Notice2025-14695
Great Lakes Hydro America, LLC; Notice of Intent To Prepare an Environmental Assessment
Primary source
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Published
August 4, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 90 Issue 147 (Monday, August 4, 2025)</title>
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[Federal Register Volume 90, Number 147 (Monday, August 4, 2025)]
[Notices]
[Page 36433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14695]
[[Page 36433]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2520-098]
Great Lakes Hydro America, LLC; Notice of Intent To Prepare an
Environmental Assessment
On September 30, 2024, as supplemented on January 7, 2025, April
28, 2025, May 7, 2025, June 20, 2025, and July 30, 2025, Great Lakes
Hydro America, LLC, licensee for the Mattaceunk Hydroelectric Project
No. 2520, filed an application for a temporary variance from Article
403 of the project license. The project is located on the Penobscot
River in Aroostook and Penobscot counties, Maine and does not occupy
any federal lands.
The licensee is requesting a temporary variance of the required
minimum flow and impoundment elevation under Article 403 of the project
license to facilitate maintenance activities at the upstream fishway
structures and the sluice gate. The variance would entail modification
of the required minimum flows to the bypass reach and draw the
elevation down to approximately 22 feet below the full pond elevation
of 218 feet from approximately early August to late September 2025. On
May 12, 2025, the Commission issued a public notice for the proposed
variance, accepting the application for filing and soliciting comments,
motions to intervene, and protests. The notice established a 30-day
deadline, or June 11, 2025, for filing responses to the notice. On June
5, 2025, the National Marine Fisheries Service (NMFS) filed a notice of
intervention and comments. No other comments or motions to intervene
were received.
In support of the proposed impoundment drawdown, and the subsequent
maintenance and repair work, the licensee filed a draft Biological
Assessment (BA) on January 7, 2025, which addressed the effects of the
proposed action on the Gulf of Maine Distinct Population Segment (GOM
DPS) of Atlantic salmon (Salmo salar), which is federally listed as
endangered under the Endangered Species Act (ESA). The draft BA also
evaluated the effects of the proposed action on designated critical
habitat for GOM DPS of Atlantic salmon. By letter dated March 20, 2025,
Commission staff adopted the draft BA without modification as our final
BA, and requested formal consultation with NMFS. Commission staff
concluded that the proposed impoundment drawdown, along with the
scheduled maintenance and repair work, are likely to adversely affect
GOM DPS of Atlantic salmon, and are not likely to adversely affect
designated critical habitat for the GOM DPS of Atlantic salmon.
Commission staff additionally noted that the Penobscot River in the
area of the project facilities is designated as essential fish habitat
(EFH) for Atlantic salmon, pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act. Therefore, Commission staff concluded
that EFH for Atlantic salmon may also be affected by the proposed
impoundment drawdown and the subsequent maintenance and repair work. On
April 21, 2025, NMFS notified the Commission that all information
required to initiate formal consultation is included in the
consultation request, BA, or is otherwise accessible for consideration
and reference.
The licensee filed supplemental information on April 28, 2025 and
May 7, 2025, that discussed debris removal work that would be conducted
concurrently with the proposed drawdown. By letter dated May 13, 2025,
Commission staff incorporated the supplemental information into the
previously filed BA, and requested formal consultation under the ESA
with NMFS. Commission staff continued to conclude that the proposed
impoundment drawdown, along with the subsequently scheduled maintenance
and repair work, and the removal of woody debris, are likely to
adversely affect GOM DPS of Atlantic salmon, and are not likely to
adversely affect designated critical habitat for the GOM DPS of
Atlantic salmon. Commission staff additionally concluded that EFH for
Atlantic salmon may also be affected by the proposed impoundment
drawdown, maintenance and repair work, and the removal of woody debris.
On July 25, 2025, NMFS filed its biological opinion in response to
the Commission's BA. NMFS concluded that the proposed project may
adversely affect, but is not likely to jeopardize, the continued
existence of the GOM DPS of Atlantic salmon, and is likely to adversely
affect, but is not likely to destroy or adversely modify, designated
critical habitat for the GOM DPS of Atlantic salmon. NMFS further noted
that the proposed action may adversely affect Atlantic salmon EFH. NMFS
included in the BO an Incidental Take Statement, which contained one
reasonable and prudent measure, six terms and conditions in order to
minimize take, and two conservation recommendations.
This notice identifies Commission staff's intention to prepare an
environmental assessment (EA) for the project.\1\ Commission staff
plans to issue an EA by September 10, 2025. Revisions to the schedule
may be made as appropriate.
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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 EAXX-019-20-000-1753693860.
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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 to 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#38776868785e5d4a5b165f574e"><span class="__cf_email__" data-cfemail="09465959496f6c7b6a276e667f">[email protected]</span></a>.
Any questions regarding this notice may be directed to Selina Sumi
at <a href="/cdn-cgi/l/email-protection#394a5c55505758174a4c5450795f5c4b5a175e564f"><span class="__cf_email__" data-cfemail="087b6d64616669267b7d6561486e6d7a6b266f677e">[email protected]</span></a> or 202-502-6892.
Dated: July 30, 2025.
Carlos D. Clay,
Deputy Secretary.
[FR Doc. 2025-14695 Filed 8-1-25; 8:45 am]
BILLING CODE 6717-01-P
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