[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Notices]
[Page 9846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02814]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15331-000]


Marlow Hydro, LLC; Notice of Intent To File License Application 
and Setting Deadline To File Final License Application

    a. Type of Filing: Notice of Intent to File a License Application 
and Setting a Deadline to File a Final License Application.
    b. Project No.: 15331-000.
    c. Date Filed: June 20, 2023.
    d. Submitted By: Marlow Hydro, LLC. (Marlow Hydro).
    e. Name of Project: Nash Mill Dam Hydroelectric Project (Nash Mill 
Project).
    f. Location: On the Ashuelot River, near the town of Marlow, 
Cheshire County, New Hampshire.
    g. Filed Pursuant to: 18 CFR 5.5 and 385.216 of the Commission's 
regulations. Marlow Hydro filed a request to withdraw its surrender 
application on June 20, 2023.\1\ The request is being treated as a 
Notice of Intent to File an Original License Application, which would 
have been filed pursuant to 18 CFR 5.5 of the Commission's regulations.
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    \1\ Marlow Hydro filed a notice of intent to file a subsequent 
license application on October 17, 2017, and a license application 
on December 1, 2020. On May 5, 2021, Marlow Hydro filed to withdraw 
the application and on June 17, 2022, to surrender the license. On 
June 20, 2023, Marlow Hydro requested to withdraw its surrender 
application and return to a licensing process. The withdrawal of the 
surrender became effective on July 5, 2023, pursuant to 18 CFR 
385.216.
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    h. Potential Applicant Contact: Anthony B. Rosario, 139 Henniker 
Street, Hillsborough, NH 03244; (603) 494-1854; or email at [email protected].
    i. FERC Contact: Prabha Madduri at (202) 502-8017; or by email at 
[email protected].
    j. On December 6, 2023, Commission staff issued a letter providing 
Marlow Hydro with details regarding the process for filing a license 
application for the Nash Mill Project. As stated above, on June 20, 
2023, Marlow Hydro filed a notice of withdrawal of a surrender 
application for the Nash Mill Project and a request to return to a 
licensing process. The request to reinstate the subsequent licensing 
proceeding was denied. Staff determined, however, (1) that the pre-
filing work (Pre-Application Document request, and approval, to use the 
TLP, and Joint Agency Meeting) performed by Marlow Hydro satisfies the 
requirements of 18 CFR 4.38(b) for first stage consultation; (2) that 
Marlow Hydro should proceed with second stage consultation; and (3) 
that the June 20, 2023 notice of withdrawal of the surrender 
application should serve as a notice of intent to file an original 
license application for the Nash Mill Project (see paragraph g).
    k. There typically is no filing deadline for an original license 
application. However, Marlow Hydro is currently operating the project 
under section 18 CFR 16.21(a) of the Commission's regulations 
authorizing it to operate the project until the Commission acts on its 
application (see the Notice of Authorization for Continued Project 
Operation issued on December 22, 2022). Thus, to ensure that Marlow 
Hydro files a timely application for the Commission to act on, 
establishing a deadline for Marlow Hydro's original license application 
is warranted. Staff has determined that it is reasonable to expect 
second stage consultation and a final license application to be 
completed by the end of July of 2024. Therefore, the final license 
application for this project is due by July 31, 2024.
    l. With this notice, we are initiating informal consultation with 
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7 
of the Endangered Species Act and the joint agency regulations 
thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b) 
of the Magnuson-Stevens Fishery Conservation and Management Act and 
implementing regulations at 50 CFR 600.920. We are also initiating 
consultation with the New Hampshire Division of Historical Resources, 
as required by section 106 of the National Historic Preservation Act, 
and the implementing regulations of the Advisory Council on Historic 
Preservation at 36 CFR 800.2.
    m. With this notice, we are designating Marlow Hydro, LLC as the 
Commission's non-Federal representative for carrying out informal 
consultation pursuant to section 106 of the National Historic 
Preservation Act.
    n. A copy of the draft application 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 Online Support at [email protected], (866) 208-3676 (toll 
free), or (202) 502-8659 (TTY).
    o. 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].
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.

    Dated: February 6, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-02814 Filed 2-9-24; 8:45 am]
BILLING CODE 6717-01-P