Notice2026-01077

Virginia Electric and Power Company d/b/a Dominion Energy Virginia, Allegheny Generating Company, and Bath County Energy, LLC; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

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Published
January 21, 2026

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

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<title>Federal Register, Volume 91 Issue 13 (Wednesday, January 21, 2026)</title>
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[Federal Register Volume 91, Number 13 (Wednesday, January 21, 2026)]
[Notices]
[Pages 2526-2528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01077]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2716-051]


Virginia Electric and Power Company d/b/a Dominion Energy 
Virginia, Allegheny Generating Company, and Bath County Energy, LLC; 
Notice of Application Accepted for Filing, Soliciting Motions To 
Intervene and Protests, Ready for Environmental Analysis, and 
Soliciting Comments, Recommendations, Preliminary Terms and Conditions, 
and Preliminary Fishway 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.: 2716-051.
    c. Date Filed: December 30, 2024.
    d. Applicant: Virginia Electric and Power Company d/b/a Dominion 
Energy Virginia, Allegheny Generating Company, and Bath County Energy, 
LLC (Dominion).
    e. Name of Project: Bath County Pumped Storage Project (Bath County 
Project).
    f. Location: On Back Creek and Little Back Creek in Bath, Highland, 
Augusta, and Rockbridge counties, Virginia. The current project 
boundary encompasses 3,451 acres of land, including 1,122 acres of 
federal land in the George Washington and Jefferson National Forests 
administered by the U.S. Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Corwin D. Chamberlain, Relicensing 
Project Manager, Dominion Energy, 600 Canal Place, Richmond, VA 23219-
3852; (804) 273-2948; <a href="/cdn-cgi/l/email-protection#4b2824393c2225652f6528232a26292e39272a22250b2f242622252224252e252e392c3265282426"><span class="__cf_email__" data-cfemail="bad9d5c8cdd3d494de94d9d2dbd7d8dfc8d6dbd3d4faded5d7d3d4d3d5d4dfd4dfc8ddc394d9d5d7">[email&#160;protected]</span></a>.
    i. FERC Contact: Andy Bernick at (202) 502-8660 or email at 
<a href="/cdn-cgi/l/email-protection#8dece3e9ffe8faa3efe8ffe3e4eee6cdebe8ffeea3eae2fb"><span class="__cf_email__" data-cfemail="b6d7d8d2c4d3c198d4d3c4d8dfd5ddf6d0d3c4d598d1d9c0">[email&#160;protected]</span></a>.
    j. Deadline for filing motions to intervene and protests, comments, 
recommendations, preliminary terms and conditions, and preliminary 
fishway prescriptions: on or before 5:00 p.m. Eastern Time on March 16, 
2026; reply comments are due on or before 5:00 p.m. Eastern Time on 
April 30, 2026.
    The Commission strongly encourages electronic filing. Please file 
motions to intervene and protests, comments, recommendations, 
preliminary terms and conditions, and preliminary fishway prescriptions 
using the

[[Page 2527]]

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#7d3b382f3e3213111413182e080d0d120f093d1b180f1e531a120b"><span class="__cf_email__" data-cfemail="2a6c6f786965444643444f795f5a5a45585e6a4c4f5849044d455c">[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, Maryland 20852. 
All filings must clearly identify the project name and docket number on 
the first page: Bath County Pumped Storage Project (P-2716-051).
    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. The Bath County Project consists of the following existing 
facilities: (1) an upper reservoir with a surface area of 278 acres and 
a gross storage capacity of 37,910 acre-feet (with an usable storage 
capacity of 23,300 acre-feet--power pool) at a normal maximum surface 
elevation of 3,321 feet National Geodetic Vertical Datum of 1929 
(NGVD29), created by a 2,250-foot-long, 460-foot-high, earth and rock-
fill dam across Little Back Creek with a crest elevation of 3,331 feet 
NGVD29; (2) water conduits composed of: (a) three intake structures in 
the upper reservoir; (b) two 10.75-foot by 28.6-foot wheel gates at 
each of the three intakes; (c) three concrete-lined power tunnels, 28.5 
feet in diameter with an approximately 3,300 to 3,400-foot-long upper 
horizontal section, a 980-foot-long vertical section, and an 
approximately 3,267 to 3,686-foot-long lower horizontal section, 
connecting each upper intake to two steel-lined 1,185 to 1,510-foot-
long, 18.0 to 19.5-foot-diameter underground penstocks; and (d) a 
single-shaft surge tank, approximately 44 feet in diameter, for each of 
the power tunnels; (3) a 509-foot-long, 145-foot-wide, and 203-foot-
high reinforced concrete, primarily underground powerhouse with six 65-
foot-wide bays for generation/pumping equipment and one erection bay, 
located on the west side of the lower reservoir, housing six Francis 
reversible pump-turbines each rated at 414 megawatts (MW) with a 
maximum hydraulic capacity of 4,600 cubic feet per second (cfs) in 
pumping mode and 5,000 cfs in generation mode, and a total installed 
capacity of 2,484 MW; (4) a lower reservoir with a surface area of 555 
acres and a gross storage capacity of 27,300 acre-feet (with an usable 
storage capacity of 25,620 acre-feet composed of a 22,570 acre-foot 
power pool and 3,050 acre-foot conservation pool) at a normal maximum 
surface elevation of 2,118 feet NGVD29, created by a 2,100-foot-long, 
135-foot-high, earth and rock-fill dam across Back Creek with a crest 
elevation of 2,136 feet NGVD29; (5) a project switchyard on top of the 
powerhouse containing transformers to step-up the generator voltage to 
500 kilovolts (kV), the transmission line voltage; (6) two 500-kV 
transmission lines, approximately 51 miles (Valley Line) and 35 miles 
long (Lexington Line), which interconnect at substations located in 
Augusta County, near Bridgewater, Virginia, and Rockbridge County, near 
Lexington, Virginia, respectively; and (7) appurtenant facilities.
    The average annual energy generation (2014 to 2023) is 3,708,814 
megawatt-hours (MWh), and the average annual pumping consumption (2000 
to 2020) is 4,599,899 MWh.
    Dominion manages three sediment ponds with a combined storage of 
about 103.5 acre-feet, located downstream of the upper reservoir on 
Little Back Creek outside of the current project boundary. The ponds 
were originally constructed to trap and limit sediment input to Little 
Back Creek following project construction in 1985, and Dominion 
continues to manage the ponds: (1) as a safety feature to protect 
Little Back Creek from excessive sediment deposition and flooding in 
the event of an emergency drawdown of the upper reservoir; (2) to 
regulate flows from upstream sources including the upper reservoir; (3) 
to supplement downstream flow; and (4) to provide recreational fishing 
opportunities. Dominion proposes to include the sediment ponds within 
the project boundary to protect Little Back Creek by trapping sediment 
in the unlikely event of an emergency drawdown of the upper reservoir 
as well as provide recreational access to the ponds over the new 
license term.
    The project also includes an existing project recreation area, 
located downstream of the lower reservoir dam near Back Creek, that 
consists of: (1) a 49-acre upper recreation pond with a one-lane 
concrete boat ramp for electric motorized and non-motorized boats, a 
fishing pier/dock, a walking trail, two tent-only campsites, and a 
parking area for 22 vehicles; (2) a 26-acre lower recreation pond with 
a swimming beach, a recreational field for soccer or baseball, a 
volleyball court, a walking trail, three picnic areas with a total of 
18 picnic tables, a pavilion with restrooms, a bathhouse with restrooms 
and showers, and a parking area for 65 vehicles; and (3) a campground 
with 30 recreational vehicle campsites (each with a gravel pad, fire 
ring, and picnic table), trash cans, a comfort station with restrooms 
and showers, and a check-in station.
    Dominion proposes to continue to operate the Bath County Project as 
required by the current license. Downstream flow releases are 
maintained in compliance with the Virginia Water Protection Permit. As 
required by the permit, under normal operating conditions: (1) the 
daily average release from the lower reservoir shall be no less than 
the difference between 15 cfs and the daily average release from the 
upper reservoir; (2) at no time shall the instantaneous release from 
the lower reservoir be less than 10 cfs; and (3) the instantaneous 
release from the upper reservoir shall be no less than 2 cfs.
    Dominion proposes to upgrade the turbine-generator units (i.e., 
replacement of turbine runners), including associated appurtenant 
facilities. No other structural or operational changes to the Bath 
County Project are proposed by Dominion at this time.
    m. A copy of the application can be viewed on the Commission's 
website at <a href="https://www.ferc.gov">https://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-2716). For assistance, contact FERC 
Online Support (see item j above).
    You may also register online at <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> to be notified via email of new filings and issuances related 
to this or other pending projects. For assistance, contact FERC Online 
Support.
    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

[[Page 2528]]

385.210, .211, and .214. In determining 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,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or 
``PRELIMINARY FISHWAY 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, address, and telephone 
number of the person protesting or intervening; 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.
    For public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, contact the Office 
of Public Participation at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#48071818082e2d3a2b662f273e"><span class="__cf_email__" data-cfemail="2f607f7f6f494a5d4c01484059">[email&#160;protected]</span></a>.
    o. The applicant must file the following on or before 5:00 p.m. 
Eastern Time on March 16, 2026: (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. Final amendments to the application must be filed with the 
Commission on or before 5:00 p.m. Eastern Time on February 17, 2026.

(Authority: 18 CFR 2.1)

    Dated: January 15, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-01077 Filed 1-20-26; 8:45 am]
BILLING CODE 6717-01-P


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Indexed from Federal Register on January 21, 2026.

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.