[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Notices]
[Pages 52450-52452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13718]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2548-056]


Northbrook Lyons Falls, LLC; Notice of Application Tendered for 
Filing With the Commission and Soliciting Additional Study Requests and 
Establishing Procedural Schedule for Relicensing and a Deadline for 
Submission of Final Amendments

    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.: 2548-056.
    c. Date Filed: May 31, 2024.
    d. Applicant: Northbrook Lyons Falls, LLC (Northbrook).
    e. Name of Project: Lyons Falls Hydroelectric Project (Lyons Falls 
Project or project).
    f. Location: On the Black and Moose Rivers in Lewis County, New 
York.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Lewis Loon, General Manager, Operations 
and Maintenance--USA, Kruger Energy, 423 Brunswick Ave., Gardiner, ME 
04345; telephone at (207) 203-3027; email at [email protected].
    i. FERC Contact: Kelly Wolcott, Project Coordinator, Great Lakes 
Branch, Division of Hydropower Licensing; telephone at (202) 502-6480; 
email at [email protected].
    j. Cooperating Agencies: Federal, State, local, and Tribal agencies 
with jurisdiction and/or special expertise with respect to 
environmental issues that wish to cooperate in the preparation of the 
environmental document should follow the instructions for filing such 
requests described in item l below. Cooperating agencies should note 
the Commission's policy that agencies that cooperate in the preparation 
of the environmental document cannot also intervene. See 94 FERC ] 
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's 
regulations, if any resource agency, Indian Tribe, or person believes 
that an additional scientific study should be conducted in order to 
form an adequate factual basis for a complete analysis of the 
application on its merit, the resource agency, Indian Tribe, or person 
must file a request for a study with the Commission not later than 60 
days from the date of filing of the application, and serve a copy of 
the request on the applicant.
    l. Deadline for filing additional study requests and requests for 
cooperating agency status: July 30, 2024.
    The Commission strongly encourages electronic filing. Please file 
additional study requests and requests for cooperating agency status 
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.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: Lyons 
Falls Hydroelectric Project (P-2548-056).
    m. The application is not ready for environmental analysis at this 
time.
    n. Project Description: The project as currently licensed consists 
of the following three developments from upstream to downstream: the 
1.05-megawatt (MW) Kosterville Development, the 2-MW Gouldtown 
Development, and the 11.2-MW Lyons Falls Development.

Project Facilities

Kosterville Development

    The Kosterville Development consists of a concrete dam (Kosterville 
Dam) that includes: (1) a non-overflow section; (2) a 314-foot-long 
spillway with a crest elevation of 889.5 feet mean sea level

[[Page 52451]]

(msl); (3) a non-overflow gated section with three 11-foot-long stoplog 
gates; and (4) an intake structure with three steel sluice gates and a 
trashrack with 2-inch clear bar spacing.
    The dam creates an impoundment that has a surface area of 3 acres 
at the spillway crest elevation of 889.5 feet msl. From the 
impoundment, water flows through the intake structure to a bay that 
includes two horizontal Francis turbines. The turbines are connected to 
a 0.55-MW generator and a 0.50-MW generator that are located in a 50-
foot-wide, 50-foot-long steel and concrete powerhouse adjacent to the 
turbine bay. Water is discharged from the turbines to the Moose River.
    The minimum and maximum hydraulic capacities of the turbines are 
150 and 540 cubic feet per second (cfs), respectively. The Kosterville 
Development's generators are connected to the regional electric grid by 
an approximately 0.25-mile-long, 2.3-kilovolt (kV) overhead generator 
lead line and a 2.2/24-kV step-up transformer.
    The Kosterville Development's project recreation facilities include 
a portage route on the north side of the impoundment that includes a 
take-out approximately 80 feet upstream of Kosterville Dam and a put-in 
approximately 100 feet downstream of the dam.

Gouldtown Development

    The Gouldtown Development consists of a concrete dam (Gouldtown 
Dam) that includes: (1) a 30-foot-long intake structure with a 10-foot-
long, 10-foot-high gate and a 30-foot-long, 12-foot-high trashrack with 
2-inch clear bar spacing; (2) a south dam section that includes: (a) a 
low-level outlet gate and a sluice gate; (b) an 84-foot-long gated 
section with eleven 5-foot-high steel gates; and (c) a 50.7-foot-long 
abutment; and (3) a north dam section that includes: (a) a non-overflow 
section with a low-level outlet gate and a sluice gate; (b) a 100-foot-
long spillway with 3-foot-high flashboards that have a crest elevation 
of 855 feet msl; and (c) an abutment section. The dam abuts a 4-acre 
island in the Moose River, between the south and north sections of the 
dam.
    The dam creates an impoundment that has a surface area of 10 acres 
at the flashboard crest elevation of 855 feet msl. From the 
impoundment, water flows through the intake structure to a 105-foot-
long, 10-foot-diameter steel penstock that conveys water to a bay that 
includes a horizontal Francis turbine and a surge pipe. The turbine is 
connected to a 2-MW generator that is located in a 48-foot-wide, 38-
foot-long concrete powerhouse adjacent to the turbine bay. Water is 
discharged from the turbine to the Moose River.
    The Gouldtown Development creates the following bypassed reach 
segments: (1) an approximately 200-foot-long segment downstream of the 
south section of the dam; and (2) an approximately 1,000-foot-long 
segment downstream of the north section of the dam that discharges 
approximately 230 feet downstream of the powerhouse (north channel 
bypassed reach). Northbrook releases minimum flows to the north channel 
bypassed reach through a 1.25-foot-diameter pipe that is attached to 
the sluice gate of the north dam.
    The minimum and maximum hydraulic capacities of the turbines are 
160 and 726 cfs, respectively.
    The Gouldtown Development's generator is connected to the regional 
electric grid by: (1) 2.3-kV generator lead lines; (2) a step-up 
transformer located in a substation; and (3) an approximately 1-mile-
long, 23-kV overhead transmission line.
    The Gouldtown Development's project recreation facilities include: 
(1) a portage route on the north side of the impoundment that includes 
a take-out approximately 200 feet upstream of Gouldtown Dam and a put-
in approximately 800 feet downstream of the dam; and (2) a parking area 
adjacent to the intersection of Kosterville and Shibley Roads.

Lyons Falls Development

    The Lyons Falls Development currently consists of a concrete dam 
(Lyons Falls Dam) that includes: (1) a west abutment; (2) an intake 
structure with three sluice gates equipped with an 89-foot-long 
trashrack with 2-inch clear bar spacing; (3) an approximately 73.3-
foot-long non-overflow section with a low level outlet gate, a 3.8-
foot-long, 6-foot-high sluice gate, and two 25-foot-long, 6-foot-high 
steel sluice gates; and (4) a 362-foot-long spillway with 2.2-foot-high 
flashboards that have a crest elevation of 806.5 feet msl.
    The dam creates an impoundment that has a surface area of 130 acres 
at the flashboard crest elevation of 806.5 feet msl. From the 
impoundment, water currently flows through the west sluice gate of the 
intake structure to a 250-foot-long, 6-foot-diameter penstock and a 
250-foot-long, 12-foot-diameter penstock, and through the east sluice 
gate of the intake structure to a 125-foot-long, 8-foot-diameter 
penstock. The two 250-foot-long penstocks currently convey water to two 
1.2-MW horizontal turbine-generator units, a 1.25 MW horizontal 
turbine-generator unit, and a 0.9 MW horizontal turbine-generator unit 
located in a 47-foot-long, 110-foot-wide brick and concrete powerhouse 
for a total installed capacity of 4.55 MW. The 125-foot-long penstock 
currently conveys water to a 1.04-MW vertical turbine-generator unit 
located in a 30-foot-long, 30-foot-wide powerhouse.
    Water is currently discharged from the turbines to the Black River. 
The Lyons Falls Development creates an approximately 300-foot-long 
bypassed reach.
    The minimum and maximum hydraulic capacities of the turbines are 
currently 410 and 1,170 cfs, respectively.
    The Lyons Falls Development's generators are currently connected to 
the regional electric grid by: (1) 2.3-kV generator lead lines; (2) two 
2.3/23-kV step-up transformers; (3) two 23-kV overhead transmission 
lines; and (4) a 540-foot-long, 23-kV overhead transmission line.
    The Commission approved a license amendment on March 30, 2016 (2016 
Order), to increase the installed capacity of the Lyons Falls 
Development from 5.61 MW to 11.2 MW by replacing the powerhouses and 
intake facilities with new facilities, including two new 5.6-MW 
turbine-generators. Northbrook has not commenced construction of the 
new facilities. Commission staff issued a letter on May 8, 2024, 
granting Northbrook's request for an extension of time to start and 
complete construction by September 30, 2025 and September 30, 2027, 
respectively. In the license application, Northbrook states that it is 
still proposing to construct the new intake and powerhouse facilities.
    The Lyons Falls Development's project recreation facilities include 
a portage route around the east side of the dam and a boat access site, 
picnic area, and parking area downstream of the dam.

Project Operation

    The current license requires the licensee to operate the project in 
a run-of-river mode. Northbrook maintains the surface elevation of the 
Lyons Falls, Gouldtown, and Kosterville Developments' impoundments at 
806.5 feet, 855 feet, and 889.5 feet msl, respectively. The current 
license requires the licensee to release a minimum flow of 5 cfs or 
inflow, whichever is less, from the Gouldtown Development to the north 
channel bypassed reach. The current license also requires the 
implementation of a recreation plan filed on July 20, 1987, and revised 
on July 28, 1988.
    The average annual energy production of the project (i.e., Lyons 
Falls,

[[Page 52452]]

Gouldtown, and Kosterville Developments) from 2019 through 2023, was 
33,601 megawatt-hours.
    The 2016 Order amended the license to include several additional 
conditions for the construction of the new intake and powerhouse 
facilities, including but not limited to: (1) preconstruction 
requirements, such as a stream flow and water level monitoring plan and 
invasive species management plan; and (2) conditions required by the 
New York Department of Environmental Conservation's water quality 
certification, such as: (a) restrictions on the timing of construction, 
impoundment drawdowns/dewatering activities, dredging, sediment 
disposal, placement of cofferdams, and erosion control measures during 
construction; and (b) run-of-river operation, water level fluctuation 
limits, minimum bypassed reach flows, seasonal installation of 1-inch 
trashrack overlays, a trashrack management plan, and downstream fish 
passage measures following construction.
    Northbrook proposes to revise the project boundary around the 
impoundments to follow the normal maximum impoundment elevations and 
add/remove land that is occupied by or adjacent to project facilities, 
which would result in a net reduction of land and water in the project 
boundary from 202 acres under the current license to 196 acres under 
the proposed relicensing.
    Northbrook proposes to continue operating the project in a run-of-
river mode. Northbrook proposes to maintain the surface elevations of 
the impoundments within 6 inches of the flashboard crests or the 
spillway crests if flashboards are not in place. Northbrook also 
proposes to: (1) release a continuous minimum flow of 10 cfs or inflow, 
whichever is less, to the north channel bypassed reach of the Gouldtown 
Development; (2) install trashrack overlays with 1-inch clear bar 
spacing at each development from April 15 through October 15; (3) 
implement a stream flow and water level monitoring plan as required by 
the 2016 Order; (4) implement the Invasive Species Management Plan, Bat 
Management Plan, and Bald Eagle Management Plan filed as Appendices H, 
I, and J of Volume 1 of the license application, respectively; (5) 
release an aesthetic flow of 0.5 inch of spill over the dam/flashboard 
crest of each development from Memorial Day to Labor Day; (6) revise 
the Recreation Plan required under the current license; (7) construct a 
parking lot for up to 15 cars at the Kosterville Development; (8) 
develop a walking trail to the pool below the Gouldtown Development 
waterfall; (9) provide public access to the Kosterville Development 
from 8:00 a.m. to 7:00 p.m. on whitewater release days; (10) cease 
generation at the Kosterville and Gouldtown Developments and release 
all inflow from the spillways when the Moose River Project is releasing 
whitewater boating flows; and (11) install directional and safety 
signage at project recreation facilities.
    o. In addition to publishing the full text of this notice in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this notice, as well 
as other documents in the proceeding (e.g., license application) via 
the internet through the Commission's Home Page (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 (P-
2548). For assistance, contact FERC at [email protected], 
(866) 208-3676 (toll free), or (202) 502-8659 (TTY).
    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.
    p. 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].
    q. Procedural Schedule: The application will be processed according 
to the following preliminary schedule. Revisions to the schedule will 
be made as appropriate.

Issue Deficiency Letter and Request Additional Information--July 2024
Issue Scoping Document 1 for comments--September 2024
Request Additional Information (if necessary)--November 2024
Issue Acceptance Letter--November 2024
Issue Scoping Document 2 (if necessary)--November 2024
Issue Notice of Ready for Environmental Analysis--November 2024

    r. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of the notice 
of ready for environmental analysis.

    Dated: June 14, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-13718 Filed 6-21-24; 8:45 am]
BILLING CODE 6717-01-P