Notice2022-22602
Consumers Energy Company; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests
Primary source
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Published
October 18, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 200 (Tuesday, October 18, 2022)</title>
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[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Page 63056]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22602]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2452-236]
Consumers Energy Company; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests
Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
a. Application Type: Non-capacity Amendment of License and Request
for Temporary Variance.
b. Project No: 2452-236.
c. Date Filed: September 2, 2022, as supplemented on September 16,
2022.
d. Applicant: Consumers Energy Company.
e. Name of Project: Hardy Hydroelectric Project.
f. Location: The project is located on the Muskegon River in
Newaygo County, Michigan.
g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
h. Applicant Contact: David McIntosh, Senior Licensing Engineer,
Consumers Energy Company, 330 Chestnut Street, Cadillac, MI 49601,
<a href="/cdn-cgi/l/email-protection#7034312639345e3d33393e243f233830131d03151e150217095e131f1d"><span class="__cf_email__" data-cfemail="86c2c7d0cfc2a8cbc5cfc8d2c9d5cec6e5ebf5e3e8e3f4e1ffa8e5e9eb">[email protected]</span></a>, Phone: (800) 477-5050.
i. FERC Contact: Elizabeth Moats, (202) 502-6632,
<a href="/cdn-cgi/l/email-protection#26634a4f5c474443524e0869554f43546b49475255664043544508414950"><span class="__cf_email__" data-cfemail="692c050013080b0c1d0147261a000c1b2406081d1a290f0c1b0a470e061f">[email protected]</span></a>.
j. Deadline for filing comments, motions to intervene, and
protests: November 11, 2022.
The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at <a href="http://www.ferc.gov/docs-filing/efiling.asp">http://www.ferc.gov/docs-filing/efiling.asp</a>.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at <a href="http://www.ferc.gov/docs-filing/ecomment.asp">http://www.ferc.gov/docs-filing/ecomment.asp</a>. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at <a href="/cdn-cgi/l/email-protection#561013041519383a3f383305232626392422163033243578313920"><span class="__cf_email__" data-cfemail="3f797a6d7c70515356515a6c4a4f4f504d4b7f595a4d5c11585049">[email protected]</span></a>, (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: 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. The first page of any filing should
include the docket number P-2452-236. Comments emailed to Commission
staff are not considered part of the Commission record.
The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears 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. Description of Request: The licensee requests a non-capacity
amendment of its license to upgrade the project's auxiliary spillway
with: (1) a new 320-foot-wide labyrinth crested control section; (2) a
new converging chute section; (3) a stilling basin; (4) a section of
articulated concrete blocks; and (5) a terminal structure that extends
to the Muskegon River. The licensee proposes to begin construction
during summer 2023 and construction activities would last approximately
3 years. The licensee's proposal would require replacing and widening
the road on the dam crest and temporary closure of several recreation
sites (e.g., Hardy Dam Nature Trail, Hardy Dam Marina, and Operator's
Village Fishing Pier).
To complete the construction described above, the licensee proposes
to extend the already permitted temporary variance from Article 401,
approved by the Commission on September 6, 2022. Article 401 allows the
licensee to, among other things, drawdown the reservoir elevation 12
feet below the normal operating elevation from January 1 to April 30.
The temporary variance approved on September 6, 2022, allows the winter
drawdown to occur from November 1 until the Friday before Memorial Day
from September 2022 through December 10, 2025. On September 16, 2022,
the licensee requested to extend the temporary variance to incorporate
drawdown periods from September 1, 2023, to July 31, 2024; from
November 1, 2024, to the end of May 2025; and from November 1, 2025, to
July 31, 2026; and resume the licensed winter drawdown period on
January 1, 2027.
l. Locations of the Application: This application may be viewed on
the Commission's website at <a href="http://www.ferc.gov">http://www.ferc.gov</a> using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at <a href="http://www.ferc.gov/docs-filing/esubscription.asp">http://www.ferc.gov/docs-filing/esubscription.asp</a> to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<a href="/cdn-cgi/l/email-protection#15535047565a7b797c7b70466065657a676155737067763b727a63"><span class="__cf_email__" data-cfemail="32747760717d5c5e5b5c57614742425d404672545740511c555d44">[email protected]</span></a>, for TTY, call (202) 502-8659. Agencies may
obtain copies of the application directly from the applicant.
m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
n. Comments, Protests, or Motions to Intervene: 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,
.214, respectively. 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.
o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (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, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.
Dated: October 12, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-22602 Filed 10-17-22; 8:45 am]
BILLING CODE 6717-01-P
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