20140610-5028 FERC PDF (Unofficial) 6/10/2014 7:14:03 AM

BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

UPDATED APPLICATION FOR PRELIMINARY PERMIT

WRIGHT PATMAN LAKE HYDROELECTRIC PROJECT

BY WRIGHT PATMAN POWER, LLC

JUNE 2014 20140610-5028 FERC PDF (Unofficial) 6/10/2014 7:14:03 AM

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

A. Initial Statement (1) Wright Patman Power, LLC, ("Applicant") applies to the Federal Energy Regulatory Commission ("FERC" or "Commission") for a preliminary permit for the proposed Wright Patman Lake Hydroelectric Project ("Project"), as described in the attached exhibits. This application is made in order that the Applicant may secure and maintain priority of application for a license for the Project under Part I of the Federal Power Act while obtaining the data and performing the acts required to determine the feasibility of the Project and to support an application for a license.

(2) The location of the proposed Project is: State: , County: Bowie County Township or nearby Town: City of Texarkana Stream or other : Wright Patman Lake, ,

(3) The exact name, business address, and telephone number of Applicant is: Wright Patman Power, LLC, 46 Peninsula Center, Ste E, Rolling Hills Estates, CA 90274 Phone: 310 699 6400

The exact name and business address of each person authorized to act as agent for Applicant in this application are: Magnús Jóhannesson America Renewables, LLC, 46 Peninsula Center, Ste E, Rolling Hills Estates, CA 90274 Phone: 310 699 6400 Email: [email protected]

(4) Applicant is a limited liability corporation and is not claiming preference under section 7(a) of the Federal Power Act.

(5) The proposed term of the requested permit is 36 months.

(6) The Wright Patman Dam is owned and operated by the U.S. Army Corps of Engineers. USACE Fort Worth District

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819 Taylor Street Fort Worth, TX 76102

(7) The following exhibits are hereby made a part of this Application for Preliminary Permit:

Exhibit 1 - Description of Proposed Project Exhibit 2 - Description of Studies Exhibit 3 - Costs and Financing Exhibit 4 - Project Maps with boundaries

Compliance with 18 CFR 4.32 (8) Applicant intends to obtain and will maintain any proprietary right necessary to construct, operate and maintain the proposed Project;

(9) Affected Political Jurisdictions (i) The county in which the project is located is: Bowie County County Commissioners P.O. Box 248 New Boston, TX 75570

(10) Every City, town or similar local political subdivision: a. In which any part of the project would be located is as follows: Bowie County County Commissioners P.O. Box 248 New Boston, TX 75570

b. that has a population of 5000 or more and is located within 15 miles of the project dam: City of Texarkana Texas Municipal Building West 3rd and Texas Blvd. Texarkana, TX 75501

City of Atlanta 315 N. Buckner Atlanta, Texas 75551

(11) Every irrigation district, drainage district, or similar special purpose political subdivision: a. In which any part of the project would be located Macedonia-Eylau Water District

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701 S Kings Highway Texarkana, TX 75501

b. That owns, operates, maintains, or uses any project facilities that would be used by the project: U.S. Army Corps of Engineers Fort Worth District 819 Taylor Street Fort Worth, TX 76102

(12) Every other political subdivision in the general area of the project that there is reason to believe would likely be interested in, or affected by, the application: None known or identified at this time.

(13) All Indian tribes that may be affected by the project: Alabama-Coushatta Tribe of Texas 571 State Park Road Livingston, Texas 77351

Ysleta del Sur Pueblo Tribe 117 S. Old Pueblo Rd. (P.O. Box 17579) El Paso, TX 79907

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B. Verification Statement This application is executed in the:

STATE OF CALIFORNIA,

by: Magnús Jóhannesson, CEO WRIGHT PATMAN POWER, LLC 46 Peninsula Center, Ste E, Rolling Hills Estates, CA 90274

I declare (or certify, verify, or state) that the contents of this application are true to the best of my knowledge or belief. The undersigned applicant has signed the application this 27th day of February, 2014.

WRIGHT PATMAN POWER, LLC

By: ______Magnús Jóhannesson, Managing Member and Chief Executive Officer

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EXHIBIT 1 1 DESCRIPTION OF THE PROPOSED PROJECT

1.1 Project Description

1.1.1 Existing Dam The Wright Patman Dam, an existing earthfilled dam, abuts the Wright Patman Lake on the Sulphur River in Bowie County, Texas. The dam has a crest elevation of 106 feet and length of 18,640 feet. The Wright Patman Lake has a surface area of 20,300 acres, with storage capacity of 1,453,000 acre-feet at a normal maximum water surface elevation of 225 feet above mean sea level (MSL).

Wright Patman Lake was authorized for control and conservation by the Flood Control Act of 1946. Construction was completed in 1953.

1.1.2 Power Development The project will operate in “run-off-river” mode and harness water that currently is released from the Wright Patman Lake. The project would consist of modifications to the existing outlet works by adding three 48-inch steel penstock approximately 150-300 feet long with three inline generation units, each with capacity of 1.33 MW, with a total capacity of 4 MW, designed to optimize the discharge from the reservoir. Net hydraulic head is estimated to be 27 ft. With inline turbines no powerhouse is needed.

The estimated average annual energy output is 10 GWh.

A switchyard would be constructed on the surface on the south bank, adjacent to the dam, and power lines would be constructed to connect to the existing 138 kV system on the south embankment.

1.1.3 Access No permanent access road would be needed for this construction; all heavy material could be transported using the existing road on the south bank.

1.2 Project Transmission Lines A new switchyard and 138 kV transmission overhead line or a buried cable approximately 1 mile in length will be constructed to connect to the local utility's transmission lines at Wright Patman dam.

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1.3 Lands The land on which the Wright Patman Dam is situated and on which the project will be located is owned and/or operated by USACE, Tulsa District.

1.4 Public Interest The project will increase the production of renewable electricity and will help relieve the pressure on utilities to meet the Renewable Portfolio Standard requirements. The project will use excess water to generate electricity that otherwise would not be used for such purposes. It will boost the local economy by bringing jobs to the area promoting economic growth in the region. The project will take into account recreational activities and environmental issues to ensure that existing public interest is conserved.

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EXHIBIT 2

2 STUDIES TO BE CONDUCTED Applicant will determine the technical, economic and financial feasibility of the proposed project, taking into consideration its environmental impacts, with the intent of preparing an application for a federal license. Toward this goal, published information will be relied on as much as possible, supplemented where necessary by the collection of site-specific data.

The studies will be conducted in two phases. A conceptual study, based on existing data, will be completed during the first months of the proposed term. The study will define the project in all basic terms including power capacity and energy generation. A rough investment cost estimate will be done as well as the generation cost. Additional investigations for the next step will be listed.

If the applicant finds the outcome of the conceptual study satisfactory, a second phase, the feasibility study, will be initiated. That phase may involve various studies, such as:

• accurate mapping (2 – 3 feet contour lines) of small areas of construction activities, such as the powerhouse area; • geological investigations; • review of hydrological data; • environmental studies in order to make sure that there are no critical environmental issues that may hinder the project; • assessment of right-of-way etc. • power studies for optimizing installed capacity, number and type of units and generation capacity.

After the feasibility study, the applicant will make a decision to develop the project or not. If the decision is to go forward, permitting process can begin together with tender investigations and tender design.

2.1 Studies contemplated at this time Applicant intends to use the results of previous studies, and conduct its own studies and investigations to determine the feasibility of the proposed Project. The exact extent and nature of these studies cannot be known until completion of early consultation with federal, state and local resource agencies, and the results of more detailed engineering assessments. Nevertheless, during the term of the preliminary permit Applicant expects to address the following issues:

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1. Fish and Game. Three studies of the project’s impacts can be contemplated in this area: First, the effects of the project on the temperature and oxygen concentration of water entering the Sulphur River below the dam; Second, an Erosion Control Plan to assure that bank and river bed vegetation is maintained, that impact on wildlife is minimized and that the water quality of the Sulphur River is not diminished; Third, a complete survey of the effects of the project on sensitive and endangered fish.

2. Office of Historical Preservation: A study of the Texas Historical Commission can be contemplated to determine the historical significance of the site of the project. Once that study has been completed, it may lead to additional studies depending upon the findings.

3. Native American Interests: Studies can be contemplated to determine whether there are any Native American or tribal interests in the site. The Texas Historical Commission will be consulted to review any such interests. Depending on the nature of such interests, additional studies may be conducted to further define and protect those interests.

4. Water Resources: The Texas Water Development Board will be consulted to determine if any studies are needed from their perspective.

5. Scenic Rivers: The National Wild and Scenic Rivers System will be consulted to determine if the project will impact any part of the system.

6. Flow Rates: Studies will be conducted to verify the water flow rates of the Sulphur River at the Wright Patman Dam on a current and an historical basis. High and low rates will be calculated as a basis for defining economic and operational parameters.

7. Engineering Studies: Engineering studies will be conducted to verify operational and economic characteristics of the project as the design phase continues. These engineering studies will also act as the basis for bids for construction of the project.

8. Other Studies: Other studies that may arise out of the Consultation Phase of the Application will be conducted as needed. All Federal and State Agencies to be contacted during that phase will have input into any additional studies that may be needed.

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2.2 Work Plan for the New Dam Construction Not applicable.

EXHIBIT 3 3 Estimated Costs The estimated costs of carrying out the studies proposed, because of the very limited nature of the project, is projected not to exceed $500,000.00.

3.1 Sources of Financing The applicant will finance the project with own funds and investor equity.

EXHIBIT 4 4 LOCATION MAPS

Map nr. 4-1. Location Map, Wright Patman Dam hydroelectric project, Texas. Longitude -94.158634, Latitude 33.304756.

Map nr. 4-2. Wright Patman Power project boundary

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Map nr. 4-1 Location of Wright Patman Dam hydroelectric project, Texas.

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Wright Patman Power, LLC

Project boundary

Outlet and inline turbines

Interconnection line

Substation

Map nr. 4-2 Wright Patman Power project boundary. 11 20140610-5028 FERC PDF (Unofficial) 6/10/2014 7:14:03 AM

Form FERC-587 OMB No. 1902-0145 (Expires 07/31/2015)

LAND DESCRIPTION

Non-Public Land States (and Non-Rectangular Survey System Lands in Public Land States)

1. STATE 2. FERC PROJECT NO. ______

3. FEDERAL RESERVATION: ______

4. FEDERAL LAND HOLDING AGENCY: ______

5. Counties: ______

6. Check one: Check one: License Pending ______Preliminary Permit Issued

If preliminary permit is issued, give expiration date:

7. Federal Tract(s) 8. Exhibit Sheet Number(s) Identification or Letter(s)

9. contact's name _

telephone no. ( )

date submitted _

This information is necessary for the Federal Energy Regulatory Commission to discharge its responsibilities under Section 24 of the Federal Power Act. 20140610-5028 FERC PDF (Unofficial) 6/10/2014 7:14:03 AM Document Content(s) FERC Application updated WRIGHT PATMAN POWER June 2014.PDF...... 1-13