Skip to Content

We invite you to try out our new beta eCFR site at We’ve made big changes to make the eCFR easier to use. Be sure to leave feedback using the 'Feedback' button on the bottom right of each page!


Truckee Meadows Water Authority; Notice of Preliminary Determination of a Qualifying Conduit Hydropower Facility and Soliciting Comments and Motions To Intervene

Document Details

Information about this document as published in the Federal Register.

Document Statistics
Document page views are updated periodically throughout the day and are cumulative counts for this document. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day.
Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

On March 29, 2021, Truckee Meadows Water Authority filed a notice of intent to construct a qualifying conduit hydropower facility, pursuant to section 30 of the Federal Power Act (FPA). The proposed Highland Canal Hydroelectric Project would have an installed capacity of 1,000 kilowatts (kW), and would be located on the applicant's existing municipal pipeline system in Washoe County, Nevada.

Applicant Contact: Mr. Michael A. Swiger, Van Ness Feldman, LLP, 1050 Thomas Jefferson Street NW, Washington, DC 20007, Phone No. (202) 298-1891, Email:

FERC Contact: Christopher Chaney, Phone No. (202) 502-6778, Email:

Qualifying Conduit Hydropower Facility Description: The proposed project would consist of: (1) Two 500-kW vertical Francis turbines and synchronous generators located within the rebuilt Orr Ditch Pumping Facility; and (2) appurtenant facilities. The proposed project would have an estimated annual generation of approximately 45 megawatt-hours.

The proposed project would discharge water to the Truckee River, a natural body of water. Because only a portion of the discharge would be withdrawn downstream by part of the same water supply system, the applicant requests waiver of the discharge requirement under 18 CFR 4.30(b)(30)(iv).

A qualifying conduit hydropower facility is one that is determined or deemed to meet all the criteria shown in the table below.

Table 1—Criteria for Qualifying Conduit Hydropower Facility

Statutory provisionDescriptionSatisfies (Y/N)
FPA 30(a)(3)(A)The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.Y
FPA 30(a)(3)(C)(i)The facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit.Y
FPA 30(a)(3)(C)(ii)The facility has an installed capacity that does not exceed 40 megawatts.Y
FPA 30(a)(3)(C)(iii)On or before August 9, 2013, the facility is not licensed, or exempted from the licensing requirements of Part I of the FPA.Y

Preliminary Determination: The proposed Highland Canal Hydroelectric Project will not alter the primary purpose of the conduit system, which is used to distribute water for municipal consumption. Therefore, based upon the above criteria, if the requested discharge requirement waiver is granted, Commission staff preliminarily determines that the proposal satisfies the requirements for a qualifying conduit hydropower facility, which is not required to be licensed or exempted from licensing.

Comments and Motions to Intervene: Deadline for filing comments contesting whether the facility meets the qualifying criteria is 30 days from the issuance date of this notice.

Deadline for filing motions to intervene is 30 days from the issuance date of this notice.

Anyone may submit comments or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210 and 385.214. Any motions to intervene must be received on or before the specified deadline date for the particular proceeding.

Filing and Service of Responsive Documents: All filings must (1) bear in all capital letters the “COMMENTS CONTESTING QUALIFICATION FOR A CONDUIT HYDROPOWER FACILITY” or “MOTION TO INTERVENE,” as applicable; (2) state in the heading the name of the applicant and the project number of the application to which the filing responds; (3) state the name, address, and telephone number of the person filing; and (4) otherwise comply with the requirements of sections 385.2001 through 385.2005 of the Commission's regulations.[1] All comments contesting Commission staff's preliminary determination that the facility meets the qualifying criteria must set forth their evidentiary basis.

The Commission strongly encourages electronic filing. Please file motions to intervene and comments using the Commission's eFiling system at​docs-filing/​efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at​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, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, you may send a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Start Printed Page 19616Rockville, MD 20852. 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 385.2010.

Locations of Notice of Intent: The Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission's website at​docs-filing/​elibrary.asp. Enter the docket number (i.e., CD21-5) in the docket number field to access the document. You may also register online at​docs-filing/​esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. Copies of the notice of intent can be obtained directly from the applicant. At this time, the Commission has suspended access to the Commission's Public Reference Room due to the proclamation declaring a National Emergency concerning the Novel Coronavirus Disease (COVID-19), issued by the President on March 13, 2020. For assistance, call toll-free 1-866-208-3676 or email For TTY, call (202) 502-8659.

Start Signature

Dated: April 8, 2021.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

End Signature End Preamble


[FR Doc. 2021-07634 Filed 4-13-21; 8:45 am]