[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