Notice2023-03838

Green Mountain Power Corporation; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions

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Published
February 24, 2023

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

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<title>Federal Register, Volume 88 Issue 37 (Friday, February 24, 2023)</title>
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[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Notices]
[Pages 11906-11907]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03838]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2445-028]


Green Mountain Power Corporation; Notice of Application Accepted 
for Filing, Soliciting Motions To Intervene and Protests, Ready for 
Environmental Analysis, and Soliciting Comments, Recommendations, Terms 
and Conditions, and Prescriptions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 2445-028.
    c. Date Filed: December 23, 2021.
    d. Applicant: Green Mountain Power Corporation.
    e. Name of Project: Center Rutland Hydroelectric Project (project).
    f. Location: On Otter Creek in Rutland County, Vermont. The project 
does not occupy any federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jason Lisai, Green Mountain Power 
Corporation, 163 Acorn Lane, Colchester, VT 05446-6611; Phone at (802) 
770-2195, or email at <a href="/cdn-cgi/l/email-protection#9af0fbe9f5f4b4f6f3e9fbf3dafde8fffff4f7f5eff4eefbf3f4eaf5edffe8b4f9f5f7"><span class="__cf_email__" data-cfemail="355f54465a5b1b595c46545c75524750505b585a405b41545c5b455a4250471b565a58">[email&#160;protected]</span></a>.
    i. FERC Contact: Taconya D. Goar at (202) 502-8394, or 
<a href="/cdn-cgi/l/email-protection#316550525e5f48501f765e504371575443521f565e47"><span class="__cf_email__" data-cfemail="732712101c1d0a125d341c120133151601105d141c05">[email&#160;protected]</span></a>.
    j. Deadline for filing motions to intervene and protests, comments, 
recommendations, terms and conditions, and 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 and protests, comments, recommendations, terms and 
conditions, and prescriptions using the Commission's eFiling system at 
<a href="https://ferconline.ferc.gov/FERCOnline.aspx">https://ferconline.ferc.gov/FERCOnline.aspx</a>. Commenters can submit 
brief comments up to 6,000 characters, without prior registration, 
using the eComment system at <a href="https://ferconline.ferc.gov/QuickComment.aspx">https://ferconline.ferc.gov/QuickComment.aspx</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#0f494a5d4c40616366616a5c7a7f7f607d7b4f696a7d6c21686079"><span class="__cf_email__" data-cfemail="a8eeedfaebe7c6c4c1c6cdfbddd8d8c7dadce8cecddacb86cfc7de">[email&#160;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 docket number P-2445-028.
    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 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.
    l. Project Description: The existing Center Rutland Hydroelectric 
Project consists of: (1) a 190-foot-long, 14-foot-high concrete and 
stone masonry gravity dam that includes: (a) a 174-foot-long spillway 
section with a crest elevation of 504.8 feet National Geodetic Vertical 
Datum of 1929 (NGVD 29); and (b) a 16-foot-long non-overflow section; 
(2) an impoundment with a surface area of 13 acres and a storage 
capacity of 30 acre-feet at an elevation of 507.4 feet NGVD 29; (3) a 
13-foot-long, 7- to 30-foot-wide forebay; (4) a 39.58-foot-wide, 18-
foot-high concrete and marble masonry intake structure with a 6.7-foot-
wide, 6.5-foot-high steel headgate and a 30-foot-wide, 12-foot-high 
trashrack with \9/16\-inch clear bar spacing; (5) a 6-foot-diameter, 
75-foot-long steel penstock; (6) a 40-foot-long, 33-foot-wide stone and 
marble masonry powerhouse containing one 275-kilowatt horizontal-shaft 
turbine-generator; (7) a 480-volt/12.47-kilovolt (kV) transformer and 
80-foot-long, 12.47-kV transmission line that interconnects with the 
local distribution grid; (8) a 0.35-mile-long fiber optic cable for 
smart grid communications with the electric system; and (9) appurtenant 
facilities. The project creates an approximately 100-foot-long bypassed 
reach of Otter Creek.
    The current license requires: (1) run-of-river operation, such that 
outflow from the project approximates inflow to the impoundment; (2) a 
minimum bypassed reach flow of 80 cubic feet per second (cfs) or inflow 
to the impoundment, whichever is less, from June 1 through October 15; 
and (3) a minimum flow of 90 percent of inflow to the impoundment 
downstream of the powerhouse when refilling the impoundment following a 
drawdown for maintenance or emergencies. In addition, the current 
license requires the implementation of a recreation plan that includes 
provisions for installing an off-street parking area, signage, 
landscaping, a picnic area, and a marked footpath to the river.
    The applicant proposes to: (1) continue operating the project in a 
run-of-river mode; (2) continue releasing a minimum bypassed reach flow 
of 80 cfs or inflow, whichever is less, from June 1 through October 15; 
(3) release a minimum bypassed reach flow of 40 cfs or inflow, 
whichever is less, from October 16 through May 31; (4) implement a 
seasonal tree clearing restriction from April 15 through October 31, 
for trees that are 4 inches in diameter or greater, to protect the 
federally-listed northern long-eared bat; (5) develop and implement a 
flow management and monitoring plan; and (6) develop and implement a 
historic properties management plan. In addition, the applicant states 
that the recreation facilities required by the current license were not 
developed and that it is not proposing to develop the facilities as 
part of relicensing, but instead proposes to transfer land to the Town 
of Rutland, Vermont, so that the Town can develop recreation facilities 
in the same location.
    m. A copy of the application can be viewed on the Commission's 
website at <a href="https://www.ferc.gov">https://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

[[Page 11907]]

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#490f0c1b0a06272520272c1a3c3939263b3d092f2c3b2a672e263f"><span class="__cf_email__" data-cfemail="94d2d1c6d7dbfaf8fdfaf1c7e1e4e4fbe6e0d4f2f1e6f7baf3fbe2">[email&#160;protected]</span></a> or call toll free, (886) 208-3676 or TTY 
(202) 502-8659.
    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 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,'' ``TERMS AND CONDITIONS,'' or ``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 on the service list prepared by the Commission in this 
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    You may also register online at <a href="https://ferconline.ferc.gov/FERCOnline.aspx">https://ferconline.ferc.gov/FERCOnline.aspx</a> to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    o. 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.
    p. Procedural schedule: The application will be processed according 
to the following preliminary schedule. Revisions to the schedule will 
be made as appropriate.

------------------------------------------------------------------------
                  Milestone                           Target date
------------------------------------------------------------------------
Deadline for filing interventions, protests,   April 2023.
 comments, recommendations, preliminary terms
 and conditions, and preliminary fishway
 prescriptions.
Deadline for filing reply comments...........  June 2023.
------------------------------------------------------------------------

    q. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.

    Dated: February 17, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-03838 Filed 2-23-23; 8:45 am]
BILLING CODE 6717-01-P


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Indexed from Federal Register on February 24, 2023.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.