Notice2024-02814
Marlow Hydro, LLC; Notice of Intent To File License Application and Setting Deadline To File Final License Application
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 12, 2024
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 89 Issue 29 (Monday, February 12, 2024)</title>
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[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Notices]
[Page 9846]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02814]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 15331-000]
Marlow Hydro, LLC; Notice of Intent To File License Application
and Setting Deadline To File Final License Application
a. Type of Filing: Notice of Intent to File a License Application
and Setting a Deadline to File a Final License Application.
b. Project No.: 15331-000.
c. Date Filed: June 20, 2023.
d. Submitted By: Marlow Hydro, LLC. (Marlow Hydro).
e. Name of Project: Nash Mill Dam Hydroelectric Project (Nash Mill
Project).
f. Location: On the Ashuelot River, near the town of Marlow,
Cheshire County, New Hampshire.
g. Filed Pursuant to: 18 CFR 5.5 and 385.216 of the Commission's
regulations. Marlow Hydro filed a request to withdraw its surrender
application on June 20, 2023.\1\ The request is being treated as a
Notice of Intent to File an Original License Application, which would
have been filed pursuant to 18 CFR 5.5 of the Commission's regulations.
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\1\ Marlow Hydro filed a notice of intent to file a subsequent
license application on October 17, 2017, and a license application
on December 1, 2020. On May 5, 2021, Marlow Hydro filed to withdraw
the application and on June 17, 2022, to surrender the license. On
June 20, 2023, Marlow Hydro requested to withdraw its surrender
application and return to a licensing process. The withdrawal of the
surrender became effective on July 5, 2023, pursuant to 18 CFR
385.216.
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h. Potential Applicant Contact: Anthony B. Rosario, 139 Henniker
Street, Hillsborough, NH 03244; (603) 494-1854; or email at <a href="/cdn-cgi/l/email-protection#88fca5e1ede5c8fcecfba6e6edfc"><span class="__cf_email__" data-cfemail="3541185c5058754151461b5b5041">[email protected]</span></a>.
i. FERC Contact: Prabha Madduri at (202) 502-8017; or by email at
<a href="/cdn-cgi/l/email-protection#fc8c8e9d9e949d8e9d92969d9295d2919d9898898e95bc9a998e9fd29b938a"><span class="__cf_email__" data-cfemail="89f9fbe8ebe1e8fbe8e7e3e8e7e0a7e4e8ededfcfbe0c9efecfbeaa7eee6ff">[email protected]</span></a>.
j. On December 6, 2023, Commission staff issued a letter providing
Marlow Hydro with details regarding the process for filing a license
application for the Nash Mill Project. As stated above, on June 20,
2023, Marlow Hydro filed a notice of withdrawal of a surrender
application for the Nash Mill Project and a request to return to a
licensing process. The request to reinstate the subsequent licensing
proceeding was denied. Staff determined, however, (1) that the pre-
filing work (Pre-Application Document request, and approval, to use the
TLP, and Joint Agency Meeting) performed by Marlow Hydro satisfies the
requirements of 18 CFR 4.38(b) for first stage consultation; (2) that
Marlow Hydro should proceed with second stage consultation; and (3)
that the June 20, 2023 notice of withdrawal of the surrender
application should serve as a notice of intent to file an original
license application for the Nash Mill Project (see paragraph g).
k. There typically is no filing deadline for an original license
application. However, Marlow Hydro is currently operating the project
under section 18 CFR 16.21(a) of the Commission's regulations
authorizing it to operate the project until the Commission acts on its
application (see the Notice of Authorization for Continued Project
Operation issued on December 22, 2022). Thus, to ensure that Marlow
Hydro files a timely application for the Commission to act on,
establishing a deadline for Marlow Hydro's original license application
is warranted. Staff has determined that it is reasonable to expect
second stage consultation and a final license application to be
completed by the end of July of 2024. Therefore, the final license
application for this project is due by July 31, 2024.
l. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the New Hampshire Division of Historical Resources,
as required by section 106 of the National Historic Preservation Act,
and the implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
m. With this notice, we are designating Marlow Hydro, LLC as the
Commission's non-Federal representative for carrying out informal
consultation pursuant to section 106 of the National Historic
Preservation Act.
n. A copy of the draft application may be viewed on the
Commission's website (<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 <a href="/cdn-cgi/l/email-protection#dbbdbea9b8b4b5b7b2b5bea8aeababb4a9af9bbdbea9b8f5bcb4ad"><span class="__cf_email__" data-cfemail="fa9c9f889995949693949f898f8a8a95888eba9c9f8899d49d958c">[email protected]</span></a>, (866) 208-3676 (toll
free), or (202) 502-8659 (TTY).
o. 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#f8b7a8a8b89e9d8a9bd69f978e"><span class="__cf_email__" data-cfemail="f9b6a9a9b99f9c8b9ad79e968f">[email protected]</span></a>.
p. 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 filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
Dated: February 6, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-02814 Filed 2-9-24; 8:45 am]
BILLING CODE 6717-01-P
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