Internet. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at http://www.ferc.gov/​docs-filing/​efiling.asp. If unable to be filed electronically, documents may be paper-filed. To paper-file, an original and seven copies should be mailed to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/​docs-filing/​ecomment.asp. You must include your name and contact information at the end of your comments.

Please include the project number (P-3106-001) on any comments, motions, or protests filed.

j. Description of Project Facilities: Three turbine generator units each with a rated capacity of 1,000 kilowatts installed in the existing bays within the lower aqueduct effluent chamber.

k. Description of Request: The applicant received notification from the New York City Department of Environmental Protection (NYDEP) stating its intent to cease the delivery of water through a portion of the Catskill Aqueduct required by the NYPA's Kensico Hydroelectric Project. Due to the lack of water, the project is now inoperable. The NYDEP has asked NYPA to remove the turbines and appurtenant facilities that are located in the Catskill Lower Effluent Chamber.

l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's 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/​docs-filing/​elibrary.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/​docs-filing/​esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208- 3676 or email [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. 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 filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (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, motions to intervene, or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene, or protests should relate to project works which are the subject of the license surrender. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. If an intervener 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. 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.

p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described proceeding. If any agency does not file comments within the time specified for filing comments, it will be presumed to have no comments.

Dated: September 5, 2013.

Kimberly D. Bose,

Secretary.