Notice2025-05766
Black Canyon Hydro, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Seminoe Pumped Storage Project, Schedule for Environmental Review, and Request for Comments
Primary source
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Published
April 4, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 90 Issue 64 (Friday, April 4, 2025)</title>
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[Federal Register Volume 90, Number 64 (Friday, April 4, 2025)]
[Notices]
[Pages 14820-14822]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05766]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 14787-004]
Black Canyon Hydro, LLC; Notice of Intent To Prepare an
Environmental Impact Statement for the Seminoe Pumped Storage Project,
Schedule for Environmental Review, and Request for Comments
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of constructing and operating
the proposed Seminoe Pumped Storage Project (Seminoe Project; FERC No.
14787), located at the U.S. Bureau of Reclamation's (Reclamation)
Seminoe Reservoir on the North Platte River in Carbon County, Wyoming,
approximately 35 miles northeast of Rawlins, Wyoming.\1\ The Commission
will use this EIS in its decision-making process in accordance with the
National Environmental Policy Act (NEPA). The schedule for preparing
the EIS is discussed in the Schedule for Environmental Review section
of this notice.
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\1\ For tracking purposes under the National Environmental
Policy Act, the unique identification number for documents relating
to this environmental review is EISX-019-20-000-1742297464.
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As part of the NEPA review process, the Commission takes into
account concerns the public may have about proposals and the
environmental impacts that could result whenever it considers the
issuance of a license. This gathering of public input is referred to as
``scoping.'' On September 6, 2024, Commission staff issued Scoping
Document 1, initiating the scoping process for the project. Commission
staff conducted an environmental site visit open to the public on
September 25, 2024, and held three public scoping meetings. Two scoping
meetings were held in Casper, Wyoming, on September 24, 2024, and
another scoping meeting was held in Rawlins, Wyoming, on September 25,
2024. A court reporter recorded oral comments made during the scoping
meetings. On January 13, 2024, Commission staff issued a revised
scoping document (Scoping Document 2) based on the comments received
during the scoping comment period, which ended November 5, 2024.
Scoping Document 2 describes the project, project alternatives, and the
current view of anticipated environmental effects that will be
addressed in the EIS.
In accordance with the Commission's regulations, on January 13,
2025, Commission staff issued a notice that the project was ready for
environmental analysis and soliciting comments, recommendations, terms
and conditions, and prescriptions (REA Notice). The comment period for
the REA Notice closed on March 14, 2025. Based on the information in
the record, including comments filed during scoping and in response to
the REA Notice, staff has determined that licensing the project may
constitute a major Federal action significantly affecting the quality
of the human environment. Therefore, staff will prepare an EIS for the
proposed Seminoe Project. Commission staff intends to prepare an EIS
that will address the concerns raised during prior comment periods and
comments received in response to this notice.
By this notice, the Commission requests any additional comments on
the scope of issues to address in the EIS, including comments on
potential alternatives and impacts, and any relevant information,
studies, or analyses of any kind concerning impacts affecting the
quality of the human environment. If you previously submitted comments
and recommendations to the Commission, you do not need to file those
comments and recommendations again. To ensure that your comments are
timely and properly recorded, please submit your comments so that the
Commission receives them in Washington, DC on or before 5:00 p.m.
Eastern Time on April 28, 2025.\2\
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\2\ The Commission's Rules of Practice and Procedure provide
that, if a filing deadline falls on a Saturday, Sunday, holiday, or
other day when the Commission is not open for business, the filing
deadline does not end until the close of business on the next
business day. 18 CFR 385.2007(a)(2) (2024). The filing deadline is
30 days from issuance of the notice (i.e., April 27, 2025), which
falls on a Sunday, thus the filing deadline is the close of business
Monday, April 28, 2025.
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Public Participation
There are three methods you can use to submit your comments to the
Commission. The Commission encourages electronic filing of comments and
has staff available to assist you at (866) 208-3676 or
<a href="/cdn-cgi/l/email-protection#185e7d6a7b57767471767d4b6d6868776a6c587e7d6a7b367f776e"><span class="__cf_email__" data-cfemail="783e1d0a1b37161411161d2b0d0808170a0c381e1d0a1b561f170e">[email protected]</span></a>. Please carefully follow these instructions
so that your comments are properly recorded.
(1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (<a href="http://www.ferc.gov">www.ferc.gov</a>)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
(2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (<a href="http://www.ferc.gov">www.ferc.gov</a>)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
(3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (P-
14787-004) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Debbie-Anne A. Reese, 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, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
Additionally, the Commission offers a free service called
eSubscription. This service provides automatic notification of filings
made to subscribed dockets, document summaries, and direct links to the
documents. Go to <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> to register
for eSubscription.
[[Page 14821]]
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,
community organizations, 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#f0bfa0a0b096958293de979f86"><span class="__cf_email__" data-cfemail="4f001f1f0f292a3d2c61282039">[email protected]</span></a>.
Summary of the Proposed Project
On January 18, 2023, rPlus Hydro, LLLP, on behalf of Black Canyon
Hydro, LLC (BCH), filed an application for an original major license to
construct and operate the 972-megawatt (MW) Seminoe Project. The
project would occupy 1,025.94 acres of land managed by the Bureau of
Land Management (BLM) and 77.00 acres managed by the Reclamation. The
proposed project would involve constructing a new upper reservoir,
water conveyance and maintenance tunnel system, underground powerhouse,
access bridge, and two overhead transmission lines. It would use
Reclamation's existing Seminoe Reservoir on the North Platte River as
its lower reservoir. Project construction would take about 5 years to
complete and require permanently disturbing approximately 284.0 acres
of land and temporarily disturbing another 328.7 acres. The project
would require 13,400 acre-feet of water from the Seminoe Reservoir to
initially fill the new upper reservoir and would require approximately
672 acre-feet of make-up water annually to replace water lost due to
evaporation and seepage. Once operating, the project would cycle back
and forth about 10,800 acre-feet of water between the upper and lower
reservoirs. The project would pump water from the lower reservoir
during off-peak hours and generate electricity by discharging water
from the upper reservoir through three pump-turbines each rated at 324
MW (for a combined total generating capacity of 972 MW) located in the
underground powerhouse when demand is high. The project would be
capable of generating 2,916 gigawatt-hours per year.
The purpose of the proposed project is to provide a new source of
hydroelectric power, primarily during on-peak periods, and provide
ancillary services to the electrical grid. Therefore, under the
provisions of the Federal Power Act (FPA), the Commission must decide
whether to issue a license to BCH for the project and what conditions
should be placed on any license issued.
The NEPA Process and the EIS
The EIS issued by the Commission will discuss impacts that could
occur because of the proposed project under the following relevant
general resource areas:
<bullet> geology and soils resources
<bullet> aquatic resources
<bullet> terrestrial resources
<bullet> threatened and endangered species
<bullet> recreation, land use, and aesthetics
<bullet> socioeconomic resources
<bullet> cultural resources
<bullet> air quality and greenhouse gas emissions
Some of the expected effects include: (1) soil disturbance and
vegetation removal, including old growth timber; (2) potential changes
in water quality and quantity; (3) potential entrainment and loss of
fish; (4) loss of wildlife habitat and noise effects on wildlife
(including big game species); and (5) potential effects on recreation
(including noise and air quality), public access, and use in the
project area.
Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
The EIS will present Commission staff's independent analysis of the
issues. Reclamation, BLM, the U.S. Fish and Wildlife Service (FWS), the
U.S. Army Corps of Engineers (Corps), the Western Area Power
Administration, the Saratoga-Encampment-Rawlins Conservation District,
the Medicine Bow Conservation District, and the Board of Carbon County
Commissioners will cooperate in preparing the EIS. A draft EIS will be
issued for public comment and circulated for review by all interested
parties. Commission staff will consider all timely comments received
during the comment period on the draft EIS and revise the document, as
necessary, before issuing a final EIS. Any draft and final EIS will be
available in electronic format in the public record through
eLibrary.\3\ If eSubscribed, you will receive instant email
notification when the environmental document is issued.
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\3\ For instructions on connecting to eLibrary, refer to the
Additional Information section of this notice this notice.
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Alternatives Under Consideration
As part of our review in the EIS, the Commission will consider a
range of reasonable alternatives that are technically and economically
feasible and meet the purpose and need for the proposed action.
Alternatives that do not meet these requirements will be summarized and
dismissed from further consideration in the EIS document. In addition
to the proposed action, staff will consider a no-action alternative.
Currently, we are also considering an alternative to the proposed
action that potentially meets the above criteria: the applicants'
proposed action with staff modifications.
The alternatives we are considering may be expanded based on the
comments we receive, provided they meet the required criteria. With
this notice, we ask commenters to identify other potential reasonable
alternatives for consideration.
Schedule for Environmental Review
On February 2, 2023, the Commission issued its notice of the filing
of the application for the Project. This Notice of Intent identifies
Commission staff's planned schedule for completion of the final EIS for
the project, which is based on an issuance of the draft EIS in
September 2025, opening a 90-day public comment period.\4\ All comments
filed will be reviewed by staff and considered in the Commission's
final decision on the proceeding.
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\4\ The project schedule includes a 90-day comment period for
the draft EIS to accommodate BLM's requirements under its
regulations at 43 CFR 1610.2(e).
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Issuance of Notice of Availability of the final EIS--April 13, 2026
This notice identifies the Commission's anticipated schedule for
issuance of the License Order for the Project, which serves as the
Commission's record of decision. We currently anticipate issuing a
License Order for the project no later than:
Issuance of the License Order--July 16, 2026
The schedule for issuing a draft and final NEPA document, and the
License Order is consistent with the Commission's Notice of Revised
Schedule for the Seminoe Pumped Storage Project issued October 18,
2024. If a schedule change becomes necessary, an additional notice will
be provided so that the relevant agencies are kept informed of the
project's progress.
Permits, and Authorizations
The table below lists the anticipated permits and authorizations
for the project required under Federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the
[[Page 14822]]
Commission's EIS and may adopt the EIS to satisfy its NEPA
responsibilities related to this project.
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Agency Permit or authorization
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FERC................................... Non-Federal Hydropower License.
Corps.................................. Clean Water Act Section 404
Permit.
Reclamation............................ Lease of Power Privilege.
BLM.................................... Right-of-Way Permit; Resource
Management Plan Amendment.
FWS.................................... Consultation under Section 7 of
the Endangered Species Act.
Wyoming State Historic Preservation Consultation under Section 106
Office. of the National Historic
Preservation Act.
Wyoming Department of Environmental Clean Water Act Section 401
Quality. Water Quality Certification.
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Additional Information
Additional information about the project is available on the FERC
website at <a href="http://www.ferc.gov">www.ferc.gov</a> using the eLibrary link. Click on the eLibrary
link, click on ``General Search'' and enter the Docket No. P-14787 in
the ``Docket Number'' field. Be sure you have selected an appropriate
date range. For assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#10567562735f7e7c797e75436560607f626450767562733e777f66"><span class="__cf_email__" data-cfemail="591f3c2b3a16373530373c0a2c2929362b2d193f3c2b3a773e362f">[email protected]</span></a> or (866) 208-3676, or for TTY, contact (202)
502-8659.
Any questions regarding this notice may be directed to Michael Tust
at (202) 502-6522 or <a href="/cdn-cgi/l/email-protection#bfd2d6dcd7dedad391cbcacccbffd9dacddc91d8d0c9"><span class="__cf_email__" data-cfemail="dbb6b2b8b3babeb7f5afaea8af9bbdbea9b8f5bcb4ad">[email protected]</span></a>.
Dated: March 28, 2025.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2025-05766 Filed 4-3-25; 8:45 am]
BILLING CODE 6717-01-P
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