UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION
Duke Energy Carolinas, LLC
Project No. 2165-091
NOTICE OF APPLICATION ACCEPTED FOR FILING AND SOLICITING COMMENTS, MOTIONS TO INTERVENE, AND PROTESTS
(February 21, 2019)
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a. Application Type: Amended Shoreline Management Plan
b. Project No: 2165-091
c. Date Filed: December 20, 2018
d. Applicant: Alabama Power Company
e. Name of Project: Warrior River Hydroelectric Project
f. Location: The Black Warrior River and Sipsey Fork in Cullman, Walker, Winston, and Tuscaloosa counties, Alabama
g. Filed Pursuant to: Federal Power Act, 16 USC 791a - 825r
h. Applicant Contact: Laura Winston, Alabama Power Company, 600 18th Street North,
Shoreline Management 12N-0791, Birmingham, Alabama 35203, (205) 257-4847
i. FERC Contact: Mark Carter, (678) 245-3083, firstname.lastname@example.org
j. Deadline for filing comments, motions to intervene, and protests: March 25, 2019
The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests 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 FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington, D.C. 20426. The first page of any filing should include docket number P2165-091. Comments emailed to Commission staff are not considered part of the Commission record.
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 whose name appears on 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.
k. Description of Request: As required by ordering paragraph (D) of the January 7, 2013 Order Modifying and Approving Shoreline Management Plan, Alabama Power Company (licensee) underwent a six-year review process (including stakeholder consultation) and as a result, requests Commission approval of an amended shoreline management plan (SMP) for the project. The licensee proposes minor changes to the approved SMP, as follows: (1) removing the requirement for a shoreline classification called Developed National Forest Service Lands; (2) expansion of the residential non-project use permitting process (e.g., for closed-loop geothermal systems and dry hydrants); and (3) expanding the licensee’s authority to permit existing reservoir crossings (e.g., roads, bridges, utility lines, etc.).
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 (202) 502-8371. This filing may also be viewed on the Commission's website 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. 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 e-mail FERCOnlineSupport@ferc.gov, for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above. Agencies may obtain copies of the application directly from the applicant.
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, respectively. 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 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 commenting, 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. Any filing made by an intervenor 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 385.2010.
Kimberly D. Bose,