Notice2023-08323
York Haven Power Company, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests
Primary source
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Published
April 20, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 76 (Thursday, April 20, 2023)</title>
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[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Page 24408]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08323]
[[Page 24408]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 1888-043]
York Haven Power Company, LLC; 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: Application for Non-Capacity Amendment of
License.
b. Project No: 1888-043.
c. Date Filed: January 26, 2023.
d. Applicant: York Haven Power Company, LLC (licensee).
e. Name of Project: York Haven Hydroelectric Project.
f. Location: The project is located on the Susquehanna River in
Lancaster and York counties, Pennsylvania.
g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
h. Applicant Contact: Jody Smet, Eagle Creek Renewable Energy, LLC;
7315 Wisconsin Avenue, Suite 1100W, Bethesda, MD 20814; Phone: (804)
739-0654.
i. FERC Contact: Joy Kurtz, (202) 502-6760, <a href="/cdn-cgi/l/email-protection#4903263067023c3b3d33092f2c3b2a672e263f"><span class="__cf_email__" data-cfemail="8cc6e3f5a2c7f9fef8f6cceae9feefa2ebe3fa">[email protected]</span></a>.
j. Deadline for filing comments, motions to intervene, and
protests: May 13, 2023.
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#3b7d7e697874555752555e684e4b4b54494f7b5d5e4958155c544d"><span class="__cf_email__" data-cfemail="efa9aabdaca0818386818abc9a9f9f809d9baf898a9d8cc1888099">[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-1888-043. 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 the Commission
amend its project license to reflect a change in the design of the
nature-like fishway (NLF) required by Article 401 of the project
license, Pennsylvania Department of Environmental Protection's
(Pennsylvania DEP) Water Quality Certificate (WQC) and U.S. Fish and
Wildlife Service's (FWS) fishway prescription. These conditions require
the construction and operation of a NLF based on design criteria and
other specifications articulated in the project's 2014 Settlement
Agreement. Following significant design challenges with the NLF and
subsequent dispute-resolution efforts undertaken by the parties to the
Settlement Agreement, the Settlement Agreement was amended to reflect
the design change from an in-river NLF to an inland bypass NLF. In
order to ensure consistency between the Settlement Agreement and the
project license, the licensee is seeking Commission approval to amend
the project license to reflect an inland bypass NLF rather than an in-
river NLF, including the portion of Article 401(a) that identifies the
deadline in which the NLF must be operational, and deadlines in which
the licensee must file the plans and specifications, as well as a
monitoring plan for the NLF for Commission approval. Finally, the
licensee has filed requests with the Pennsylvania DEP and FWS to amend
the WQC and fishway prescription, respectively, to reflect the terms of
the amended to the Settlement Agreement. Once those documents are
amended, the licensee requests they be incorporated into the project
license.
l. Location of the Application: The Commission provides all
interested persons an opportunity to view and/or print the contents of
this document via the internet through the Commission's website at
<a href="http://www.ferc.gov/docs-filing/elibrary.asp">http://www.ferc.gov/docs-filing/elibrary.asp</a>. 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. Agencies may
obtain copies of the application directly from the applicant. 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 the Federal Energy
Regulatory Commission at <a href="/cdn-cgi/l/email-protection#2f696a7d6c60414346414a7c5a5f5f405d5b6f494a5d4c01484059"><span class="__cf_email__" data-cfemail="a5e3e0f7e6eacbc9cccbc0f6d0d5d5cad7d1e5c3c0d7c68bc2cad3">[email protected]</span></a> or call toll free,
(866) 208-3676 or TTY, (202) 502-8659.
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: April 13, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-08323 Filed 4-19-23; 8:45 am]
BILLING CODE 6717-01-P
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</html>Indexed from Federal Register on April 20, 2023.
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