[Federal Register Volume 87, Number 143 (Wednesday, July 27, 2022)]
[Notices]
[Pages 45098-45099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16114]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 15038-001]
Let It Go, LLC; Notice of Application Accepted for Filing, Intent
To Waive Scoping, Soliciting Motions To Intervene and Protests, Ready
for Environmental Analysis, and Soliciting Comments, Terms and
Conditions, Recommendations, and Prescriptions
Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
a. Type of Application: Exemption from Licensing.
b. Project No.: 15038-001.
c. Date filed: December 9, 2021.
d. Applicant: Let It Go, LLC (Let It Go).
e. Name of Project: Jefferson Mill Hydroelectric Project (Jefferson
Mill Project).
f. Location: On the Hardware River near the Town of Scottsville,
Albemarle County, Virginia. The project would not occupy Federal land.
g. Filed Pursuant to: Public Utility Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708, amended by the Hydropower Regulatory
Efficiency Act of 2013, Public Law 113-23, 127 Stat. 493 (2013).
h. Applicant Contacts: Aaron Van Duyne III, Let It Go, LLC c/o Van
Duyne, Bruno & Co., P.A.; 18 Hook Mountain Road, Suite 202, P.O. Box
896, Pine Brook, NJ 07058; cpa.com">avanduyne@vb-cpa.com; Kevin O'Brien, 809
Bolling Ave, Unit C, Charlottesville, VA 22902; (703) 966-2438 or
[email protected]; and/or Jessica Penrod (lead contact for project
questions), Natel Energy, 2401 Monarch St, Alameda, CA 94501; 415-845-
1933 or [email protected].
i. FERC Contact: Andy Bernick, (202) 502-8660, or
[email protected].
j. Deadline for filing comments, motions to intervene and protests,
terms and conditions, recommendations, and prescriptions: 60 days from
the issuance date of this notice; reply comments are due 105 days from
the issuance date of this notice.
The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, terms and conditions,
recommendations, and prescriptions using the Commission's eFiling
system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at https://ferconline.ferc.gov/QuickComment.aspx. 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 docket number 15038-001.
The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervener 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. This application has been accepted for filing and is now ready
for environmental analysis.
l. The proposed project would consist of: (1) an existing 140-foot-
long, 9-foot-high masonry dam that impounds a 1.46-acre reservoir with
a gross volume of 5.3 acre-feet at the normal pool elevation of 320.0
feet North American Vertical Datum of 1988 (NAVD88); (2) a new 12.5-
foot-wide, 4-foot-high intake rack with 0.75-inch spacing to prevent
river debris from entering the intake; (3) a new 14-foot-long, 12-foot-
wide, and 10-foot-high reinforced concrete intake structure, mostly
constructed below-grade and upstream of the dam on the west side of the
river; (4) a new 70-foot-long, 3-foot-diameter penstock; (5) a new eel
ramp for the upstream passage of American eel and sea lamprey; (6) an
existing 3-foot-wide and 0.9-foot-high low-flow notch and 4.6-foot-deep
[[Page 45099]]
plunge pool for downstream fish passage; (7) an existing 33-foot-wide,
8-foot-long, 14-foot-high powerhouse with one new 20-kilowatt (kW)
turbine-generator unit; (8) two new 100-foot-long underground utility
trenches (containing conduits for utility power, generator power, and
communications) between the powerhouse and control equipment shed; (9)
a new draft tube that connects the exit of the turbine to the tailrace;
(10) a transmission line connecting the project to the distribution
system owned by the Appalachian Power Company; and (11) appurtenant
facilities. The project is estimated to generate an average of 111,000
kW-hours annually. The applicant proposes to operate the project in a
run-of-river mode.
m. On February 16, 2022, Let It Go filed a request to waive scoping
to expedite the exemption process, and received support for the waiver
from the U.S. Fish and Wildlife Service, Virginia Marine Resources
Commission, Virginia Department of Historic Resources, and the U.S.
Army Corps of Engineers. Due to the small size and location of this
project, the applicant's close coordination with federal and state
agencies during preparation of the application, and studies completed
during pre-filing consultation, we intend to waive scoping. Based on a
review of the application and resource agency consultation letters
including comments filed to date, Commission staff does not anticipate
that any new issues would be identified through additional scoping.
Based on the issues identified during the pre-filing period, staff's
National Environmental Policy Act (NEPA) document will consider the
potential effects of project construction and operation on geology and
soils, aquatic, terrestrial, threatened and endangered species,
recreation, and cultural and historic resources.
n. A copy of the application can be viewed on the Commission's
website at https://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. For assistance, contact FERC Online
Support.
Register online at https://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, contact FERC
Online Support.
o. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
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, and .214. 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.
All filings must: (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``COMMENTS,''
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or
``PRESCRIPTIONS;'' (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 protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain
copies of the application directly from the applicant. A copy of any
protest or motion to intervene must be served upon each representative
of the applicant specified in the particular application.
p. Updated procedural schedule and final amendments: The
application will be processed according to the following procedural
schedule. Revisions to the schedule may be made as appropriate.
------------------------------------------------------------------------
Milestone Target date
------------------------------------------------------------------------
Deadline for filing September 2022.
interventions, protests,
comments, recommendations, terms
and conditions, and fishway
prescriptions.
Deadline for filing reply November 2022.
comments.
------------------------------------------------------------------------
q. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice
of ready for environmental analysis.
Dated: July 21, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16114 Filed 7-26-22; 8:45 am]
BILLING CODE 6717-01-P