Notice2023-23100
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
October 19, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 201 (Thursday, October 19, 2023)</title>
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[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72056-72057]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23100]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2514-029]
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.: 2514-029.
c. Date filed: February 28, 2022. Supplemented on February 28,
2023.
d. Applicant: Appalachian Power Company (Appalachian).
e. Name of Project: Byllesby-Buck Hydroelectric Project (Byllesby-
Buck Project or project).
f. Location: On the New River in Carroll County, Virginia.
g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
h. Applicant Contact: Ms. Elizabeth Parcell, Process Supervisor,
American Electric Power Service Corporation, 40 Franklin Road SW,
Roanoke, Virginia 24011, (540) 985-2441, <a href="/cdn-cgi/l/email-protection#c0a5a2b0a1b2a3a5acac80a1a5b0eea3afad"><span class="__cf_email__" data-cfemail="fa9f988a9b88999f9696ba9b9f8ad4999597">[email protected]</span></a>.
i. FERC Contact: Jody Callihan at (202) 502-8278 or email at
<a href="/cdn-cgi/l/email-protection#85efeae1fcabe6e4e9e9ecede4ebc5e3e0f7e6abe2eaf3"><span class="__cf_email__" data-cfemail="6802070c11460b09040401000906280e0d1a0b460f071e">[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#470102150408292b2e292214323737283533072122352469202831"><span class="__cf_email__" data-cfemail="24626176676b4a484d4a41775154544b565064424156470a434b52">[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: Byllesby-Buck Hydroelectric Project (P-2514-
029).
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 Byllesby-Buck Project consists of two developments (Byllesby
and Buck) that have a combined total installed capacity of 26.1
megawatts (MW). The Byllesby Development is located 3 river miles
upstream of the Buck Development. The project had an average annual
generation of 92,820 megawatt-hours (MWh) between 2016 and 2020.
The Byllesby Development consists of: (1) a 64-foot-high, 528-foot-
long concrete dam, sluice gate, and main spillway section topped with
four sections of 9-foot-high flashboards, five sections of 9-foot-high
inflatable Obermeyer crest gates, and six bays of 10-foot-high Tainter
gates; (2) an auxiliary spillway including six sections of 9-foot-high
flashboards; (3) a 239-acre impoundment with a gross storage capacity
of 2,000 acre-feet; (4) a powerhouse containing four turbine-generator
units with a total installed capacity of 18.0 megawatts (MW); (5) a
control house and switchyard; and (6) appurtenant facilities.
The Buck Development consists of: (1) a 42-foot-high, 353-foot-long
concrete dam and sluice gate; (2) a 1,005-foot-long, 19-foot-high
spillway section topped with twenty sections of 9-foot-high
flashboards, four sections of 9-foot-high inflatable crest gates, and
six bays of 10-foot-high Tainter gates; (3) a 66-acre impoundment with
a gross storage capacity of 661 acre-feet; (4) a powerhouse containing
three turbine-generator units with a total installed capacity of 8.1
MW; (5) two 2-mile-long overhead 13.2-kilovolt transmission lines
extending from the Buck powerhouse to the Byllesby control house; and
(6) appurtenant facilities.
The Byllesby-Buck Project is currently operated in a run-of-river
(ROR) mode, with the Byllesby impoundment maintained between elevations
of 2,078.2 feet and 2,079.2 feet National Geodetic Vertical Datum of
1929 (NGVD 29) and the Buck impoundment maintained between elevations
of 2,002.4 feet and 2,003.4 feet NGVD 29. A minimum flow of 360 cubic
feet per second (cfs), or project inflow if less, is provided
downstream of each powerhouse. There is a bypassed reach at each
development (590 feet long at Byllesby and 4,100 feet long at Buck),
but there is currently no dedicated minimum flow for either of the
bypassed reaches, which receive leakage flow of approximately 11 cfs
(Byllesby) and 17 cfs (Buck). Article 406 of the current license
specifies the down-ramping rates and procedures currently required at
the Buck Development to minimize stranding of adult walleye (in the
bypassed reach) following large spill events that occur during the
spawning season (late winter through spring).
Appalachian proposes to continue operating the project in a ROR
mode and providing a 360-cfs minimum flow
[[Page 72057]]
downstream of each powerhouse (Byllesby and Buck). In addition,
Appalachian proposes to release a continuous, year-round minimum flow
of 35 cfs into the Byllesby bypassed reach. At the Buck Development,
Applachian proposes to modify the existing down-ramping procedures and
provide a seasonal minimum flow of 100 cfs in the bypassed reach (from
February 15 through May 15 of each year) to increase habitat
connectivity and water depths in the reach to provide adult walleye
with additional escape routes during the spawning season. In addition
to these measures, Appalachian proposes environmental measures for the
protection and enhancement of other aquatic resources as well as
terrestrial, recreation, and cultural resources.
Appalachian also proposes to upgrade three (of the four) turbine-
generator units at the Byllesby Development and two (of the three)
turbine-generator units at the Buck Development. The proposed upgrades
are expected to increase the total installed capacity from 26.1 MW to
29.8 MW and the project's average annual generation by 25,927 MWh. In
addition, Appalachian proposes to replace three flashboard sections at
the Byllesby Development and six flashboard sections at the Buck
Development with inflatable (Obermeyer) crest gates. Lastly,
Appalachian proposes to add to the current project boundary: (1) the
Byllesby control house and switchyard and (2) two 2-mile-long, overhead
13.2-kilovolt transmission lines that extend from the Buck powerhouse
to the Byllesby control house.
m. This filing 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#6c2a293e2f2302000502093f191c1c031e182c0a091e0f420b031a"><span class="__cf_email__" data-cfemail="b6f0f3e4f5f9d8dadfd8d3e5c3c6c6d9c4c2f6d0d3c4d598d1d9c0">[email protected]</span></a>, for TTY, call
(202) 502-8659. Agencies may obtain copies of the application directly
from the applicant.
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,'' ``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, Preliminary December 12, 2023.
Terms and Conditions, and Preliminary Fishway
Prescriptions.
Filing of Reply Comments........................ January 26, 2024.
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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 Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#b8f7e8e8f8deddcadb96dfd7ce"><span class="__cf_email__" data-cfemail="642b343424020116074a030b12">[email protected]</span></a>.
Dated: October 13, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-23100 Filed 10-18-23; 8:45 am]
BILLING CODE 6717-01-P
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