Notice2023-03010
Appalachian Power Company; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions
Primary source
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Published
February 13, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 29 (Monday, February 13, 2023)</title>
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[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9274-9275]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03010]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2466-037]
Appalachian Power Company; Notice of Application Accepted for
Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Recommendations,
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions
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.: 2466-037.
c. Date Filed: February 28, 2022.
d. Applicant: Appalachian Power Company (Appalachian).
e. Name of Project: Niagara Hydroelectric Project (Niagara
Project).
f. Location: The project is located on the Roanoke River, in
Roanoke County, Virginia. The project occupies 0.9 acre of federal land
managed by the National Park Service.
g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
h. Applicant Contact: Mr. Jonathan Magalski, Environmental
Supervisor, Renewables, American Electric Power Service Corporation c/o
Appalachian Power Company, 1 Riverside Plaza, Columbus, OH 43215; Phone
at (614) 716-2240 or email at <a href="/cdn-cgi/l/email-protection#a1cbccccc0c6c0cdd2cac8e1c0c4d18fc2cecc"><span class="__cf_email__" data-cfemail="e8828585898f89849b8381a8898d98c68b8785">[email protected]</span></a>.
i. FERC Contact: Laurie Bauer at (202) 502-6519, or
<a href="/cdn-cgi/l/email-protection#fd919c888f9498d39f9c88988fbd9b988f9ed39a928b"><span class="__cf_email__" data-cfemail="620e0317100b074c000317071022040710014c050d14">[email protected]</span></a>.
j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions 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#99dfdccbdad6f7f5f0f7fccaece9e9f6ebedd9fffcebfab7fef6ef"><span class="__cf_email__" data-cfemail="de989b8c9d91b0b2b7b0bb8dabaeaeb1acaa9eb8bbacbdf0b9b1a8">[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, 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. All filings must clearly identify the project name and docket
number on the first page: Niagara Hydroelectric Project (P-2466-037).
The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person 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. This application has been accepted for filing and is now ready
for environmental analysis.
The Council on Environmental Quality (CEQ) issued a final rule on
April 20, 2022, revising the regulations under 40 CFR parts 1502, 1507,
and 1508 that federal agencies use to implement the National
Environmental Policy Act (NEPA) (see National Environmental Policy Act
Implementing Regulations Revisions, 87 FR 23453-70). The final rule
became effective on May 20, 2022. Commission staff intends to conduct
its NEPA review in accordance with CEQ's new regulations.
l. The existing Niagara Project consists of: (1) a 52-foot-high,
462-foot-long concrete dam, inclusive of the right non-overflow
abutment (70 feet long) and main spillway (392 feet long) with a crest
elevation of 885 feet; \1\ (2) a 62-acre impoundment with a gross
storage capacity of 425 acre-feet at the normal pool elevation of 884.4
feet; (3) an 11-foot-diameter, 500-foot-long corrugated metal pipe
penstock with associated entrance and discharge structures; (4) a
1,500-foot-long bypassed reach; (5) a 92-foot-long, 58-foot-wide, 42-
foot-high concrete powerhouse containing two generating units with a
total authorized installed capacity of 2.4 megawatts (MW); (6) a 103-
foot-long auxiliary spillway with a crest elevation of 886 feet located
downstream of the upstream intake; (7) transmission facilities
consisting of 50-foot-long, 2.4-kilovolt (kV) generator leads and a 3-
phase, 2.4/12-kV, 2,500-kilovolt ampere (kVA) step-up transformer; and
(8) appurtenant facilities.
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\1\ All elevations are in National Geodetic Vertical Datum of
1929.
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The Niagara Project operates in a run-of-river (ROR) mode under all
flow conditions, where outflow approximates inflow, with an average
annual generation of 8,557 megawatt-hours between 2018 and 2021. The
project is operated to maintain the impoundment at or near elevation
884.4 feet, which is 0.6 foot below the crest of the main spillway.
During extreme flow conditions, such as rapidly changing inflows,
Appalachian operates the project with a minimum impoundment elevation
of 883.4 feet. Appalachian provides a minimum flow of 50 cubic feet per
second (cfs), or inflow to the impoundment, whichever is less, below
the project as measured at the U.S. Geological Survey gage located
approximately 200 feet downstream of the powerhouse. When the project
is not generating, this flow is provided over the spillway. Appalachian
also provides a year-round minimum flow of 8 cfs into the bypassed
reach through the sluice gate or over the spillway.
Appalachian proposes to continue operating the project in a ROR
mode and to increase the existing minimum flow provided to the bypassed
reach from 8 cfs to 30 cfs to protect water quality and aquatic
resources in the bypassed reach.
m. A copy of the 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. For assistance, contact FERC Online
Support. At this time, the Commission has suspended access to the
Commission's Public Reference Room, due to the proclamation declaring a
National Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact FERC
at <a href="/cdn-cgi/l/email-protection#8dcbc8dfcec2e3e1e1e4e3e8def8fdfde2fff9cdebe8ffeea3eae2fb"><span class="__cf_email__" data-cfemail="c3858691808cadafafaaada690b6b3b3acb1b783a5a6b1a0eda4acb5">[email protected]</span></a> or call toll-free, (886) 208-3676 or
TTY, (202) 502-8659.
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, contact FERC
Online Support.
n. 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, and .214. In determining
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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.
All filings must (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (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 protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application 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 4.34(b) and
385.2010.
o. Procedural Schedule:
The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.
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Milestone Target date
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Filing of Comments, Recommendations, April 2023.
Preliminary Terms and Conditions, and
Preliminary Fishway Prescriptions.
Filing of Reply Comments.................. May 2023.
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p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
q. The applicant must file no later than 60 days following the date
of issuance of this notice: (1) a copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification. Please note
that the certification request must comply with 40 CFR 121.5(b),
including documentation that a pre-filing meeting request was submitted
to the certifying authority at least 30 days prior to submitting the
certification request. Please also note that the certification request
must be sent to the certifying authority and to the Commission
concurrently.
Dated: February 7, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-03010 Filed 2-10-23; 8:45 am]
BILLING CODE 6717-01-P
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</html>Indexed from Federal Register on February 13, 2023.
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