2017-07240. Joel Herm; Notice of Declaration of Intention and Soliciting Comments, Protests, and Motions To Intervene

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

a. Application Type: Declaration of Intention.

b. Docket No: DI17-3-000.

c. Date Filed: March 8, 2017, and supplemented on March 20, 2017.

d. Applicant: Joel Herm.

e. Name of Project: Waterwood Micro Hydropower Project.

f. Location: The proposed Waterwood Micro Hydropower Project would be located on Landsman Kill Stream, near the Town of Rhinebeck, in Dutchess County, New York.

g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b) (2012).

h. Applicant Contact and Agent: Joel Herm, P.O. Box 224, Rhinebeck, NY 12572, telephone: [phone], email: [e-mail].

i. FERC Contact: Any questions on this notice should be addressed to Jennifer Polardino, [phone], or by email: [e-mail].

j. Deadline for filing comments, protests, and motions to intervene is: 30 days from the issuance date of this notice by the Commission.

The Commission strongly encourages electronic filing. Please file comments, protests, and motions to intervene using the Commission's eFiling system at http://www.ferc.gov/​docs-filing/​efiling.asp. 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. For assistance, please contact FERC Online Support at [e-mail], [phone] (toll free), or [phone] (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The first page of any filing should include docket number DI17-3-000.

k. Description of Project: The proposed run-of-river Waterwood Micro Hydropower Project would consist of: (1) The existing stone and concrete Waterwood dam on Landsman Kill Stream, a tributary of the Hudson River; (2) a 20-inch diameter, 500-foot-long penstock, extending from the dam to the generating unit; (3) a powerhouse containing one Kaplan turbine generating unit having a total installed capacity of 20 kilowatts with a rated head at 13 feet and a hydraulic capacity of 36 cubic feet per second (cfs); (4) a tailrace; (5) a transmission line connecting the generating unit to a point of interconnection with Central Hudson Gas and Electric Corporation's power grid; and (6) appurtenant facilities.

When a Declaration of Intention is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the project would affect the interests of interstate or foreign commerce. The Commission also determines whether or not the project: (1) Would be located on a navigable waterway; (2) would occupy public lands or reservations of the United States; (3) would utilize surplus water or water power from a government dam; or (4) would be located on a non-navigable stream over which Congress has Commerce Clause jurisdiction and would be constructed or enlarged after 1935.

l. Locations of the Application: This filing may 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 regi.ster 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 and in the Commission's Public Reference Room located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling [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, and .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: All filings must bear in all capital letters the title “COMMENTS”, “PROTESTS”, and “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.

Dated: April 5, 2017.

Kimberly D. Bose,

Secretary.