Notice2022-27203
City of St. Cloud; Notice Rejecting Application, Waiving Regulations, and Soliciting Applications
Primary source
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Published
December 15, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 240 (Thursday, December 15, 2022)</title>
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[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Notices]
[Page 76616]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27203]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 4108-018]
City of St. Cloud; Notice Rejecting Application, Waiving
Regulations, and Soliciting Applications
On December 1, 2022, the City of St. Cloud, licensee for the St.
Cloud Hydroelectric Project No. 4108 (project), filed an application
for a new license for the project pursuant to section 15(c)(1) of the
Federal Power Act (FPA). The license application was untimely filed and
is hereby rejected.\1\
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\1\ The City of St. Cloud was issued a major license for the
project on December 5, 1984, for a term of 40 years, effective the
first day of the month in which the order was issued. See 29 FERC ]
62,233 (1984). Therefore, the license would expire on November 30,
2024, and the statutory deadline for filing a new license
application was November 30, 2022. See FPA Sec. 15(c)(1), 16 U.S.C.
808(c)(1). The Commission received the application via the internet
at 6:42 p.m. Eastern Time, which is after regular business hours
(i.e., after 5:00 p.m. Eastern Time), on November 30, 2022;
therefore, the application is considered filed on the next regular
business day, December 1, 2022. See 18 CFR 385.2001(a)(2) (2021).
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The project is located on the Mississippi River approximately 75
miles northwest of St. Paul, Minnesota in the City of St. Cloud,
Stearns and Sherburne Counties, Minnesota. The project consists of: (1)
an approximately 3.5-mile-long, 294-surface-acre reservoir with a
storage capacity of 2,254 acre-feet at a normal pool elevation of 981.0
feet National Geodetic Vertical Datum of 1929; (2) a 420-foot-long
earthen embankment that abuts the east side of the dam; (3) a 550-foot-
long, 19.5-foot-high concrete gravity dam and main spillway topped with
inflatable crest gates; (4) a 50-foot-wide spillway containing two 20-
foot-wide Tainter gates; (5) a 70-foot-wide, 122-foot-long reinforced
concrete powerhouse containing two turbine-generator units with a total
installed generating capacity of 8.64 megawatts and with an average
annual generation of 51,500 megawatt-hours; (6) a 200-foot-long earthen
embankment that abuts the west side of the dam; (7) an underground 180-
foot-long, 5-kilovolt (kV) transmission line connecting the powerhouse
to a step-up transformer; (8) a 5/34.5-kV step-up transformer; (9) an
underground 900-foot-long, 34.5-kV transmission line connecting the
step-up transformer to a non-project substation; and (10) appurtenant
facilities.
As a result of the rejection of the City of St. Cloud's application
and pursuant to section 16.25 of the Commission's regulations, the
Commission is soliciting license applications from potential
applicants. This solicitation is necessary because the deadline for
filing an application for a new license and any competing license
applications, pursuant to section 16.9 of the Commission's regulations,
was November 30, 2022, and no other license applications for this
project were filed. With this notice, we are waiving those parts of
section 16.24(a) and 16.25(a) which bar an existing licensee that
missed the two-year application filing deadline from filing another
application. Further, because the City of St. Cloud completed the
consultation requirements pursuant to Part 5 of the Integrated
Licensing Process, we are waiving the consultation requirements in
section 16.8 for the existing licensee. Consequently, the City of St.
Cloud will be allowed to refile a license application and compete for
the license and the incumbent preference established by the FPA section
15(a)(2) will apply.\2\
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\2\ See Pacific Gas and Electric Co., 98 FERC ] 61,032 (2002),
reh'g denied, 99 FERC ] 61,045 (2002), aff'd, City of Fremont v.
FERC, 336 F.3d 910 (9th Cir. 2003).
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The licensee is required to make available certain information
described in section 16.7 of the regulations. For more information from
the licensee, please contact Ms. Tracy Hodel, Public Services Director,
City of St. Cloud, 1201 7th Street South, St. Cloud, Minnesota 56301,
(320) 255-7226.
Pursuant to Section 16.25(b), a potential applicant that files a
notice of intent within 90 days from the date of this notice: (1) may
apply for a license under Part I of the FPA and Part 4 (except section
4.38) of the Commission's Regulations within 18 months of the date on
which it files its notice; and (2) must comply with sections 16.8 and
16.10 of the Commission's Regulations.
Questions concerning this notice should be directed to Nicholas
Ettema, (312) 596-4447 or <a href="/cdn-cgi/l/email-protection#84eaede7ecebe8e5f7aae1f0f0e1e9e5c4e2e1f6e7aae3ebf2"><span class="__cf_email__" data-cfemail="553b3c363d3a3934267b30212130383415333027367b323a23">[email protected]</span></a>.
Dated: December 9, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-27203 Filed 12-14-22; 8:45 am]
BILLING CODE 6717-01-P
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