[Federal Register Volume 91, Number 91 (Tuesday, May 12, 2026)]
[Notices]
[Pages 25878-25880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-09425]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 15249-002]
Lewis Ridge Pumped Storage, LLC; Notice of Intent To Prepare an
Environmental Impact Statement for the Lewis Ridge Pumped Storage
Project, Schedule for Environmental Review, and Request for Comments
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare a draft and final environmental impact
statement (EIS) to evaluate potential environmental impacts of the
construction, operation, and maintenance of the proposed Lewis Ridge
Pumped Storage Project (Lewis Ridge Project; FERC No. 15249), located
near the towns of Blackmont, Tejay, Balkan, and Callaway in Bell
County, Kentucky.\1\ The Commission will use the EIS in its decision-
making process in accordance with the National Environmental Policy Act
(NEPA). The schedule for preparing the EIS is discussed in the Schedule
for Environmental Review section of this notice.
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\1\ For tracking purposes under the National Environmental
Policy Act, the unique identification number for documents relating
to this environmental review is EISX-019-20-000-1769690003.
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As part of the NEPA review process, the Commission takes into
account concerns the public may have about proposals and the
environmental impacts that could result whenever it considers the
issuance of a license. This gathering of public input is referred to as
``scoping.'' On October 24, 2025, Commission staff issued a notice of
scoping period requesting comments on environmental issues for the
proposed project, initiating the scoping process for the project.
In accordance with the Commission's regulations, on February 2,
2026, Commission staff issued a notice that the project was ready for
environmental analysis and soliciting comments, recommendations, terms
and conditions, and prescriptions (REA Notice). The comment period for
the REA Notice closed on April 3, 2026. Based on the information in the
record, including comments filed during scoping and in response to the
REA Notice, staff has determined that licensing the project may
constitute a major federal action significantly affecting the quality
of the human environment. Therefore, staff will prepare a draft and
final EIS for the proposed Lewis Ridge Project, which will address the
concerns raised during prior comment periods and comments received in
response to this notice.
By this notice, the Commission requests any additional comments on
the scope of issues to address in the EIS, including comments on
potential alternatives and impacts, and any relevant information,
studies, or analyses of any kind concerning impacts affecting the
quality of the human environment. If you previously submitted comments
and recommendations to the Commission, you do not need to file those
comments and recommendations again. To ensure that your comments are
timely and properly recorded, please submit your comments so that the
Commission receives them in Washington, DC on or before 5:00 p.m.
Eastern Time on June 8, 2026.
Public Participation
There are three methods you can use to submit your comments to the
Commission. The Commission encourages electronic filing of comments and
has staff available to assist you at (866) 208-3676, or
[email protected]. Please carefully follow these instructions
so that your comments are properly recorded.
(1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
(2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
(3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (P-
15249-002) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Debbie-Anne A. Reese, 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,
[[Page 25879]]
Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
Additionally, the Commission offers a free service called
eSubscription. This service provides automatic notification of filings
made to subscribed project dockets, document summaries, and direct
links to the documents. Go to https://www.ferc.gov/ferc-online/overview
to register for eSubscription.
For public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, contact the Office
of Public Participation at (202)502-6595, or [email protected].
Summary of the Proposed Lewis Ridge Project
On June 13, 2025, Lewis Ridge Pumped Storage, LLC (Lewis Ridge
LLC), filed an application for an original major license to construct
and operate the 308-megawatt (MW) Lewis Ridge Project. The proposed
project boundary would enclose about 148 acres of privately owned land,
primarily owned by Asher Land and Mineral, LLLP, which it used
previously for surface and underground coal mining. About 16 additional
parcels of privately owned property would be included in the project
boundary, primarily along the transmission line and water intake
conduit extending from the Cumberland River to the lower reservoir.
These lands are identified in Exhibit G of the application (Project
Boundary Drawing).
Proposed Project Facilities
The proposed Lewis Ridge Project would consist of a 48.2-acre upper
reservoir created by an 8,241-foot-long, 50-foot-high rock earth-fill
dam with an integrated emergency overflow spillway passing flows to the
Pound Mill Branch and into Puckett Creek. The upper reservoir would
have an active storage of about 2,602 acre-feet between a normal
maximum elevation of 2,150 feet and a normal minimum elevation of 2,076
feet.\2\ An intake in the upper reservoir would pass flows to a 3,134-
foot-long, 16-foot-diameter aboveground penstock. The penstock would
connect to a powerhouse located 267 feet below ground, containing two
154-MW reversible pump-turbines with a total rated capacity of 308 MW.
Flows from the powerhouse would pass through two 249-foot-long, 12-
foot-diameter draft tubes to a 110-foot-long water intake located at
the lower reservoir. The 51.6-acre lower reservoir would be created by
a 1,120-foot-long, 138-foot-high earth-fill dam and have an integrated
emergency overflow spillway passing flows to the Cumberland River. The
lower reservoir would have a gross storage of 3,486 acre-feet and
active storage of about 2,602 acre-feet between a normal maximum
elevation of 1,134 feet and a normal minimum elevation of 1,034 feet.
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\2\ Elevations are based on the North American Vertical Datum of
1988 (NAVD 88).
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A permanent intake would be located on the Cumberland River to
provide initial fill flows and maintenance flows. The intake would
consist of six screened inlets which connect to a removable/mobile
pumping station. Flows from the pumping station would pass through
three parallel 4,724-foot-long, 24-inch-diameter buried pipelines which
would direct flows to a stilling basin at the lower reservoir.
Lewis Ridge LLC would develop about 7.1 miles of permanent roads
for project access and maintenance, and 4 miles of temporary roads for
construction. Lewis Ridge LLC would use two disposal sites to deposit
excess spoil material (excavated soil and rocks). After completing
construction, these sites would be seeded and revegetated.
The project would include a 2.5-mile-long, 161-kilovolt overhead
transmission line and two switching stations, connecting the project
powerhouse to the grid at the existing Pineville-Harlan #1 transmission
line. Under normal operation, the project would have the capacity to
produce about 717,000 megawatt hours (MWh) of peak energy annually.
Project Operation
The Lewis Ridge Project would use flows from the Cumberland River
and Tom Fork River for the initial fill and periodic recharge of the
reservoirs. The project would require about 2,808 acre-feet of water
for the initial fill and 149 acre-feet annually to replace water that
would be lost to evaporation and seepage. All flows in the Tom Fork
River above 2.8 cubic feet per second (cfs) would be available for
maintenance flows and initial fill. About 10% of the mean monthly flow
in the Cumberland River would be used for initial fill and to
supplement Tom Fork River flows for maintenance when needed.
The lower reservoir would inundate part of the 1.8-mile-long Tom
Fork River. The lower reservoir dam would include a low-level outlet,
which would be used for emergency releases, as well as providing
approximately 2.8 cfs (the estimated mean annual flow) to the lower
section of the Tom Fork River.
The proposed project would pump water from the lower reservoir to
the upper reservoir during periods of low electrical demand (i.e., off-
peak energy) and generate energy by passing the water from the upper to
the lower reservoir through the generating units during periods of high
electrical demand (i.e., peak energy). Water surface elevations in the
upper reservoir would fluctuate about 74 feet under normal operation.
The water surface elevation in the lower reservoir would fluctuate 100
feet. The project would produce 266 MW of energy for an 8-hour
generation cycle and take 8.8 hours to return water from the lower
reservoir to the upper reservoir. The return cycle would require 340 MW
of power.
Applicant's Proposed Measures
Under an original license, in addition to constructing, operating,
and maintaining the project as described above, Lewis Ridge LLC would
implement the following measures: (1) additional geo-technical
analyses; (2) an erosion and sediment control plan; (3) a water quality
monitoring plan; (4) a stormwater pollution prevention plan; (5) a
hazardous substances spill prevention and cleanup plan; (6) a
groundwater protection plan; (7) fish exclusion measures; (8) a
freshwater mussel relocation program; (9) a wildlife management plan;
(10) a vegetation management plan; and (11) a historic properties
management plan.
The purpose of the proposed project is to provide a new source of
hydroelectric power, primarily during on-peak periods, and provide
ancillary services to the electrical grid. Therefore, under the
provisions of the Federal Power Act (FPA), the Commission must decide
whether to issue a license to Lewis Ridge LLC for the project and what
conditions should be placed on any license issued.
The NEPA Process and the EIS
The draft and final EIS issued by the Commission will discuss
impacts that could occur from constructing and operating the proposed
project under the following relevant general resource areas:
geology and soil resources;
water and aquatic resources;
terrestrial resources;
threatened and endangered species;
recreation, land use, and aesthetic resources;
cultural resources;
socioeconomic resources, noise and vibration, air quality;
and
developmental resources.
Some of the potential effects include: (1) erosion and
sedimentation; (2) the timing and magnitude of water withdrawals from
the Cumberland River and Tom Fork River for initial fill and
[[Page 25880]]
periodic recharge on water quality and aquatic habitat, including
associated effects on aquatic organisms, threatened and endangered
species, and riparian habitat; (3) the spread of non-native, invasive
aquatic and terrestrial species on native species; (4) disturbance of
vegetation and suitable habitat for special-status wildlife species,
including federally listed species; (5) altered land use and
aesthetics; (6) public safety resulting from potential project-related
water releases; (7) effects on cultural resources; and (8) changes to
local economics, noise/vibrations, and air quality during project
construction and operation.
Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on issues that may have a
significant effect on the human environment.
On June 26, 2025, Commission staff issued a notice of filing of an
application for an original license for the project, which invited
agencies wishing to cooperate in the preparation of the environmental
document. No agencies filed requests for cooperating agency status.
The draft and final EIS will present Commission staff's independent
analysis of the issues. The draft EIS will be issued for public comment
and circulated for review by all interested parties. Commission staff
will consider all timely comments received during the comment period on
the draft EIS and revise the document, as necessary, before issuing the
final EIS. The draft and final EIS will be available in electronic
format in the public record through eLibrary.\3\ If eSubscribed, you
will receive an instant email notification when the environmental
document is issued.
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\3\ For instructions on connecting to eLibrary, refer to the
Additional Information section of this notice this notice.
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Alternatives Under Consideration
As part of our review in the EIS, the Commission will consider a
range of reasonable alternatives that are technically and economically
feasible and meet the purpose and need for the proposed action.
Alternatives that do not meet these requirements will be summarized and
dismissed from further consideration in the EIS document. In addition
to the proposed action, staff will consider a no-action alternative. We
are also considering an alternative to the proposed action that
potentially meets the above criteria: the applicant's proposed action
with staff modifications, including any mandatory conditions (i.e., the
staff alternative with mandatory conditions).
With this notice, we ask commenters to identify other potentially
reasonable alternatives for consideration. The alternatives considered
may be expanded based on the comments received, provided they meet the
criteria described above.
Schedule for Environmental Review
This Notice of Intent identifies Commission staff's planned
schedule for completion of the final EIS for the project, which is
based on an issuance of a draft EIS in November 2026, opening a 45-day
public comment period. All comments filed will be reviewed by staff and
considered in the Commission's final decision on the proceeding.
Issuance of Notice of Availability of the final EIS--July 16, 2027
If a schedule change becomes necessary, an additional notice will
be provided so that the relevant agencies and interested stakeholders
are kept informed of the project's progress.
Permits and Authorizations
The table below lists the anticipated permits and authorizations
for the project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to this project.
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Agency Permit or authorization
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FERC................................... Non-Federal Hydropower License.
U.S. Army Corps of Engineers........... Clean Water Act Section 404
Permit.
U.S. Fish and Wildlife Service......... Consultation under Section 7 of
the Endangered Species Act.
Kentucky Heritage Council.............. Consultation under Section 106
of the National Historic
Preservation Act.
Kentucky Department for Environmental Clean Water Act Section 401
Protection, Division of Water. Water Quality Certification.
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Additional Information
Additional information about the project is available on the FERC
website at www.ferc.gov, using the eLibrary link. Click on the eLibrary
link, then click on ``General Search'' and enter the Docket No. P-15249
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected], (866) 208-3676 (toll free), or
(202) 502-8659 (TTY).
Any questions regarding this notice may be directed to Sarah
Salazar, the FERC licensing coordinator for the Lewis Ridge Project, at
(202) 502-6863 or [email protected].
(Authority: 18 CFR 2.1.)
Dated: May 7, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-09425 Filed 5-11-26; 8:45 am]
BILLING CODE 6717-01-P