[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37058-37060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12077]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5596-020]


Town of Bedford, Virginia; Notice of Application Accepted for 
Filing, Soliciting Motions To Intervene and Protests, Ready for 
Environmental Analysis, and Soliciting Comments, Recommendations, Terms 
and Conditions, and Fishway Prescriptions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.

[[Page 37059]]

    a. Type of Application: New Major License.
    b. Project No.: 5596-020.
    c. Date filed: April 30, 2021.
    d. Applicant: Town of Bedford, Virginia (Town of Bedford).
    e. Name of Project: Bedford Hydroelectric Project (Bedford Project 
or project).
    f. Location: On the James River, near the Town of Bedford, in 
Bedford and Amherst counties, Virginia.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: James Rowlett, Electric Systems Engineer, 
Town of Bedford Electric Department, 877 Monroe Street, Bedford, 
Virginia 24523; (540) 587-6079 or [email protected]; and Joe 
Peterson, Hydro Plant Engineer, Town of Bedford Electric Department, 
877 Monroe Street, Bedford, Virginia 24523; (540) 587-6071 or 
[email protected].
    i. FERC Contact: Andy Bernick at (202) 502-8660, or 
[email protected].
    j. Deadline for filing motions to intervene and protests, comments, 
and final recommendations, terms and conditions, 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, and final recommendations, 
terms and conditions, and fishway prescriptions 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, 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. All filings must clearly identify the 
project name and docket number on the first page: Bedford Hydroelectric 
Project (P-5596-020).
    The Commission's Rules of Practice require all intervenors 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 
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. This application has been accepted for filing and is now ready 
for environmental analysis.
    The Council on Environmental Quality (CEQ) issued a final rule on 
April 20, 2022, revising the regulations under 40 CFR parts 1502, 1507, 
and 1508 that federal agencies use to implement the National 
Environmental Policy Act (NEPA) (see National Environmental Policy Act 
Implementing Regulations Revisions, 87 FR 23,453-70). The final rule 
became effective on May 20, 2022. Commission staff intends to conduct 
its NEPA review in accordance with CEQ's new regulations.
    l. The current Bedford Project license authorizes: (1) a 9- to 17-
foot-high concrete gravity dam with a 1,680-foot-long concrete 
spillway; (2) a 57-acre impoundment with a storage capacity of 350 
acre-feet at the normal maximum pool elevation of 627.7 feet North 
American Vertical Datum of 1988 (NAVD 88); (3) a 1,200-foot-long, 180-
foot-wide, 16-foot-deep power canal; (4) a power canal headgate 
composed of three 21.6-foot-wide, 15.9-foot-high steel gates; (5) a 
49.1-foot-wide, 29.47-foot-high steel trashrack with a clear bar 
spacing of 3.5 inches; (6) a 55-foot-long, 80-foot-wide powerhouse 
containing two 2.5-megawatt (MW) turbine-generator units with a total 
capacity of 5.0 MW; (7) a 1,640-foot-long service road; (8) a 65-foot-
long, 120-foot-wide tailrace; (9) a 120-foot-long, 4-kilovolt (kV) 
underground transmission line connecting the generating units to one 
4.16/23-kV, 5-megavolt-ampere step-up transformer; (10) a 2,800-foot-
long, 23-kV transmission line; and (11) appurtenant facilities.
    The project is operated in a run-of-river mode, whereby outflow 
from the project approximates inflow. The powerhouse is operated in an 
automatic control mode using water level transducers to maintain the 
normal impoundment elevation at 627.7 feet NAVD 88. The minimum and 
maximum hydraulic capacities of the project are 600 cubic feet per 
second (cfs) and 3,630 cfs, respectively. A continuous minimum flow of 
150 cfs or inflow, whichever is less, is passed into the bypassed reach 
through four notches along the project's spillway. Flow in excess of 
the 150-cfs minimum flow requirement is provided to the project's power 
canal for power generation. Project operation ceases when inflow falls 
below the project's minimum hydraulic capacity and all flow is passed 
over the project's dam into the bypassed reach. The average annual 
generation is estimated to be 13,377 megawatt-hours.
    The Town of Bedford proposes to continue operating the project in a 
run-of-river mode, with no changes to the existing operation. The Town 
of Bedford also proposes to: (1) construct a new 45-foot by 55-foot 
maintenance shed within a previously disturbed area north of the 
powerhouse; and (2) modify the project boundary to remove 54.7 acres 
(including a 2,800-foot-long transmission line authorized in the 
current license that the Town of Bedford contends is no longer part of 
the primary transmission system) and add 43.6 acres (to maintain the 
visual character of aesthetic resources within the current project 
boundary, including a Virginia scenic byway and an historic trail), for 
a total decrease of 11.1 acres.
    m. A copy of the application 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. For assistance, contact FERC Online 
Support. At this time, the Commission has suspended access to the 
Commission's Public Reference Room. For assistance, contact FERC at 
[email protected] or call toll-free, (886) 208-3676 or TTY, 
(202) 502-8659.
    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, contact FERC 
Online Support.
    n. 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,'' ``COMMENTS,''

[[Page 37060]]

``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or 
``FISHWAY 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. All comments, 
recommendations, terms and conditions or prescriptions must set forth 
their evidentiary basis and otherwise comply with the requirements of 
18 CFR 4.34(b). 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. 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 4.34(b) and 385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following 
schedule. Revisions to the schedule may be made as appropriate.

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                 Milestone                           Target date
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Filing of Comments, Recommendations, Terms  July 2023.
 and Conditions, and Fishway Prescriptions.
Filing of Reply Comments..................  September 2023.
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    p. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.
    q. The applicant must file no later than 60 days following the date 
of issuance of this notice: (1) a copy of the water quality 
certification; (2) a copy of the request for certification, including 
proof of the date on which the certifying agency received the request; 
or (3) evidence of waiver of water quality certification. Please note 
that the certification request must comply with 40 CFR 121.5(b), 
including documentation that a pre-filing meeting request was submitted 
to the certifying authority at least 30 days prior to submitting the 
certification request. Please also note that the certification request 
must be sent to the certifying authority and to the Commission 
concurrently.
    r. The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202) 502-6595 or [email protected].

    Dated: May 31, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-12077 Filed 6-5-23; 8:45 am]
BILLING CODE 6717-01-P