Notice2024-16294

Lake Lynn Generation, LLC; Notice of Application for Temporary Variance Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests

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Published
July 25, 2024

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

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<title>Federal Register, Volume 89 Issue 143 (Thursday, July 25, 2024)</title>
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[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Notices]
[Pages 60416-60417]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16294]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2459-285]


Lake Lynn Generation, LLC; Notice of Application for Temporary 
Variance 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: Temporary Variance from Reservoir Elevation.
    b. Project No.: 2459-285.
    c. Date Filed: July 16, 2024.
    d. Applicant: Lake Lynn Generation, LLC.
    e. Name of Project: Lake Lynn Hydroelectric Project.
    f. Location: The Lake Lynn Hydroelectric Project is located on the 
Cheat River in Monongalia County, West Virginia, and Fayette County, 
Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Joyce Foster, Director of Licensing and 
Compliance, 7315 Wisconsin Avenue, Ste. 1100W, Bethesda, MD 20814, 
(804) 338-5110.
    i. FERC Contact: Zeena Aljibury, (202) 502-6065, 
<a href="/cdn-cgi/l/email-protection#324857575c531c535e585b5047404b72545740511c555d44"><span class="__cf_email__" data-cfemail="a4dec1c1cac58ac5c8cecdc6d1d6dde4c2c1d6c78ac3cbd2">[email&#160;protected]</span></a>.
    j. Cooperating Agencies: With this notice, the Commission is 
inviting Federal, State, local, and Tribal agencies with jurisdiction 
and/or special expertise with respect to environmental issues affected 
by the proposal, that wish to cooperate in the preparation of any 
environmental document, if applicable, to follow the instructions for 
filing such requests described in item k below. Cooperating agencies 
should note the Commission's policy that agencies that cooperate in the 
preparation of any environmental document cannot also intervene. See 94 
FERC ] 61,076 (2001).
    k. Deadline for filing comments, motions to intervene, and 
protests: 30 days from the issuance date of this notice by the 
Commission.
    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/doc-sfiling/ecomment.asp">http://www.ferc.gov/doc-sfiling/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#13555641505c7d7f7a7d76406663637c616753757661703d747c65"><span class="__cf_email__" data-cfemail="fdbbb8afbeb29391949398ae888d8d928f89bd9b988f9ed39a928b">[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: Debbie-Anne A. Reese, Acting Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 
20426. Submissions sent via any other carrier must be addressed to: 
Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory 
Commission, 12225 Wilkins Avenue, Rockville, MD 20852. The first page 
of any filing should include the docket number P-2459-285. 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.
    l. Description of Request: The applicant requests Commission 
approval for a temporary variance from the reservoir elevation 
requirements at Lake Lynn. Due to lack of precipitation and low 
reservoir inflows, the applicant requests to reduce the seasonal 
minimum allowable reservoir elevation from 868 feet to 865 feet to 
increase spillway discharge in order to mitigate low tailrace dissolved 
oxygen levels (DO). When inflow to the reservoir is not equal to the 
discharge needed to maintain DO concentration in the project tailwater 
at the minimum standard (5.0 milligrams per liter), the applicant would 
increase project discharge in 25 cubic feet per second increments and 
subsequently lower the reservoir elevation below 868 feet but no less 
than 865 feet. If necessary to minimize the impact of lower reservoir 
elevations, the applicant proposes to open the winter boat launch at 
Cheat Lake Park, which allows boat access at lower reservoir 
elevations. Additionally, the applicant proposes to contact local 
marinas, post a notice on its public

[[Page 60417]]

information website, and provide information to Cheat Lake Environment 
and Recreation Association and Friends of the Cheat to inform 
recreation users and shoreline property owners of any expected lower 
reservoir elevations. The applicant requests the temporary variance to 
remain into effect until November 1, 2024.
    m. Locations of the Application: 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#03454651404c6d6f6a6d66507673736c717743656671602d646c75"><span class="__cf_email__" data-cfemail="2a6c6f786965444643444f795f5a5a45585e6a4c4f5849044d455c">[email&#160;protected]</span></a>, for TTY, call (202) 502-8659. Agencies may 
obtain copies of the application directly from the applicant.
    n. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Motions to Intervene, or Protests: 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.
    p. Filing and Service of Responsive 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.
    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#39766969795f5c4b5a175e564f"><span class="__cf_email__" data-cfemail="1f504f4f5f797a6d7c31787069">[email&#160;protected]</span></a>.

    Dated: July 18, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-16294 Filed 7-24-24; 8:45 am]
BILLING CODE 6717-01-P


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Indexed from Federal Register on July 25, 2024.

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