Notice2026-05890

KEI (Maine) Power Management (III) LLC; Notice of Application 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
March 26, 2026

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 58 (Thursday, March 26, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 58 (Thursday, March 26, 2026)]
[Notices]
[Pages 14693-14694]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05890]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3562-026]


KEI (Maine) Power Management (III) 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: 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#a5e9c0d2ccd6e68be9cacacbe5ced7d0c0c2c0d78bc6cac8"><span class="__cf_email__" data-cfemail="f0bc95879983b3debc9f9f9eb09b828595979582de939f9d">[email&#160;protected]</span></a>.
    i. FERC Contact: Jody Callihan at (202) 502-8278 or 
<a href="/cdn-cgi/l/email-protection#2943464d50074a48454540414847694f4c5b4a074e465f"><span class="__cf_email__" data-cfemail="157f7a716c3b767479797c7d747b55737067763b727a63">[email&#160;protected]</span></a>.
    j. Deadline for filing comments, recommendations, terms and 
conditions, and prescriptions: on or before 5:00 p.m. Eastern Time on 
May 22, 2026; reply comments are due on or before 5:00 p.m. Eastern 
Time on July 6, 2026.
    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://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#f8bebdaabbb7969491969dab8d8888978a8cb89e9d8a9bd69f978e"><span class="__cf_email__" data-cfemail="5e181b0c1d11303237303b0d2b2e2e312c2a1e383b2c3d70393128">[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: Barker Mill Upper Hydroelectric Project (P-3562-026).
    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 and is ready for 
environmental analysis at this time.
    l. The Barker Mill Upper Project consists of the following existing 
facilities: (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.
---------------------------------------------------------------------------

    \1\ All elevations are referenced to the North American Vertical 
Datum of 1988.
---------------------------------------------------------------------------

    KEI Power filed a Settlement Agreement (Settlement) for the 
Barker's Mill Project (FERC No. 2808),\2\ Upper Barker Project (FERC 
No. 3562), and Marcal Project (FERC No. 11482) 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

[[Page 14694]]

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.
---------------------------------------------------------------------------

    \2\ The Barker's Mill Project is also known as and referred to 
herein as the Lower Barker Project.
---------------------------------------------------------------------------

    On January 29, 2026, KEI Power filed additional details, including 
design drawings, of its proposed full-depth trash rack overlays 
(perforated plates with 1-inch hole openings) to protect against fish 
and eel entrainment and its proposed method of upstream eel passage--
installing mussel spat rope.\3\ The Upper Barker Project is currently 
operated in run-of-river mode and generates 4,681 megawatt-hours 
annually.
---------------------------------------------------------------------------

    \3\ Mussel spat ropes are made of coarse ultra-violet stabilized 
polypropylene fibers and while typically used in the aquaculture 
industry to provide a settlement substrate for mussel larvae, these 
ropes can also be used to facilitate the upstream fish passage of 
climbing species such as eels.
---------------------------------------------------------------------------

    m. A copy of the application can be viewed on the Commission's 
website <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 
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; and (3) 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. 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.
    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#baf5eaeafadcdfc8d994ddd5cc"><span class="__cf_email__" data-cfemail="96d9c6c6d6f0f3e4f5b8f1f9e0">[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, contact FERC 
Online Support.
    n. The applicant must file the following on or before 5:00 p.m. 
Eastern Time on May 22, 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 a waiver of water quality certification.
    o. Final amendments to the application must be filed with the 
Commission on or before 5:00 p.m. Eastern Time on April 22, 2026.

(Authority: 18 CFR 2.1.)

     Dated: March 23, 2026.
Carlos D. Clay,
Deputy Secretary.
[FR Doc. 2026-05890 Filed 3-25-26; 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 March 26, 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.