Notice2025-08653

Lyonsdale Associates, LLC; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions

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
May 15, 2025

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

Full Text

<html>
<head>
<title>Federal Register, Volume 90 Issue 93 (Thursday, May 15, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 93 (Thursday, May 15, 2025)]
[Notices]
[Pages 20651-20653]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08653]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3255-016]


Lyonsdale Associates, LLC; Notice of Application Accepted for 
Filing, Soliciting Motions To Intervene and Protests, Ready for 
Environmental Analysis, and Soliciting Comments, Recommendations, Terms 
and Conditions, and 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.: 3255.
    c. Date Filed: May 29, 2024.
    d. Applicant: Lyonsdale Associates, LLC (Lyonsdale Associates).
    e. Name of Project: Lyonsdale Hydroelectric Project.
    f. Location: On the Moose River in Lewis County, New York.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: David H. Fox, Senior Director, Regulatory 
Affairs, Eagle Creek Renewable Energy, LLC, 7315 Wisconsin Ave., Suite 
1100W, Bethesda, MD 20814; telephone at (201) 306-5616; email at 
<a href="/cdn-cgi/l/email-protection#6d090c1b0409430b02152d080c0a01080e1f0808061f08430e0200"><span class="__cf_email__" data-cfemail="a5c1c4d3ccc18bc3cadde5c0c4c2c9c0c6d7c0c0ced7c08bc6cac8">[email&#160;protected]</span></a>.
    i. FERC Contact: Kelly Wolcott, Project Coordinator, Great Lakes 
Branch, Division of Hydropower Licensing; telephone at (202) 502-6480; 
email at <a href="/cdn-cgi/l/email-protection#ed8688818194c39a82818e829999ad8b889f8ec38a829b"><span class="__cf_email__" data-cfemail="9df6f8f1f1e4b3eaf2f1fef2e9e9ddfbf8effeb3faf2eb">[email&#160;protected]</span></a>.
    j. Deadline for filing motions to intervene and protests, comments, 
recommendations, terms and conditions, and prescriptions: July 8, 2025 
by 5:00 p.m. (EST) (60 days from the issuance date of this notice); 
reply comments are due August 22, 2025 by 5:00 p.m. (EST) (105 days 
from the issuance date of this notice).

[[Page 20652]]

    The Commission strongly encourages electronic filing. Please file 
motions to intervene and protests, comments, recommendations, terms and 
conditions, and prescriptions using the Commission's eFiling system at 
<a href="https://ferconline.ferc.gov/FERCOnline.aspx">https://ferconline.ferc.gov/FERCOnline.aspx</a>. Commenters can submit 
brief comments up to 6,000 characters, without prior registration, 
using the eComment system at <a href="https://ferconline.ferc.gov/QuickComment.aspx">https://ferconline.ferc.gov/QuickComment.aspx</a>. For assistance, please contact FERC Online Support 
at <a href="/cdn-cgi/l/email-protection#40060512030f2e2c292e25133530302f323400262532236e272f36"><span class="__cf_email__" data-cfemail="21676473626e4f4d484f44725451514e535561474453420f464e57">[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, 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, MD 20852. All filings must clearly identify 
the project name and docket number on the first page: Lyonsdale 
Hydroelectric Project (P-3255-016).
    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 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.
    l. Project Description: The project includes a 506.3-foot-long dam 
that consists of: (1) a 27.5-foot-long intake structure with two 10.5-
foot-long slide gates that are equipped with a trashrack with 2.6-inch 
clear bar spacing; (2) a 57-foot-long non-overflow section with a 5-
foot-long debris sluice gate; (3) a 7-foot-long abutment; (4) a 135.3-
foot-long section that includes: (a) a 21.5-foot-long spillway with 
1.7-foot-high flashboards that have a crest elevation of 1,065.9 feet 
National Geodetic Vertical Dam of 1929 (NGVD 29); (b) a 28.5-foot-long 
section with a 20.5-foot-long Pelican gate; and (c) an 85.3-foot-long 
spillway with 3-foot-high flashboards that have a crest elevation of 
1,065.9 feet NGVD 29 (Dam No. 1); (5) a 7-foot-long abutment; (6) a 4-
foot-long abutment; (7) a 33.5-foot-long spillway with 3-foot-high 
flashboards that have a crest elevation of 1,065.9 feet NGVD 29 (Dam 
No. 2); (8) a 2-foot-long abutment; (9) a 185-foot-long earthen 
embankment; (10) a 5-foot-long abutment; (11) a 38-foot-long spillway 
with 3-foot-high flashboards that have a crest elevation of 1,065.9 
feet NGVD 29 (Dam No. 3); and (12) a 5-foot-long abutment.
    The dam creates an impoundment that has a surface area of 9 acres 
at an elevation of 1,065.9 feet NGVD 29. The impoundment includes 173-
foot-long, 50-foot-long, 45-foot-long retaining walls on the shorelines 
adjacent to the intake structure. From the impoundment, water flows 
through the intake structure to a 52-foot-long penstock and a 26-foot-
long penstock that convey water to a 35-foot-wide, 58-foot-long 
powerhouse that includes two 1.5-megawatt (MW) vertical Kaplan turbine-
generator units, for a total installed capacity of 3 MW. Water is 
discharged from the turbines to an approximately 500-foot-long tailrace 
that discharges to the Moose River.
    The project creates the following bypassed reach segments: (1) an 
approximately 200-foot-long southern segment; and (2) an approximately 
70-foot-long segment that bifurcates into: (a) an approximately 350-
foot-long middle segment and an approximately 580-foot-long northern 
segment.
    Electricity generated at the project is transmitted to the electric 
grid via two 400-foot-long, 4.16-kilovolt (kV) generator lead lines and 
a 4.16/115-kV step-up transformer located approximately 300 feet west 
of the powerhouse. The minimum and maximum hydraulic capacities of the 
powerhouse are 260 and 1,400 cubic feet per second (cfs), respectively. 
The average annual energy production of the project from 2016 through 
2023, was 10,745 megawatt-hours.
    Project recreation facilities include: (1) an access trail on the 
north shoreline of the impoundment that consists of an approximately 
1,000-foot-long ``North Bank Recreation Trail'' and an approximately 
1,000-foot-long portage trail; and (2) a parking area on the 185-foot-
long earthen embankment.
    Lyonsdale Associates proposes to revise the project boundary to add 
0.1 acre associated with the generator lead line, which would increase 
the amount of land and water enclosed by the project boundary from 18.4 
to 18.5 acres.
    Lyonsdale Associates proposes to: (1) continue operating the 
project in a run-of-river mode by maintaining the normal maximum 
surface elevation of the impoundment at the flashboard crest elevation 
of 1,065.9 feet NGVD 29; (2) release a minimum bypassed reach flow of 
33 cfs or inflow, whichever is less, from April 1 through November 30; 
(3) implement an Invasive Species Management Plan and Bat and Eagle 
Management Plan filed in the license application; (4) consult with the 
New York State Historic Preservation Officer (New York SHPO) on the 
need for any measures prior to any ground-disturbing activities; and 
(5) stop construction and consult with the New York SHPO on the need 
for any measures if previously unidentified cultural resources are 
discovered during any future construction activities at the project.
    To provide recreation opportunities at the project, Lyonsdale 
Associates proposes to: (1) maintain the access trail on the north 
shoreline of the impoundment, including the North Bank Recreation Trail 
and portage trail, pending acquisition of property rights; (2) maintain 
the following existing recreation sites as project recreation 
facilities, pending acquisition of property rights: (a) a hand-carry 
boat access site on the north shoreline of the impoundment that is 
associated with the project's portage route; (b) a picnic area that 
includes a parking area, picnic table, and trash can on the north 
shoreline of the impoundment; (c) a hand-carry boat access site at the 
end of the project portage route, approximately 580 feet downstream of 
the dam; and (d) a South Bank Recreation Area that includes a parking 
area, informational signage, and shoreline access for anglers on the 
south shoreline of the impoundment; (3) update and maintain project 
recreation signs at the South Bank Recreation Area and picnic area to 
comply with Part 8 of the Commission's regulations; (4) install new 
directional signs for the portage route and North Bank Recreation 
Trail; and (5) install barriers at the picnic area and portage trail to 
deter all-terrain vehicle access. With regards to acquiring property 
rights, Exhibit G of the license application indicates that Niagara 
Mohawk Power Corporation owns the property that includes the North Bank 
Recreation Trail, and Twin Rivers Paper Company, LLC owns the property 
that includes the portage trail.
    m. A copy of the application can 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 (i.e., P-3255). For assistance, please 
contact FERC Online Support (see item j above).
    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

[[Page 20653]]

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,'' ``TERMS AND CONDITIONS,'' or ``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 of the person submitting the filing; 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 on the service list prepared by the Commission in this 
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    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#5d120d0d1d3b382f3e733a322b"><span class="__cf_email__" data-cfemail="511e010111373423327f363e27">[email&#160;protected]</span></a>.
    You may also register online at <a href="https://ferconline.ferc.gov/FERCOnline.aspx">https://ferconline.ferc.gov/FERCOnline.aspx</a> to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, please 
contact FERC Online Support (see item j above).
    o. The applicant must file no later than 60 days following the date 
of issuance of this notice: (1) a copy of the water quality 
certification; (2) a copy of the request for certification, including 
proof of the date on which the certifying agency received the request; 
or (3) evidence of waiver of water quality certification.
    p. Procedural schedule: The application will be processed according 
to the following schedule. Revisions to the schedule will be made as 
appropriate.

------------------------------------------------------------------------
                    Milestone                           Target date
------------------------------------------------------------------------
Filing of Motions to Intervene, Protests,         July 2025.
 Comments, Recommendations, Terms, Conditions,
 and Prescriptions.
Filing of Reply Comments........................  August 2025.
------------------------------------------------------------------------

    q. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.

    Dated: May 9, 2025.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2025-08653 Filed 5-14-25; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on May 15, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.