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Notice2021-26034

Brookfield White Pine Hydro, LLC; Merimil Limited Partnership; Hydro-Kennebec, LLC; Notice of Intent To Prepare an Environmental Impact Statement for The Proposed Project Relicense, Interim Species Protection Plan, and Final Species Protection Plan, Request for Comments on Environmental Issues, Schedule for Environmental Review, and Soliciting Scoping Comments

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Published
November 30, 2021

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

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<title>Federal Register, Volume 86 Issue 227 (Tuesday, November 30, 2021)</title>
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[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Notices]
[Pages 67931-67933]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26034]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2322-069; 2322-071; 2325-100; Project No. 2574-092; 
Project No. 2611-091]


Brookfield White Pine Hydro, LLC; Merimil Limited Partnership; 
Hydro-Kennebec, LLC; Notice of Intent To Prepare an Environmental 
Impact Statement for The Proposed Project Relicense, Interim Species 
Protection Plan, and Final Species Protection Plan, Request for 
Comments on Environmental Issues, Schedule for Environmental Review, 
and Soliciting Scoping Comments

    On January 31, 2020, Brookfield White Pine Hydro, LLC filed an 
application for a new license to continue to operate and maintain the 
8.65-megawatt (MW) Shawmut Hydroelectric Project No. 2322 (Shawmut 
Project).
    On June 1, 2021, in a separate compliance proceeding for the 
Shawmut Project, Brookfield White Pine Hydro, LLC filed an Interim 
Species Protection Plan (Interim Plan) for Atlantic salmon and 
requested Commission approval to amend the current Shawmut license to 
incorporate the Interim Plan. The Interim Plan includes measures to 
protect endangered Atlantic salmon until the Commission issues a 
decision on the relicense application for the Shawmut Project.
    Also on June 1, 2021, Brookfield Power US Asset Management, LLC 
(Brookfield), on behalf of the affiliated licensees for the 6.915-MW 
Lockwood Hydroelectric Project No. 2574 (Lockwood Project), 15.433-MW 
Hydro-Kennebec Hydroelectric Project No. 2611 (Hydro-Kennebec Project), 
and 15.98-MW Weston Hydroelectric Project No. 2325 (Weston Project), 
filed a Final Species Protection Plan (Final

[[Page 67932]]

Plan) for Atlantic salmon, Atlantic sturgeon, and shortnose sturgeon 
and requested Commission approval to amend the three project licenses 
to incorporate the Final Plan. All four projects are located on the 
Kennebec River, in Kennebec and Somerset Counties, Maine.
    On July 1, 2021, Commission staff issued a notice of availability 
of a draft environmental assessment (DEA) for relicensing the Shawmut 
Project. On July 26, 2021, Commission staff issued a notice of the 
amendment applications for the Final Plan. On August 19, 2021, 
Commission staff issued a notice of the amendment application for the 
Shawmut Project's Interim Plan.
    Numerous comments were filed on the Shawmut Project DEA and the 
Interim and Final Plans. Many of the commenters state that the 
Commission's National Environmental Policy Act (NEPA) review of the 
Shawmut Project relicensing and the Interim and Final Plans should be 
done comprehensively through the preparation of an environmental impact 
statement (EIS).\1\ Commenters state that an EIS is needed to fully 
evaluate the effects of the four projects on Atlantic salmon and other 
migratory fish in the Kennebec River.
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    \1\ On July 16, 2020, the Council on Environmental Quality 
issued a final rule, Update to the Regulations Implementing the 
Procedural Provisions of the National Environmental Policy Act 
(Final Rule, 85 FR 43,304), which was effective as of September 14, 
2020. Accordingly, this EIS will be prepared pursuant to the Final 
Rule.
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    In consideration of the comments received on the record for the 
projects, staff now intends to prepare a draft and final EIS to 
evaluate the effects of relicensing the Shawmut Project and amending 
the licenses of all four projects to incorporate the measures in the 
Interim and Final Plans. The EIS will tier off Commission staff's 
Shawmut Project DEA and its findings and conclusions.\2\ Additional 
information about the Commission's NEPA process is described below in 
the NEPA Process and the EIS section of this notice.
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    \2\ The DEA for the Shawmut Project is filed in Docket P-2322-
069 and is available at the following link: <a href="https://elibrary.ferc.gov/eLibrary/filedownload?fileid=020DE0B9-66E2-5005-8110-C31FAFC91712">https://elibrary.ferc.gov/eLibrary/filedownload?fileid=020DE0B9-66E2-5005-8110-C31FAFC91712</a>.
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    By this notice, Commission staff requests public comments on the 
scope of issues to address in the EIS. Specifically, we request 
comments on potential alternatives and impacts, as well as 
identification of any relevant information, studies, or analyses of any 
kind concerning impacts affecting the quality of the human environment. 
On November 20, 2015, Commission staff issued a Scoping Document 1 and 
initiated the NEPA scoping process for the Shawmut Project relicense in 
Docket 2322-069. A revised Scoping Document was issued on August 9, 
2016. The EIS will address the concerns raised during the previous 
Shawmut Project scoping process and the comments filed on the Shawmut 
Project DEA, as well as comments received in response to this notice. 
Therefore, if you submitted comments to the Commission during the 
previous scoping process or in response to the Shawmut Project DEA, you 
do not need to file those comments again. Further details on how to 
submit comments are provided in the Public Participation section of 
this notice.
    The deadline for filing scoping comments is 30 days from the 
issuance date of this notice.

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 
<a href="/cdn-cgi/l/email-protection#cd8ba8bfae82a3a1a4a3a89eb8bdbda2bfb98daba8bfaee3aaa2bb"><span class="__cf_email__" data-cfemail="45032037260a2b292c2b20163035352a373105232037266b222a33">[email&#160;protected]</span></a>. 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 (<a href="http://www.ferc.gov">www.ferc.gov</a>) 
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 (<a href="http://www.ferc.gov">www.ferc.gov</a>) 
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 (Project 
Nos. 2322-069; P-2322-071; P-2325-100; P-2574-092; and P-2611-091) on 
your letter. Submissions sent via the U.S. Postal Service must be 
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory 
Commission, 888 First Street NE, Room 1A, Washington, DC 20426. 
Submissions sent via any other carrier must be addressed to: Kimberly 
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins 
Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called 
eSubscription which makes it easy to stay informed of all issuances and 
submittals regarding the dockets/projects to which you subscribe. These 
instant email notifications are the fastest way to receive notification 
and provide a link to the document files which can reduce the amount of 
time you spend researching proceedings. Go to <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> to register for eSubscription.

Summary of Proposed Actions

    The Lockwood Project is located at river mile (RM) 63 in 
Waterville, Maine and is the first dam on the mainstem of the Kennebec 
River. The Hydro-Kennebec Project is the next dam upriver from the 
Lockwood Project at RM 64, followed by the Shawmut Project at RM 69.5 
and the Weston Project at RM 81.5. The four projects are located within 
the range of the Gulf of Maine Distinct Population Segment of Atlantic 
salmon, which is federally listed as endangered under the Endangered 
Species Act (ESA). The projects are also located within the designated 
critical habitat for Atlantic salmon. In addition, the Lockwood 
Project's tailwater area is located in designated critical habitat for 
the threatened Atlantic sturgeon, and within the known range of the 
endangered shortnose sturgeon.
    Under the proposed relicensing action for the Shawmut Project, the 
licensee proposes numerous measures to enhance upstream and downstream 
passage of diadromous fish species at the project. The licensee also 
proposes to conduct monitoring studies to evaluate the effectiveness of 
the new passage measures at meeting performance standards for Atlantic 
salmon survival at the project.
    Under the proposed Interim Plan for the Shawmut Project, the 
licensee proposes to continue to implement protection measures 
contained in an expired Interim Plan previously approved for the 
project, and terms and conditions contained in an expired Incidental 
Take Statement issued for the project. The licensee also proposes to 
implement additional supplemental measures for the protection of 
Atlantic salmon.
    Under the proposed Final Plan for the Lockwood, Hydro-Kennebec, and 
Weston Projects, the licensees propose upstream and downstream fish 
passage measures, as well as monitoring and management measures, to 
avoid or minimize the potential adverse effects of

[[Page 67933]]

continued operation of the projects on Atlantic salmon, Atlantic 
sturgeon, and shortnose sturgeon, and the designated critical habitat 
for Atlantic salmon and Atlantic sturgeon.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss environmental effects 
that could occur as a result of the proposed Shawmut Project 
relicensing, and amending the licenses for the Shawmut, Lockwood, 
Hydro-Kennebec, and Weston Projects to include the measures contained 
in the Interim and Final Plans for the protection of ESA-listed 
Atlantic salmon, Atlantic sturgeon, and shortnose sturgeon. The EIS 
will address environmental effects associated with these proposed 
actions under the following general resource areas:

<bullet> Geology and soils
<bullet> water quality
<bullet> aquatic resources
<bullet> terrestrial resources
<bullet> threatened and endangered species
<bullet> recreation
<bullet> land use
<bullet> aesthetic resources
<bullet> socioeconomics
<bullet> cultural resources
<bullet> air quality and noise
<bullet> developmental resources

    Your comments will help Commission staff identify and focus on the 
issues that might have an effect on the human environment and 
potentially eliminate others from further study and discussion in the 
EIS.
    The EIS will present Commission staff's independent analysis of the 
issues. Staff will prepare a draft EIS which will be issued for public 
comment. Commission staff will consider all timely comments received 
during the comment period on the draft EIS and revise the document, as 
necessary, before issuing a final EIS. The draft and final EIS will be 
available in electronic format in the public record through eLibrary. 
If eSubscribed, you will receive email notification when environmental 
documents are issued.

Expected Environmental Impacts

    Based on the previous pre-filing scoping process for the Shawmut 
Project, staff's analysis in the Shawmut Project DEA, Brookfield's 
proposed Interim and Final Plans and the comments received on the 
record for each of these proceedings, Commission staff has identified 
the following major environmental impacts of the proposed action that 
will be evaluated in the EIS: (1) Effects of construction of proposed 
fish passage facilities on water quality and aquatic habitat; (2) 
effects of operation of existing and proposed fish passage facilities 
on upstream and downstream migration of diadromous fish populations, 
including threatened and endangered species and critical habitat; and 
(3) effects of proposed fish passage facility construction on cultural 
resources at the projects.

Alternatives Under Consideration

    As part of our review in the EIS, Commission staff will consider 
all reasonable alternatives, which include: Alternatives that are 
technically and economically feasible, meet the purpose and need for 
the proposed action, and meet the goals of the applicant.\3\ 
Alternatives that do not meet these requirements will be summarized and 
dismissed from further consideration in the EIS. Staff will also 
consider the no-action alternative. With this notice, we ask commenters 
to identify potential alternatives for consideration.
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    \3\ 40 CFR 1508.1(z)
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Schedule for Environmental Review

    This scoping notice identifies Commission staff's planned schedule 
for completion of the draft and final EIS for the proposals.

Issuance of Notice of Availability of the draft EIS--August 2022
Issuance of Notice of Availability of the final EIS--February 2023

    If a schedule change becomes necessary, an additional notice will 
be provided so that the relevant agencies are kept informed of the 
projects' progress. After the final EIS is issued, the Commission will 
make a decision on the proposals.

Permits and Authorizations Required

    The table below lists the permits and authorizations that are 
anticipated to be required for the proposed actions. We note that this 
list may not be all-inclusive and does not preclude any required 
permits or authorizations 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 these actions. Agencies 
that would like to request cooperating agency status should follow the 
instructions for filing comments provided under the Public 
Participation section of this notice.

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                  Permit                               Agency
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Clean Water Act Section 401 Water Quality   Maine Department of
 Certification.                              Environmental Protection.
Endangered Species Act Section 7            National Marine Fisheries
 Consultation.                               Service.
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Additional Information

    Additional information about the project is available on the FERC 
website at <a href="http://www.ferc.gov">www.ferc.gov</a> using the eLibrary link. Click on the eLibrary 
link, click on ``General Search'' and enter the docket number in the 
``Docket Number'' field, excluding the last three digits (i.e., P-2322, 
P-2325, P-2574, and P-2611). Be sure you have selected an appropriate 
date range. For assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#dd9bb8afbe92b3b1b4b3b88ea8adadb2afa99dbbb8afbef3bab2ab"><span class="__cf_email__" data-cfemail="5e183b2c3d11303237303b0d2b2e2e312c2a1e383b2c3d70393128">[email&#160;protected]</span></a> or (866) 208-3676, or for TTY, contact (202) 
502-8659. The eLibrary link also provides access to the texts of all 
formal documents issued by the Commission, such as orders, notices, and 
rulemakings.
    If you have further questions you may also contact Marybeth Gay at 
<a href="/cdn-cgi/l/email-protection#337e52414a5156475b1d54524a73555641501d545c45"><span class="__cf_email__" data-cfemail="e1ac80939883849589cf868098a187849382cf868e97">[email&#160;protected]</span></a>, or 202-502-6125, or Matt Cutlip at 
<a href="/cdn-cgi/l/email-protection#15587461613b566061797c6555737067763b727a63"><span class="__cf_email__" data-cfemail="f4b9958080dab78180989d84b492918697da939b82">[email&#160;protected]</span></a>, or 503-552-2762.

    Dated: November 23, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26034 Filed 11-29-21; 8:45 am]
BILLING CODE 6717-01-P


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