[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Notices]
[Pages 31310-31311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13953]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2576-185]


FirstLight Hydro Generating Company; FirstLight CT Housatonic 
LLC; Notice Granting Intervention

    On January 3, 2019, the Commission issued public notice of an 
application, filed pursuant to section 8 of the Federal Power Act, to 
transfer the license for the Housatonic River Project No. 2576 from 
FirstLight Hydro Generating Company to FirstLight CT Housatonic LLC 
(together referred to as the applicants). The project consists of five 
developments and is located on the Housatonic River in Fairfield, New 
Haven, and Litchfield Counties, Connecticut. One of the developments is 
a pumped storage facility and uses the 5,600-acre Candlewood Lake as 
its upper reservoir. The notice established February 25, 2019 as the 
deadline to file interventions.\1\
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    \1\ On February 11, 2019, the Commission extended the original 
comment period from February 2, 2019 to February 25, 2019, due to a 
funding lapse of certain federal agencies between December 22, 2018 
and January 25, 2019. 84 FR 5077 (2019).
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    On February 25, 2019, Candlewood Lake Authority (Authority) filed a 
timely motion to intervene to become a party in the proceeding.\2\ It 
subsequently supplemented the motion on March 15, 2019. On March 7, 
2019, the applicants filed an answer in opposition to the Authority's

[[Page 31311]]

intervention because they allege that the Authority failed to 
demonstrate an interest that may be directly affected by the outcome of 
the proceeding or that the Authority's participation is in the public 
interest.\3\ In its March 15, 2019 response, the Authority states that 
it is an agent for the five municipalities that surround Candlewood 
Lake and act on their behalf on matters related to lake, shoreline, and 
watershed management to foster the preservation and enhancement of 
recreational, economic, scenic, public safety, and environmental values 
of Candlewood Lake.\4\
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    \2\ The Authority incorrectly styled its intervention as a 
notice of intervention under 18 CFR 385.214(a). Because the 
Authority does not have the right to become a party in a proceeding 
by filing a notice of intervention, its intervention is treated as a 
motion to intervene in accordance to 18 CFR 214(a)(3). See also 18 
CFR 385.214(a)(2) (2018) (providing ``Any State Commission . . . any 
state fish and wildlife, water quality certification, or water 
rights agency . . . is a party to any proceeding upon filing a 
notice of intervention in that proceeding, if the notice is filed 
within the period established under Rule 210(b)''); Conn. Gen. Stat. 
Ann. 7-151a (West 2019) (establishing Connecticut lake authorities).
    \3\ See Applicants' March 7, 2019 Answer at 2.
    \4\ The Authority's March 15, 2019 Supplemental Filing at 1-2.
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    Pursuant to Rule 214(c)(2) of the Commission's Rules of Practice 
and Procedure, if an answer in opposition to a timely motion to 
intervene is filed within 15 days after the motion to intervene is 
filed, the movant becomes a party only when the motion is expressly 
granted.\5\
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    \5\ 18 CFR 385.214(c) (2018).
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    The Authority has an interest in the potential project impacts on 
Candlewood Lake. Therefore, the Authority's motion to intervene is 
granted.

    Dated: June 25, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-13953 Filed 6-28-19; 8:45 am]
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