Notice2026-08352
Cushaw Hydro, LLC; Notice of Application for Non-Capacity License Amendment Accepted for Filing, Soliciting Comments, Motions To Intervene, Protests, Recommendations, Terms and Conditions, and Fishway Prescriptions
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Published
April 30, 2026
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 91 Issue 83 (Thursday, April 30, 2026)</title>
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[Federal Register Volume 91, Number 83 (Thursday, April 30, 2026)]
[Notices]
[Pages 23259-23260]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08352]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 906-044]
Cushaw Hydro, LLC; Notice of Application for Non-Capacity License
Amendment Accepted for Filing, Soliciting Comments, Motions To
Intervene, Protests, Recommendations, Terms and Conditions, and Fishway
Prescriptions
Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
a. Application Type: Non-Capacity Amendment of License.
b. Project No: 906-044.
c. Date Filed: September 30, 2025, as supplemented on November 12,
2025.
d. Applicant: Cushaw Hydro, LLC (licensee).
e. Name of Project: Cushaw Hydroelectric Project.
f. Location: The project is located on the James River, in Bedford
and Amherst counties, Virginia. The project occupies federal lands
administered by the U.S. Forest Service.
g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
h. Applicant Contact: Mark Fendig, Managing Partner, Cushaw Hydro,
LLC, P.O. Box 113, Coleman Falls, VA 24536, (540) 320-6762,
<a href="/cdn-cgi/l/email-protection#751813101b111c1235141c0603145b1b1001"><span class="__cf_email__" data-cfemail="5f32393a313b36381f3e362c293e71313a2b">[email protected]</span></a>.
i. FERC Contact: Chris Chaney, (202) 502-6778,
<a href="/cdn-cgi/l/email-protection#e08388928993948f90888592ce8388818e8599a086859283ce878f96"><span class="__cf_email__" data-cfemail="aac9c2d8c3d9dec5dac2cfd884c9c2cbc4cfd3eacccfd8c984cdc5dc">[email protected]</span></a>.
j. Cooperating agencies: With this notice, the Commission is
inviting federal, state, local, and Tribal agencies with jurisdiction
and/or special expertise with respect to environmental issues affected
by the proposal, that wish to cooperate in the preparation of any
environmental document, if applicable, to follow the instructions for
filing such requests described in item l below. Cooperating agencies
should note the Commission's policy that agencies that cooperate in the
preparation of any environmental document cannot also intervene. See 94
FERC ] 61,076 (2001).
k. Water Quality Certification: A water quality certificate under
section 401 of the Clean Water Act is required for this proposal from
the Virginia Department of Environmental Quality (Virginia DEQ). The
applicant must file no later than 60 days following the date of
issuance of this notice either: (1) a copy of the request for water
quality certification submitted to the Virginia DEQ; or (2) a copy of
the water quality certification or evidence of waiver of water quality
certification.
l. Deadline for filing comments, motions to intervene, and
protests: June 23, 2026 5:00 p.m. Eastern Time; reply comments are due
August 7, 2026 5:00 p.m. Eastern Time.
The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at <a href="http://www.ferc.gov/docs-filing/efiling.asp">http://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="http://www.ferc.gov/docs-filing/ecomment.asp">http://www.ferc.gov/docs-filing/ecomment.asp</a>. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at <a href="/cdn-cgi/l/email-protection#f1b7b4a3b2be9f9d989f94a28481819e8385b197948392df969e87"><span class="__cf_email__" data-cfemail="14525146575b7a787d7a71476164647b666054727166773a737b62">[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, MD 20852. The first page of any filing
should include the docket number P-906-044. Comments emailed to
Commission staff are not considered part of the Commission record.
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 whose name appears 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. Description of Request: The licensee proposes to: (1) install a
siphon over the western end of the dam to pass the minimum flow to the
bypassed reach; (2) reduce the normal impoundment elevation to prevent
flows over the spillway during normal operations; (3) change from a
run-of-river mode of operation to unit cycling during normal operations
utilizing a 6-inch impoundment elevation range (i.e., between 656 and
655.5 feet mean sea level (msl)) and; and (4) implement peaking
operations utilizing an 18-inch impoundment elevation range (i.e.,
between 656 and 654.5 feet msl) for up to 2 hours on up to 10 days per
year.
n. Locations of the Application: This filing may 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. You may also register
online at <a href="http://www.ferc.gov/docs-filing/esubscription.asp">http://www.ferc.gov/docs-filing/esubscription.asp</a> to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<a href="/cdn-cgi/l/email-protection#5e181b0c1d11303237303b0d2b2e2e312c2a1e383b2c3d70393128"><span class="__cf_email__" data-cfemail="763033243539181a1f181325030606190402361013041558111900">[email protected]</span></a>, for TTY, call (202) 502-8659. Agencies may
obtain copies of the application directly from the applicant.
o. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
p. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. 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.
q. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', ``MOTION TO
INTERVENE'', ``TERMS AND CONDITIONS'', or ``FISHWAY PRESCRIPTIONS'', as
applicable; (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
commenting, protesting or intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through 385.2005. All comments,
motions to intervene, or protests should relate to project works which
are the subject of the amendment. Agencies may obtain copies of the
application directly from the applicant. A copy of
[[Page 23260]]
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. If an intervener 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. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
r. 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#85cad5d5c5e3e0f7e6abe2eaf3"><span class="__cf_email__" data-cfemail="8ac5dadacaeceff8e9a4ede5fc">[email protected]</span></a>.
(Authority: 18 CFR 2.1)
Dated: April 24, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-08352 Filed 4-29-26; 8:45 am]
BILLING CODE 6717-01-P
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