[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43397-43399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10797]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10615-058]


Tower Kleber Limited Partnership; Notice of Application Accepted 
for Filing, Soliciting Motions To Intervene and Protests, Ready for 
Environmental Analysis, and Soliciting Comments, Recommendations, Terms 
and Conditions, and Prescriptions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 10615-058.
    c. Date Filed: April 28, 2022.
    d. Applicant: Tower Kleber Limited Partnership (Tower Kleber).
    e. Name of Project: Tower and Kleber Hydroelectric Project 
(project).
    f. Location: On the Black River in Cheboygan County, Michigan.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Ms. Tiffany Heon, Tower Kleber Limited 
Partnership, A-121 Strachan Street, Port Hope, Ontario, Canada L1A 1J1; 
telephone at (647) 220-4476; email at [email protected].
    i. FERC Contact: Arash Barsari, Project Coordinator, Great Lakes 
Branch, Division of Hydropower Licensing; telephone at (202) 502-6207; 
email at [email protected].
    j. Deadline for filing motions to intervene and protests, comments, 
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 and protests, comments, recommendations, terms and 
conditions, and prescriptions using the Commission's eFiling system at 
https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit 
brief comments up to 6,000 characters, without prior registration, 
using the eComment system at https://ferconline.ferc.gov/QuickComment.aspx. 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, MD 20852. All filings must clearly 
identify the project name and docket number on the first page: Tower 
and Kleber Hydroelectric Project (P-10615-058).
    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.
    l. Project Description: The project consists of two hydropower 
developments, the Tower Development and the Kleber Development.
    The Tower Development consists of an approximately 738-foot-long, 
22.75-foot-high concrete gravity dam that includes: (1) a 2-foot-long 
west abutment section; (2) a 362.6-foot-long non-overflow earthen 
embankment with a concrete core wall; (3) a 198.3-foot-long non-
overflow concrete embankment section; (4) a 110-foot-long spillway 
section with a crest elevation of 722.2 feet National Geodetic Vertical 
Dam of 1929 (NGVD 29); (5) a 35.3-foot-long intake structure with four 
6.67-foot-wide, 10.83-foot-high wooden sluice gates each equipped with 
a 7.73-foot-wide, 15.5-foot-high trashrack with 1.25-inch clear bar 
spacing; and (6) a 30-foot-long east earthen abutment section. The 
Tower Development dam creates an impoundment with a surface area of 83 
acres at a normal maximum surface elevation of 722.1 feet NGVD 29.
    From the impoundment, water flows through the intake structure to 
two 280-kilowatt (kW) Francis turbine-generators located in a 32.5-
foot-long, 35.3-foot-wide powerhouse. Water is discharged from the 
turbines to a tailrace. Electricity generated at the Tower Development 
is transmitted to the electric grid via an 87-foot-long, 2.4-kilovolt 
(kV) underground generator lead line, a 2.4/12.5-kV step-up 
transformer, and a 330-foot-long, 12.5-kV underground transmission 
line.
    Project recreation facilities at the Tower Development include: (1) 
a boat access site and parking area approximately 1,300 feet upstream 
of the dam on the western shore of the impoundment; (2) a canoe take-
out site at the earthen embankment; (3) an approximately 270-foot-long 
canoe portage route; (4) a canoe put-in site approximately 75 feet 
downstream of the dam; (5) a handicapped-accessible fishing site and 
parking area approximately 700 feet upstream of the dam on the western 
shore of the impoundment; and (6) an approximately 370-foot-long 
tailrace access footpath from the parking area of the fishing site to 
the canoe portage route.
    The Kleber Development consists of an approximately 535-foot-long, 
45.4-foot-high dam that includes: (1) an approximately 320-foot-long 
west earthen embankment; (2) a 44.5-foot-long reinforced concrete 
section that includes: (a) a 12-foot-long ogee spillway with a crest 
elevation of 689.1 feet NGVD 29 and equipped with an approximately 12-
foot-wide, 13-foot-high Tainter gate that has a crest elevation of 
702.1 feet NGVD 29; and (b) two 11-foot-wide, 11-foot-high intake gates 
each equipped with a trashrack with 2.56-inch clear bar spacing; and 
(3) an approximately 170-foot-long east earthen embankment. The Kleber 
Development dam creates an impoundment with a surface area of 267 acres 
at a normal maximum surface elevation of 701.1 feet NGVD 29.
    From the impoundment, water flows through the Tainter gate to a 
154-foot-long concrete spillway chute and a 30-foot-long, 30-foot-wide 
stilling basin that provides flow to the Black River downstream of the 
dam. From the impoundment, water also flows through the two intake 
gates to a 139.7-foot-long, 7-foot-diameter penstock and a 139.3-foot-
long, 7-foot-diameter penstock that provide flow to two 600-kW Kaplan 
turbine-generators in a 40-foot-long, 42-foot-wide powerhouse. Water is 
discharged from the turbines to a tailrace. The Kleber Development also 
includes an emergency spillway with a 200-foot-long concrete weir that 
has a

[[Page 43398]]

crest elevation of approximately 702.0 feet NGVD 29. Electricity 
generated at the Kleber Development is transmitted to the electric grid 
via a 168-foot-long, 2.4-kV generator lead line and a 2.4/12.5-kV step-
up transformer.
    Project recreation facilities at the Kleber Development include: 
(1) a boat access site and parking area approximately 4,000 feet 
upstream of the dam on the eastern shore of the impoundment; (2) a 
canoe take-out site approximately 70 feet upstream of the dam on the 
east shoreline of the impoundment; (3) an approximately 580-foot-long 
canoe portage trail; (4) a tailrace access road and canoe put-in site 
on the southern shore of the Black River approximately 400 feet 
downstream of the dam; and (5) a tailrace access site and parking area 
on the northern shore of the Black River approximately 180 feet 
downstream of the dam.
    The average annual energy production of the project from 2017 
through 2021 was 7,742 MWh.
    The current license requires Tower Kleber to: (1) operate the 
project in a run-of-river mode, such that project outflow approximates 
inflow; (2) maintain an impoundment elevation of 722.1 NGVD 29 for the 
Tower Development and 701.1 feet NGVD 29 for the Kleber Development, 
and limit impoundment fluctuations to no more than +/-0.25 foot; (3) 
limit impoundment drawdowns to no more than 1 foot from November 1 
through March 31; (4) protect and enhance lake sturgeon and lake 
sturgeon habitat in the Black River Basin in accordance with a March 1, 
1994 settlement agreement between the licensee and Michigan Department 
of Natural Resources (DNR); (5) operate and maintain all project 
recreation facilities; (6) protect and monitor water quality and bald 
eagles; and (7) monitor invasive species. In 2009, Tower Kleber 
constructed the Black River Streamside Rearing Facility (Rearing 
Facility) and pumping station north of the Kleber Development dam to 
comply with the license requirement to protect and enhance lake 
sturgeon in the Black River Basin. The Rearing Facility and pumping 
station are owned and maintained by Tower Kleber, and managed by the 
Michigan DNR and Michigan State University (MSU) to rear lake sturgeon 
that are stocked primarily at Black Lake, Mullett Lake, and Burt Lake.
    Tower Kleber proposes to revise the project boundary to include the 
following existing project facilities: (1) the emergency spillway at 
the Kleber Development; (2) the tailrace access road and canoe portage 
trail at the Kleber Development; (3) the boat access site and parking 
area approximately 4,000 feet upstream of the Kleber Development dam; 
(4) the entire transmission line of the Tower Development; and (5) the 
entire tailrace access footpath at the Tower Development. Tower Kleber 
also proposes to revise the project boundary to include approximately 
0.3 acre of land associated with a camping and fishing access 
approximately 6,000 feet upstream of the Kleber Development dam that is 
owned by the State of Michigan. Tower Kleber proposes to remove the 
following land parcels from the current project boundary: (1) an 
approximately 8-acre area adjacent to the east and west shorelines of 
the Black River from approximately 700 feet upstream to 900 feet 
downstream of the Tower Development dam; (2) an approximately 10-acre 
area northeast of the east earthen embankment of the Kleber 
Development; and (3) an approximately 0.2-acre area south of the 
emergency spillway at the Kleber Development.
    Tower Kleber proposes to: (1) continue to operate the project in a 
run-of-river mode; (2) continue to maintain an impoundment elevation of 
722.1 NGVD 29 for the Tower Development and 701.1 feet NGVD 29 for the 
Kleber Development, and limit impoundment fluctuations to no more than 
+/-0.25 foot; (3) continue to limit impoundment drawdowns to no more 
than 1 foot from November 1 through March 31; (4) maintain the Rearing 
Facility and pumping station as project facilities so that Michigan DNR 
and MSU can continue to rear lake sturgeon at the Rearing Facility 
(i.e., Tower Kleber is not proposing to rear lake sturgeon, but is 
proposing to maintain the facilities needed to rear lake sturgeon); (5) 
monitor project flows; (6) monitor invasive species five years after 
any license issued and every ten years thereafter; (7) install and 
maintain invasive species signage for zebra mussels at the boat launch 
areas to encourage boaters, canoeists, and kayakers to clean their 
boats and not transport water or vegetation upstream; (8) monitor 
dissolved oxygen, sediment, and mercury in the impoundments; and (9) 
continue to operate and maintain project recreation facilities that are 
on land currently owned by Tower Kleber.
    Tower Kleber is not proposing to operate and maintain the following 
existing project recreation facilities that are required by the current 
license: (1) the boat access site and associated parking area 
approximately 4,000 feet upstream of the Kleber Development dam that is 
located on land owned by the State of Michigan; and (2) the boat access 
site and parking area approximately 1,300 feet upstream of the Tower 
Development dam that is located on land owned by the Forest Township.
    m. A copy of the application can 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 (i.e., P-10615). 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 ``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 of the person submitting the filing; 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 on the service list prepared by the Commission in this 
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    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

[[Page 43399]]

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].
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    o. 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.
    p. Procedural schedule: The application will be processed according 
to the following schedule. Revisions to the schedule will be made as 
appropriate.

------------------------------------------------------------------------
                Milestone                           Target date
------------------------------------------------------------------------
Filing of Comments, Recommendations,      July 2024.
 Terms and Conditions, and Prescriptions.
Filing of Reply Comments................  August 2024.
------------------------------------------------------------------------

    q. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.

    Dated: May 10, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-10797 Filed 5-16-24; 8:45 am]
BILLING CODE 6717-01-P