Skip to main content
Notice2026-11443

Aquenergy Systems, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests

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
June 8, 2026

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 109 (Monday, June 8, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 109 (Monday, June 8, 2026)]
[Notices]
[Pages 34628-34629]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11443]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2416-036]


Aquenergy Systems, LLC; Notice of Application Accepted for Filing 
and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Application Type: Temporary Variance of Reservoir Elevation.
    b. Project No: 2416-036.
    c. Date Filed: August 21, 2024, as supplemented on May 27, 2025, 
and June 4, 2025.
    d. Applicant: Aquenergy Systems, LLC (licensee).
    e. Name of Project: Ware Shoals Hydroelectric Project.

[[Page 34629]]

    f. Location: The project is located on the Saluda River, in the 
Town of Ware Shoals, within Laurens, Greenwood, and Abbeville counties, 
South Carolina. The project does not occupy any federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Kevin Webb; Aquenergy Systems, LLC; 670 N. 
Commercial Street, Suite 204, Manchester, NH 03101; (978) 935-6039; 
<a href="/cdn-cgi/l/email-protection#315a465453537141504543585e45594855435e1f525e5c"><span class="__cf_email__" data-cfemail="b7dcc0d2d5d5f7c7d6c3c5ded8c3dfced3c5d899d4d8da">[email&#160;protected]</span></a>.
    i. FERC Contact: Chris Chaney, (202) 502-6778, 
<a href="/cdn-cgi/l/email-protection#98fbf0eaf1ebecf7e8f0fdeab6fbf0f9f6fde1d8fefdeafbb6fff7ee"><span class="__cf_email__" data-cfemail="e08388928993948f90888592ce8388818e8599a086859283ce878f96">[email&#160;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 k 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. Deadline for filing comments, motions to intervene, and 
protests: July 6, 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#b3f5f6e1f0fcdddfdaddd6e0c6c3c3dcc1c7f3d5d6c1d09dd4dcc5"><span class="__cf_email__" data-cfemail="91d7d4c3d2defffdf8fff4c2e4e1e1fee3e5d1f7f4e3f2bff6fee7">[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, MD 20852. The first page of any filing 
should include the docket number P-2416-036. 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.
    l. Description of Request: The licensee requests Commission 
approval for a temporary variance from the reservoir elevation 
requirements of Article 401 of the project's license. Under Article 
401, the licensee is required to attenuate inflows to the project 
utilizing a 1-foot daily elevation range below the normal water surface 
elevation of 524 feet mean sea level (msl) between March 1 and May 31, 
and a 3-foot daily elevation range during the rest of the year. Due to 
dam safety concerns, the licensee has been implementing interim risk 
reduction measures at the project that, in part, involve keeping the 
project's spillway and canal gates open. This results in the reservoir 
elevation being between 507 and 514 feet msl (i.e., 10-17 feet below 
normal), depending on inflows.
    The licensee initially requested the temporary variance until 
permanent dam safety repairs could be completed; however, the May 27, 
2025 supplemental filing states the licensee now intends to surrender 
the license. Therefore, the licensee requests that the variance remains 
in effect until the Commission can act on a future application to 
surrender the license. Any future application to surrender the license 
would be handled in a separate proceeding, and this notice is only 
seeking comments on the temporary variance request.
    m. 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#d79192859498b9bbbeb9b284a2a7a7b8a5a397b1b2a5b4f9b0b8a1"><span class="__cf_email__" data-cfemail="ce888b9c8d81a0a2a7a0ab9dbbbebea1bcba8ea8abbcade0a9a1b8">[email&#160;protected]</span></a>, for TTY, call (202) 502-8659. Agencies may 
obtain copies of the application directly from the applicant.
    n. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    o. 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.
    p. Filing and Service of Documents: Any filing must (1) bear in all 
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO 
INTERVENE'' 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 must set forth their 
evidentiary basis. Any filing made by an intervenor 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 
385.2010.
    q. 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#cc839c9c8caaa9beafe2aba3ba"><span class="__cf_email__" data-cfemail="9ad5cacadafcffe8f9b4fdf5ec">[email&#160;protected]</span></a>.

(Authority: 18 CFR 2.1)

    Dated: June 3, 2026.
Carlos D. Clay,
Deputy Secretary.
[FR Doc. 2026-11443 Filed 6-5-26; 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 June 8, 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.