[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57107-57108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18067]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 4639-033]
Ampersand Christine Falls Hydro, LLC; 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.
a. Type of Application: Subsequent Minor License.
b. Project No.: 4639-033.
c. Date filed: September 29, 2021.
d. Applicant: Ampersand Christine Falls Hydro, LLC (Ampersand).
e. Name of Project: Christine Falls Hydroelectric Project
(Christine Falls Project or project).
f. Location: On the Sacandaga River near the Village of Speculator,
Hamilton County, New York.
g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
h. Applicant Contact: Mr. Sayad Moudachirou, Licensing Manager,
Ampersand Christine Falls Hydro LLC, 717 Atlantic Avenue, Suite 1A,
Boston, MA 02111, Phone: 617-933-7206, Email:
[email protected]; and Mr. Jason Huang, Asset Manager,
Ampersand Christine Falls Hydro LLC, 717 Atlantic Avenue, Suite 1A,
Boston, MA 02111, Phone: 773-919-0923, Email:
[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: Christine Falls
Hydroelectric Project (P-4639-033).
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 23453-70). 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 Christine Falls Project consists of the following existing
facilities: (1) a
[[Page 57108]]
15-foot-high, 152.6-foot-long concrete gravity dam (includes both
abutments), with 3-foot-high wooden flashboards installed along the
crest of the 135-foot-long spillway; (2) a reservoir with a surface
area of 1.1 acres and a storage capacity of 4-acre feet at a normal
water surface elevation of 1,699.7 feet National Geodetic Vertical
Datum of 1929 (NGVD29); (3) an intake structure; (4) a 613-foot-long
steel penstock with a diameter of 6 feet that bifurcates into 3-foot-
diameter, 45-foot-long and 4-foot-diameter, 32-foot-long penstocks; (5)
a brick and concrete powerhouse containing two turbine-generator units
(i.e., one 275-kilowatt (kW) unit and one 575-kW unit) with a total
capacity of 850 kW; (7) a tailrace with a depth of 21 feet; (8) a 610-
foot-long bypassed reach; (9) a 185-foot-long underground transmission
line connecting the generating units to a 1,000-kilovolt-ampere step-up
transformer; (10) a 9,315-foot-long, 4.16/13.2-kilovolt underground
transmission line from the transformer to a point of interconnection;
and (11) appurtenant facilities.
The Christine Falls Project is operated in a run-of-river mode,
with a minimum flow of 25 cubic feet per second (cfs) into the bypassed
reach during the months of March, April, and May, and a minimum flow of
10 cfs during the remainder of the year. The project has an average
annual generation of 2,478 megawatt-hours.
Ampersand proposes to operate the project in a strict run-of-river
mode with an impoundment level fluctuation limit of 3 inches from the
dam crest or flashboards when in place. As described in its October 11,
2022, settlement agreement with the U.S. Fish and Wildlife Service, New
York State Department of Environmental Conservation, American
Whitewater, and the New York State Council of Trout Unlimited,
Ampersand proposes the following changes to project operation and
facilities: (1) providing two seasonal minimum flow regimes over the
spillway and through the bypass gate: (a) a 15-cubic foot per second
(cfs) minimum flow or inflow, whichever is less, from June 1 to October
31, and (b) a 35-cfs minimum flow or inflow, whichever is less, from
November 1 to May 31; (2) installing trash racks with 1-inch clear
spacing or the equivalent (e.g., an overlay-type system) whereby
approach velocities are less than or equal to 2 feet per second, as
measured 1 foot in front of the trash racks; and (3) installing and
maintaining a year-round downstream fish passage structure. Ampersand
also proposes to remove the existing 9,315-foot-long transmission line
from the project, stating that the line also provides power to the
project from the grid and thus should not be considered a primary
transmission line.
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,'' ``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, October 2023.
Terms and Conditions, and Fishway
Prescriptions.
Filing of Reply Comments............... November 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: August 16, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-18067 Filed 8-21-23; 8:45 am]
BILLING CODE 6717-01-P