[Federal Register Volume 89, Number 35 (Wednesday, February 21, 2024)]
[Notices]
[Pages 13066-13067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03427]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2165-112]


Alabama Power Company; Notice of Application for Temporary 
Variance of Article 407 Accepted for Filing, Soliciting Comments, 
Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Application Type: Request for Temporary Variance of Minimum Flow 
Requirement Pursuant to Article 407.
    b. Project No: 2165-112.
    c. Date Filed: January 18, 2024.
    d. Applicant: Alabama Power Company.
    e. Name of Project: Warrior River Project.
    f. Location: The project is located in north central Alabama on the 
Black Warrior River, and on the Sipsey Fork 2 in Cullman, Walker, and 
Winston counties; and in west central Alabama on the Black Warrior 
River in Tuscaloosa County. The project occupies federal lands 
administered by the U.S. Forest Service and by the Bureau of Land 
Management.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Candace R. Meadows, Hydro Licensing 
Specialist, [email protected], (205) 257-1499.
    i. FERC Contact: Jason Krebill, (202) 502-8268, 
[email protected].
    j. Cooperating agencies: With this notice, the Commission is 
inviting federal, state, local, and Tribal agencies with jurisdiction 
and/or special expertise with respect to environmental issues affected 
by the proposal, that wish to cooperate in the preparation of any 
environmental document, if applicable, to follow the instructions for 
filing such requests described in item k below. Cooperating agencies 
should note the Commission's policy that agencies that cooperate in the 
preparation of any environmental document cannot also intervene. See 94 
FERC ] 61,076 (2001).
    k. Deadline for filing comments, motions to intervene, and 
protests: March 14, 2024.
    The Commission strongly encourages electronic filing. Please file 
comments, motions to intervene, and protests 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: Debbie-Anne A. Reese, Acting Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 
20426. Submissions sent via any other carrier must be addressed to: 
Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory 
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first 
page of any filing should include the docket number P-2165-112. 
Comments emailed to Commission staff are not considered part of the 
Commission record.
    The Commission's Rules of Practice and Procedure require all 
intervenors filing documents with the Commission to serve a copy of 
that document on each person whose name appears 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.
    l. Description of Request: The licensee is seeking a temporary 
variance from license Article 407 minimum flow requirements of the 
Warrior River Project for a period of six months, ranging from June 1 
through November 30, 2024. Article 407 requires the licensee to release 
a minimum flow of 50 cubic feet per second (cfs) from the Smith dam. 
The licensee is requesting a variance to allow for reconfiguration of 
the minimum flow systems on both Unit 1 and Unit 2, to correct 
degradation of the existing system. The licensee anticipates beginning 
work as early as June, however, the exact start date will depend on 
flow conditions. Only one unit's minimum flow system will be modified, 
tested, and optimized at a time. During each unit's modification, 
approximately 25 cfs will be released from the other unit. However, 
approximately 50 cfs would be released whenever both units are 
available. The licensee anticipates meeting state water quality 
standards in accordance with its 401 Water Quality Certification.
    m. Locations of the Application: This filing 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. You may also 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, call 1-866-208-3676 or email 
[email protected], for TTY, call (202) 502-8659. Agencies may 
obtain copies of the application directly from the applicant.
    n. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions to Intervene: 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, 
.214, respectively. 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

[[Page 13067]]

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.
    p. Filing and Service of Documents: Any filing must (1) bear in all 
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO 
INTERVENE'' as applicable; (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 commenting, protesting or intervening; and (4) otherwise comply 
with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, motions to intervene, or protests must set forth their 
evidentiary basis. Any filing made by an intervenor 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 
385.2010.
    q. 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: February 13, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-03427 Filed 2-20-24; 8:45 am]
BILLING CODE 6717-01-P