[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55596-55597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21815]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1888-038]


York Haven Power Company, LLC; Notice of Application Accepted for 
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Application Type: Application for Temporary Variance from Flow 
Requirements.
    b. Project No: 1888-038.
    c. Date Filed: September 24, 2021.
    d. Applicant: York Haven Power Company, LLC (licensee).
    e. Name of Project: York Haven Hydroelectric Project.
    f. Location: The project is located on the Susquehanna River in 
Lancaster and York counties, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Jody Smet, Vice President Regulatory Affairs; 
York Haven Power Company, LLC; P.O. Box 67; 1 Hydro Park Drive; York 
Haven, PA 17370; Phone: (804) 739-0654.
    i. FERC Contact: Alicia Burtner, (202) 502-8038, 
[email protected].
    j. Deadline for filing comments, motions to intervene, and 
protests: October 20, 2021.
    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 [email protected], (866) 208-3676 (toll 
free), or (202) 502-8659 (TTY). In lieu of electronic filing, you may 
submit 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, Rockville, Maryland 20852. The first page of any filing should 
include the docket number P-1888-038. Comments

[[Page 55597]]

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: The licensee requests a temporary 
variance from the juvenile American shad downstream passage protection 
flows required by Article 401 of the project license, the Pennsylvania 
Department of Environmental Protection's Water Quality Certificate 
(WQC) condition III.B.3.a.i, and the U.S. Fish and Wildlife Service's 
fishway prescription, section 9.9.6.a.ii. The licensee is required to 
spill 370 cubic feet per second (cfs) from the forebay sluice gate from 
1700 to 2300 hours throughout the downstream juvenile American shad 
passage period, from October 1 through November 30. These flows are 
required until a nature-like fishway is completed at the project. The 
licensee began construction of downstream passage facilities at the 
forebay sluice gate in July 2021 and had been scheduled to complete 
construction by September 30, 2021. As a result of Tropical Storm Ida, 
the licensee could not safely conduct construction activities and had 
to remove equipment from the river until tailwater elevations abated. 
Due to these construction delays, the licensee now anticipates 
completing work by November 15, 2021. The licensee indicates that it 
would make every effort to complete construction sooner, and that it 
would release the 370 cfs protection flows from the sluice gate 
immediately upon being able to safely do so. The licensee would 
continue to provide downstream flows via its generating units as 
required by WQC condition III.B.3.1.i and fishway prescription section 
9.9.6.a.i. The Pennsylvania Department of Environmental Protection and 
U.S. Fish and Wildlife Service support the variance request.
    l. Locations of the Application: This filing may 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 email 
[email protected], for TTY, call (202) 502-8659. 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.

    Dated: September 30, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-21815 Filed 10-5-21; 8:45 am]
BILLING CODE 6717-01-P