[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