Notice2025-20918
KEI (Maine) Power Management (III) LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Barker Mill Upper Hydroelectric Project
Primary source
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Published
November 25, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 90 Issue 225 (Tuesday, November 25, 2025)</title>
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[Federal Register Volume 90, Number 225 (Tuesday, November 25, 2025)]
[Notices]
[Pages 53294-53296]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20918]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 3562-026]
KEI (Maine) Power Management (III) LLC; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Proposed Barker
Mill Upper Hydroelectric Project
Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
a. Type of Application: Subsequent Minor License.
b. Project No.: 3562-026.
c. Date filed: July 29, 2021.
d. Applicant: KEI (Maine) Power Management (III) LLC (KEI Power).
e. Name of Project: Barker Mill Upper Hydroelectric Project (Upper
Barker Project).
f. Location: On the Little Androscoggin River, in the City of
Auburn, Androscoggin County, Maine.
g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
h. Applicant Contact: Lewis C. Loon, General Manager, KEI (USA)
Power Management Inc., 423 Brunswick Avenue, Gardiner, ME 04345; phone
at (207) 203-3025; email at <a href="/cdn-cgi/l/email-protection#a8e4cddfc1dbeb86e4c7c7c6e8c3daddcdcfcdda86cbc7c5"><span class="__cf_email__" data-cfemail="531f36243a20107d1f3c3c3d13382126363436217d303c3e">[email protected]</span></a>.
i. FERC Contact: Jody Callihan at (202) 502-8278, or
<a href="/cdn-cgi/l/email-protection#cfa5a0abb6e1acaea3a3a6a7aea18fa9aabdace1a8a0b9"><span class="__cf_email__" data-cfemail="204a4f44590e43414c4c4948414e60464552430e474f56">[email protected]</span></a>.
j. The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental effects of relicensing the Upper Barker Project. The
Commission will use this environmental document in its decision-making
process to determine whether to issue a subsequent license for the
project.
[[Page 53295]]
k. This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. This notice is intended to advise all
participants as to the potential scope of the National Environmental
Policy Act (NEPA) document and to seek additional information pertinent
to this analysis. Commission staff does not intend to issue a separate
scoping document.
As part of the NEPA review process, the Commission takes into
account concerns the public may have about proposals and the
environmental effects that could result from its action whenever it
considers the issuance of a hydropower license. This gathering of
public input is referred to as ``scoping.'' The main goal of the
scoping process is to focus the analysis in the environmental document
on the important environmental issues.
l. Scoping Comments: By this notice, the Commission requests
written public comments on the scope of issues to address in the
environmental document. 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
December 1, 2025.
Comments should focus on the potential environmental effects and
reasonable alternatives. Your input will help the Commission staff
determine what issues they need to evaluate in the environmental
document. Commission staff will consider all written comments during
the preparation of the environmental document.
The Commission strongly encourages electronic filing. Please file
scoping comments 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 10,000 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#6e282b3c2d21000207000b3d1b1e1e011c1a2e080b1c0d40090118"><span class="__cf_email__" data-cfemail="f4b2b1a6b7bb9a989d9a91a78184849b8680b492918697da939b82">[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, 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. All filings must clearly identify the
project name and docket number on the first page: Barker Mill Upper
Hydroelectric Project (P-3562-026).
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.
m. The application has been accepted for filing but is not ready
for environmental analysis at this time.
n. The existing Upper Barker Project consists of: (1) a 41-acre
impoundment with a maximum storage capacity of 255 acre-feet at a
normal maximum water surface elevation of 192 feet; \1\ (2) a dam
consisting of (starting from the west bank): (a) a 43-foot-long
concrete abutment; (b) a 40-foot-long gated spillway structure
consisting of two, 18-foot-high, 15-foot-wide steel Tainter gates; (c)
an 86-foot-long, 24-foot-high stone masonry with concrete overlay
overflow spillway with 3-foot-high wooden flashboards and a crest
elevation of 192 feet at the top of the flashboards (189 feet when the
flashboards are lowered); (d) a 31-foot-long concrete intake structure;
and, (e) a 27-foot-long underground abutment; (3) a powerhouse
containing a single 950-kilowatt turbine-generator unit; (4) a
tailrace; (5) a 50-foot-long, 12.47-kilovolt transmission line; and (6)
appurtenant facilities.
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\1\ All elevations are referenced to the North American Vertical
Datum of 1988.
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KEI Power filed a Settlement Agreement for the Barker's Mill
Project (FERC No. 2808),\2\ Upper Barker Project (FERC No. 3562), and
Marcal Project (FERC No. 11482) (Settlement) executed by and between
the licensee and the U.S. Department of Justice, the U.S. Fish and
Wildlife Service, the National Marine Fisheries Service, the Maine
Department of Marine Resources (Maine DMR), and the Maine Department of
Inland Fisheries and Wildlife (Settlement Parties). The purpose of the
Settlement is to resolve the parties' disagreements over the issues
related to fish and aquatic resource management, including upstream and
downstream passage measures for American eel, river herring, American
shad, sea lamprey, and Atlantic salmon; minimum flow releases; and
aquatic invasive species. Specifically, for the relicensing of the
Upper Barker Project, the Settlement provides for: (1) coordinating the
time frame for providing upstream and downstream fish passage at the
Upper Barker Project; (2) aligning the minimum and seasonal flows at
the Upper Barker and the Lower Barker Projects; (3) aligning the Upper
Barker and Lower Barker Projects' license terms by extending the 40-
year license term of the Lower Barker Project to 50 years and
requesting a license term of 47 years for the Upper Barker Project; (4)
establishing an off-license agreement to fund an Androscoggin Basin
Stewardship Fund administered by Maine DMR to benefit spawning and
rearing habitat in the basin; and (5) assuring, through an off-license
agreement, the resources agencies' support for KEI Power's request for
Low Impact Hydropower Institute certification for the Upper Barker
Project.
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\2\ The Barker's Mill Project is also known as and referred to
herein as the Lower Barker Project.
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The Upper Barker Project is currently operated in run-of-river mode
and generates 4,681 megawatt-hours annually.
A copy of the application is available for review on the
Commission's website at <a href="http://www.ferc.gov">http://www.ferc.gov</a>, using the ``eLibrary''
link. Enter the project's docket number, excluding the last three
digits in the docket number field, to access the document. For
assistance, contact FERC at <a href="/cdn-cgi/l/email-protection#571112051418393b3e393204222727382523173132253479303821"><span class="__cf_email__" data-cfemail="e7a1a2b5a4a8898b8e8982b4929797889593a781829584c9808891">[email protected]</span></a> or call toll
free, (886) 208-3676 or TTY (202) 502-8659.
o. NEPA Process and the Environmental Document: Any environmental
document issued by the Commission will discuss effects that could occur
as a result of the project's relicensing under the relevant general
resource areas, such as:
<bullet> geology and soils;
<bullet> aquatic resources;
<bullet> terrestrial resources;
<bullet> threatened and endangered species;
<bullet> recreation, land use, and aesthetic resources;
<bullet> cultural resources; and
<bullet> developmental resources.
Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project and make recommendations on
how to lessen or avoid effects on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further discussion in the environmental document.
Following this scoping period, Commission staff will determine
whether to prepare an Environmental Assessment (EA) or an Environmental
[[Page 53296]]
Impact Statement (EIS). The EA or EIS will present Commission staff's
independent analysis of the issues. If Commission staff prepares an EA,
a Notice of Intent to Prepare an Environmental Assessment will be
issued. The EA may be issued for an allotted public comment period. The
Commission would consider timely comments on the EA before making its
decision regarding the proposed project. If Commission staff prepares
an EIS, a Notice of Intent to Prepare an Environmental Impact Statement
will be issued. Staff will then prepare a draft EIS, which will be
issued for public comment. 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 EA or draft
and final EIS will be available in electronic format in the public
record through eLibrary. If eSubscribed, you will receive instant email
notification when the environmental document is issued (see paragraph
(q) of this notice for instructions on using eSubscription).
p. 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#feb1aeaebe989b8c9dd0999188"><span class="__cf_email__" data-cfemail="3d726d6d7d5b584f5e135a524b">[email protected]</span></a>.
q. This notice is being distributed to the Commission's official
mailing list for the project and any additional entities on the
applicant's distribution list. You can access the Commission's official
mailing list for this project at <a href="https://ferconline.ferc.gov/ServiceListResults.aspx">https://ferconline.ferc.gov/ServiceListResults.aspx</a>. If you want to receive future mailings for the
project and are not included on the Commission's official mailing list,
or if you wish to be removed from the Commission's official mailing
list, please send your request by email to <a href="/cdn-cgi/l/email-protection#c1878493828eafada8afa492b4b1b1aeb3b581a7a4b3a2efa6aeb7"><span class="__cf_email__" data-cfemail="22646770616d4c4e4b4c47715752524d505662444750410c454d54">[email protected]</span></a>.
In lieu of an email request, you may submit a paper request.
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 written or emailed requests must specify your
wish to be added to or removed from the mailing list and must clearly
identify the following on the first page: Barker Mill Upper
Hydroelectric Project No. 3562-026.
Additionally, the Commission offers a free service called
eSubscription, which makes it easy to stay informed of all issuances
and submittals regarding the dockets/projects to which you subscribe.
These instant email notifications are the fastest way to receive
notification and provide a link to the document files, which can reduce
the amount of time you spend researching proceedings. Go to <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> to register for eSubscription.
In addition to publishing the full text of this notice in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this notice, as well
as other documents in the proceeding (e.g., license application) via
the internet through the Commission's Home Page (<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 (P-
3562). For assistance, contact FERC at <a href="/cdn-cgi/l/email-protection#7a3c3f283935141613141f290f0a0a15080e3a1c1f0819541d150c"><span class="__cf_email__" data-cfemail="c88e8d9a8b87a6a4a1a6ad9bbdb8b8a7babc88aeadbaabe6afa7be">[email protected]</span></a>,
(866) 208-3676 (toll free), or (202) 502-8659 (TTY).
Dated: October 30, 2025.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2025-20918 Filed 11-24-25; 8:45 am]
BILLING CODE 6717-01-P
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