[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56813-56815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17907]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2800-054]


Essex Company, LLC; Notice of Intent To File License Application, 
Filing of Pre-Application Document (Pad), Commencement of Pre-Filing 
Process, and Scoping, Request For Comments on the Pad and Scoping 
Document, and Identification of Issues and Associated Study Requests

    a. Type of Filing: Notice of Intent to File License Application for 
a New

[[Page 56814]]

License and Commencing Pre-filing Process.
    b. Project No.: 2800-054.
    c. Dated Filed: June 16, 2023.
    d. Submitted By: Essex Company, LLC (Essex).
    e. Name of Project: Lawrence Hydroelectric Project (Lawrence 
Project).
    f. Location: The project is located on the Merrimack River in the 
City of Lawrence in Essex County, Massachusetts.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's 
Regulations.
    h. Applicant Contact: Kevin Webb, Hydro Licensing Manager, Essex 
Company, 670 N Commercial Street, Suite 204, Manchester, NH 03101; 
(978) 935-6039; [email protected].
    i. FERC Contact: Bill Connelly at (202) 502-8587 or email at 
[email protected].
    j. Cooperating agencies: Federal, state, local, and tribal agencies 
with jurisdiction and/or special expertise with respect to 
environmental issues that wish to cooperate in the preparation of the 
environmental document should follow the instructions for filing such 
requests described in item o below. Cooperating agencies should note 
the Commission's policy that agencies that cooperate in the preparation 
of the environmental document cannot also intervene. See 94 FERC ] 
61,076 (2001).
    k. With this notice, we are initiating informal consultation with: 
(a) the U.S. Fish and Wildlife Service and/or the National Oceanic and 
Atmospheric Administration Fisheries under section 7 of the Endangered 
Species Act and the joint agency regulations thereunder at 50 CFR part 
402; and (b) the State Historic Preservation Office, as required by 
section 106, National Historic Preservation Act, and the implementing 
regulations of the Advisory Council on Historic Preservation at 36 CFR 
800.2.
    l. With this notice, we are designating Essex as the Commission's 
non-federal representative for carrying out informal consultation, 
pursuant to section 7 of the Endangered Species Act and section 106 of 
the National Historic Preservation Act.
    m. Essex filed with the Commission a Pre-Application Document 
(PAD), including a proposed process plan and schedule, pursuant to 18 
CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD may be viewed on the Commission's website 
(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 at 
[email protected] or call toll-free, (866) 208-3676 or TYY, 
(202) 502-8659.
    You may register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances 
related to these or other pending projects. For assistance, contact 
FERC Online Support.
    o. With this notice, we are soliciting comments on the PAD and 
Commission staff's Scoping Document 1 (SD1), as well as study requests. 
All comments on the PAD and SD1, and study requests should be sent to 
the address above in paragraph h. In addition, all comments on the PAD 
and SD1, study requests, requests for cooperating agency status, and 
all communications to and from staff related to the merits of the 
potential application must be filed with the Commission.
    The Commission strongly encourages electronic filing. Please file 
all documents 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.gov/QuickComment.aspx. You must 
include your name and contact information at the end of your comments. 
For assistance, please contact FERC Support at 
[email protected]. 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 P-2800-054.
    All filings with the Commission must bear the appropriate heading: 
``Comments on Pre-Application Document,'' ``Study Requests,'' 
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency 
Status,'' or ``Communications to and from Commission Staff.'' Any 
individual or entity interested in submitting study requests, 
commenting on the PAD or SD1, and any agency requesting cooperating 
status must do so by October 14, 2023.\1\
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    \1\ The Commission's Rules of Practice and Procedure provide 
that if a filing deadline falls on a Saturday, Sunday, holiday, or 
other day when the Commission is closed for business, the filing 
deadline does not end until the close of business on the next 
business day. 18 CFR 385.2007(a)(2) (2022). Because the filing 
deadline falls on a Saturday (i.e., September 2, 2023), the filing 
deadline is extended until the close of business on Monday, October 
16, 2023.
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    p. 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].
    q. The Commission's scoping process will help determine the 
required level of analysis and satisfy the National Environmental 
Policy Act (NEPA) scoping requirements, irrespective of whether the 
Commission prepares an environmental assessment or environmental impact 
statement.

Scoping Meetings

    Commission staff will hold two scoping meetings for the project to 
receive input on the scope of the NEPA document. An evening meeting 
will be held at 7:00 p.m. on September 13, 2023, at the Elk's Lodge #65 
in Lawrence, Massachusetts, and will focus on receiving input from the 
public. A daytime meeting will be held at 10:00 a.m. on September 14, 
2023, at Lawrence Public Library in Lawrence, Massachusetts, and will 
focus on the concerns of resource agencies, non-governmental 
organizations (NGOs), and Indian Tribes. We invite all interested 
agencies, Indian Tribes, non-governmental organizations, and 
individuals to attend one or both meetings. Spanish-English translation 
services will be provided. If a significant number of people are 
interested in providing oral comments, a time limit of 3 minutes may 
need to be implemented for each commentor.
    The times and locations of these meetings are as follows:

Evening Scoping Meeting

    Date: Wednesday, September 13, 2023.
    Time: 7:00 p.m. (EDT).
    Place: Elks Lodge #65.
    Address: 652 Andover Street, Lawrence, MA 01843.
    Phone: (978) 687-7274.

Daytime Scoping Meeting

    Date: Thursday, September 14, 2023.
    Time: 10:00 a.m. (EDT).

[[Page 56815]]

    Place: Lawrence Public Library, Sargent Auditorium.
    Address: 51 Lawrence Street, Lawrence, MA 01841.
    Phone: (978) 620-3600.
    SD1, which outlines the subject areas to be addressed in the 
environmental document, was mailed to the individuals and entities on 
the Commission's mailing list and Essex's distribution list. Copies of 
SD1 may be viewed on the web at http://www.ferc.gov, using the 
``eLibrary'' link. Follow the directions for accessing information in 
paragraph n. Based on all oral and written comments, a Scoping Document 
2 (SD2) may be issued. SD2 may include a revised process plan and 
schedule, as well as a list of issues, identified through the scoping 
process.

Environmental Site Review

    The applicant and Commission staff will conduct an environmental 
site review of the project. All interested individuals, agencies, 
tribes, and NGOs are invited to attend. Please RSVP via email to 
[email protected] or notify Miley Kinney at (603) 732-8162 on or 
before September 5, 2023 if you plan to attend the environmental site 
review. The time and location of the environmental site review is as 
follows:

Lawrence Project

    Date: Wednesday, September 13, 2023.
    Time: 9:00 a.m. (EDT).
    Place:
     Lawrence Gateway parking lot.
    Address: 70 General Street, Lawrence, MA 01840.
    Participants will meet at the Lawrence Gateway parking lot and 
depart to the Lawrence at 9:15 a.m. (EDT). Essex will provide 
transportation to the project facilities. All participants are 
responsible for their own transportation to the Lawrence Gateway 
parking lot.
    All persons attending the environmental site review must wear 
sturdy, closed-toe shoes or boots. The applicant will provide hard hats 
to attendees for entry into low-overhead areas, if needed; however, 
participants who have their own hardhats should bring them.

Meeting Objectives

    At the scoping meetings, Commission staff will: (1) initiate 
scoping of the issues; (2) review and discuss existing conditions; (3) 
review and discuss existing information and identify preliminary 
information and study needs; (4) review and discuss the process plan 
and schedule for pre-filing activity that incorporates the time frames 
provided for in Part 5 of the Commission's regulations and, to the 
extent possible, maximizes coordination of federal, state, and tribal 
permitting and certification processes; and (5) discuss the potential 
of any federal or state agency or Indian tribe to act as a cooperating 
agency for development of an environmental document.
    Meeting participants should come prepared to discuss their issues 
and/or concerns. Please review the PAD in preparation for the scoping 
meetings. Directions on how to obtain a copy of the PAD and SD1 are 
included in item n of this document.

Meeting Procedures

    Commission staff are moderating the scoping meetings. The meetings 
are recorded by an independent stenographer and become part of the 
formal record of the Commission proceeding on the project. Individuals, 
NGOs, Indian Tribes, and agencies with environmental expertise and 
concerns are encouraged to attend the meeting and to assist the staff 
in defining and clarifying the issues to be addressed in the NEPA 
document.

     Dated: August 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-17907 Filed 8-18-23; 8:45 am]
BILLING CODE 6717-01-P