Notice2025-09667
Scott's Mill Hydro, LLC; Notice of Application Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions
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Published
May 29, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 90 Issue 102 (Thursday, May 29, 2025)</title>
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[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Notices]
[Pages 22715-22716]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09667]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 14867-003]
Scott's Mill Hydro, LLC; Notice of Application 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: Original Major License.
b. Project No.: 14867-003.
c. Date filed: March 21, 2022.
d. Applicant: Scott's Mill Hydro, LLC (Scott's Mill).
e. Name of Project: Scott's Mill Hydroelectric Project (Scott's
Mill Project or project).
f. Location: On the James River in the City of Lynchburg and
Bedford and Amherst Counties, Virginia.
g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
h. Applicant Contact: Mr. Mark Fendig, Luminaire Technologies,
Inc., 9932 Wilson Highway, Mouth-of-Wilson, VA 24363; phone: (540) 320-
6762.
i. FERC Contact: Jody Callihan at (202) 502-8278, or
<a href="/cdn-cgi/l/email-protection#91fbfef5e8bff2f0fdfdf8f9f0ffd1f7f4e3f2bff6fee7"><span class="__cf_email__" data-cfemail="bed4d1dac790dddfd2d2d7d6dfd0fed8dbccdd90d9d1c8">[email protected]</span></a>.
j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions: on or before 5:00 p.m. Eastern Time on
July 21, 2025; reply comments are due on or before 5:00 p.m. Eastern
Time on September 4, 2025.
The Commission strongly encourages electronic filing. Please file
comments, recommendations, terms and conditions, and prescriptions
using the Commission's eFiling system at <a href="https://www.ferc.gov/docs-filing/efiling.asp">https://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="https://www.ferc.gov/docs-filing/ecomment.asp">https://www.ferc.gov/docs-filing/ecomment.asp</a>. For assistance, please
contact FERC Online Support at <a href="/cdn-cgi/l/email-protection#d89e9d8a9b97b6b4b1b6bd8bada8a8b7aaac98bebdaabbf6bfb7ae"><span class="__cf_email__" data-cfemail="6c2a293e2f2302000502093f191c1c031e182c0a091e0f420b031a">[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: Debbie-Anne A. Reese, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, 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. All filings must
clearly identify the project name and docket number on the first page:
Scott's Mill Hydroelectric Project (P-14867-003).
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.
l. The Scott's Mill Hydroelectric Project would consist of: (1) an
existing masonry dam containing two spillways separated by a 25-foot-
wide stone pier, with one 735-foot-long, 15-foot-high overflow spillway
and the other a 140-foot-long, 16-foot-high arch-section spillway; (2)
an impoundment with a surface area of 305 acres at the normal pool
elevation of 516.4 feet North American Vertical Datum of 1988 (NAVD
88); (3) a new modular powerhouse containing nine generating units with
a total installed capacity of 4.5 megawatts that would be installed
immediately downstream of the existing arch-section spillway of the
dam; (4) a new 1,200-foot-long overhead transmission line; and (5)
appurtenant facilities.
To increase flow through the modular powerhouse, Scott's Mill
proposes to remove the top 6.8 feet of the existing arch-section
spillway of the dam and add 2-foot-high flashboards to the existing
overflow spillway. On August 9, 2022, Scott's Mill filed a Settlement
Agreement for the project's licensing proceeding, on behalf of itself,
the U.S. Fish and Wildlife Service (FWS), and Virginia Department of
Wildlife Resources (Virginia DWR). As part of the Settlement Agreement,
Scott's Mill proposes to: (1) operate the project in a run-of-river
mode, with a 1-inch veil flow [~40 cubic feet per second (cfs)] over
the main spillway at all times; (2) implement an impoundment refill
protocol whereby 90% of the project inflow is released downstream when
refilling the impoundment following a drawdown; (3) install and
operate, from March 1 through November 30 of each year, two permanent
fishways (one on each bank of the James River) to facilitate the
upstream passage of American eel and sea lamprey, (4) install upstream
passage for American shad and riverine (resident) fish species when
requested by Interior; (5) provide a downstream fish passage flow of
225 cfs (parallel to the trash racks, with a 2-inch clear spacing) to
guide fish towards a downstream fish passage structure; (6) install
trash racks with a 0.75-inch clear spacing if the downstream fish
passage effectiveness studies, planned for post-licensing, indicate the
target downstream passage survival rate of 95% cannot be achieved with
the proposed methods (i.e., a 225-cfs downstream fish passage flow and
trash racks with a 2-inch clear spacing); (7) develop a fishway
operation and maintenance plan, streamflow and water level monitoring
plan, and recreation management plan; (8) implement the Invasive
Species Management Plan, Northern Long-Eared Bat Management Plan, and
Bald Eagle Management Plan filed with the Settlement Agreement; and (9)
conduct the following post-licensing studies in cooperation with FWS
and Virginia DWR: (a) upstream and downstream fish passage
effectiveness, (b) water quality, and (c) wetted perimeter and flow
demonstration. While not part of the Settlement Agreement, Scott's Mill
also proposes, in its license application, to: (1) direct half of the
powerhouse outflow to the main channel (i.e., to the east of Anthony
Island); and (2) develop an erosion and sediment control plan and
wetlands mitigation plan. The estimated annual energy production of the
project is 20,700 megawatt-hours.
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-14867). For assistance, contact
FERC Online Support (see item j above).
All filings must (1) bear in all capital letters the title
``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
[[Page 22716]]
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. Each filing 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#4b041b1b0b2d2e3928652c243d"><span class="__cf_email__" data-cfemail="622d323222040710014c050d14">[email 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, 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 may be made as appropriate.
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Milestone Target date
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Deadline for filing comments, July 21, 2025.
recommendations, terms and conditions,
and prescriptions.
Deadline for filing reply comments..... September 4, 2025.
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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 22, 2025.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2025-09667 Filed 5-28-25; 8:45 am]
BILLING CODE 6717-01-P
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