[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Notices]
[Page 25256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07552]



[[Page 25256]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9709-071]


ECOsponsible, LLC; Soliciting Notices of Intent To File a New 
License Application and Pre-Application Documents

    The current license for the Herkimer Hydroelectric Project No. 9709 
was issued to the original licensee, Trafalgar Power, Inc., on April 
22, 1987, for a term of 40 years, ending March 31, 2027.\1\ The project 
has fallen into disrepair and has not operated since 2006. The license 
was transferred to the current licensee, ECOsponsible, LLC, 
(ECOsponsible) on March 12, 2015.\2\ The 1,680-kilowatt (kW) project is 
located on West Canada Creek in Herkimer County, New York.
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    \1\ Trafalgar Power, Inc., 39 FERC ] 62,077 (1987). The original 
license was for a minor project with an authorized installed 
capacity of 1,050 kilowatts (kW). In 1988 Trafalgar Power applied to 
amend its license to increase the authorized installed capacity of 
the Herkimer Project to 1,680 kW. The increase caused the project to 
be redefined as a major project. Trafalgar Power, Inc., 48 FERC ] 
62,105 (1989).
    \2\ Trafalgar Power, Inc., 150 FERC ] 62,144 (2015).
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    The project works consist of: (1) a timber crib dam with: (a) a 9-
foot-high, 95-foot-long section with a crest elevation of 420.0 feet 
mean sea level (msl) and (b) a 12-foot-high, 145-foot-long section with 
a crest elevation of 419.2 feet msl; (2) an impoundment with a surface 
area of 19 acres, a storage capacity of 163 acre-feet, and a normal 
water surface elevation of 420.5 feet msl; (3) timber flashboards; (4) 
an intake structure; (5) a reinforced concrete and steel powerhouse 
containing four turbine-generating units with a capacity of 400 kW each 
and an 80-kW minimum flow generator for a total installed capacity of 
1,680 kW; (6) a 50-foot-long, 13.2-kilovolt transmission line; and (7) 
appurtenant facilities.
    At least five years before the expiration of a license for a major 
water power project subject to sections 14 and 15 of the Federal Power 
Act, the Commission's regulations require the license applicant to file 
with the Commission a notice of intent (NOI) that contains an 
unequivocal statement of the licensee's intention to file or not to 
file an application for a new license, details on the principal project 
works and installed plant capacity, and other information.\3\ 
Accordingly, NOIs for the Herkimer Project were due by March 31, 2022. 
On March 9, 2022, Stone Ridge Hydro, LLC, filed an NOI to file an 
application for a small hydropower project exemption for the Herkimer 
Project, which was rejected on May 17, 2022.\4\ On March 31, 2022, Mr. 
Dennis Ryan, Jr. filed an NOI to file a relicense application for the 
Herkimer Project, which Commission staff is rejecting in an order 
issued in conjunction with this notice.\5\
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    \3\ 18 CFR 5.5(d) (2023); id. at 16.6(b-c); see also 16 U.S.C. 
808(b)(1) (``Each existing licensee shall notify the Commission 
whether the licensee intends to file an application for a new 
license or not. Such notice shall be submitted at least 5 years 
before the expiration of the existing license.
    \4\ Division of Hydropower Licensing May 17, 2022 Rejection of 
Notice of Intent. The Commission's regulations state that if there 
is an unexpired license in effect for a project, the Commission will 
accept an application for exemption only if the exemption applicant 
is the licensee. 18 CFR 4.33(d)(ii) (2023); see also Stone Ridge 
Hydro, LLC, 180 FERC ] 61,123 (2022).
    \5\ See Division of Hydropower Licensing April 2, 2024 Order 
Rejecting Notice of Intent and Pre-Application Document. Commission 
staff finds: (1) Mr. Ryan, Jr. failed to demonstrate that the 
existing licensee filed the NOI, (2) the entity that filed the NOI 
was not a valid business entity at the time of filing, and (3) Mr. 
Ryan, Jr. was not authorized to act for the entity that filed the 
NOI.
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    Because all timely-filed NOIs have been rejected, the Commission is 
soliciting applications from applicants other than the existing 
licensee. An existing licensee that fails to timely file an NOI is 
prohibited from filing an application for a new license or exemption 
for the project, either individually or in conjunction with an entity 
or entities that are not currently licensees.\6\
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    \6\ 18 CFR 16.24(a)(1) (2023); see also id. 16.23(a) (deeming 
failure to file an NOI as the same as filing an NOI indicating an 
intention not to file an application for a new license.). Note that 
this prohibition extends only to the existing licensee.
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    Any party interested in filing a license application for the 
project must first file an NOI \7\ and PAD \8\ pursuant to part 5 of 
the Commission's regulations. Although the integrated licensing process 
(ILP) is the default pre-filing process, section 5.3(b) of the 
Commission's regulations allows a potential license applicant to 
request to use the traditional licensing process or alternative 
procedures when it files its NOI.\9\
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    \7\ 18 CFR 5.5 (2023).
    \8\ 18 CFR 5.6.
    \9\ 18 CFR 5.3(b).
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    This notice sets a deadline of 90 days from the date of this notice 
for interested applicants, other than the existing licensee, to file 
NOIs, PADs, and requests to use the traditional licensing process or 
alternative procedures. Applications for a new license from potential 
(non-licensee) applicants must be filed with the Commission at least 24 
months prior to the expiration of the current license.\10\ Because the 
current license expires on March 31, 2027, applications for a license 
for this project must be filed by March 31, 2025.
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    \10\ 18 CFR 16.9(b)(1).
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    Questions concerning this notice should be directed to Jody 
Callihan at (202) 502-8278 or [email protected].

    Dated: April 3, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-07552 Filed 4-9-24; 8:45 am]
BILLING CODE 6717-01-P