Notice2026-16169
Erie Boulevard Hydropower, L.P.; 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
August 7, 2026
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
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<title>Federal Register, Volume 91 Issue 151 (Friday, August 7, 2026)</title>
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[Federal Register Volume 91, Number 151 (Friday, August 7, 2026)]
[Notices]
[Pages 51162-51165]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16169]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2569-169]
Erie Boulevard Hydropower, L.P.; 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
[[Page 51163]]
with the Commission and is available for public inspection.
a. Type of Application: New Major License.
b. Project No.: 2569-169.
c. Date Filed: August 30, 2024.
d. Applicant: Erie Boulevard Hydropower, L.P. (Erie).
e. Name of Project: Black River Hydroelectric Project (project).
f. Location: On the Black River in Jefferson County, New York.
g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
h. Applicant Contact: Mr. Steven P. Murphy, Director--U.S.
Licensing, Brookfield Renewable, 33 West 1st Street South, Fulton, NY
13069; telephone at (315) 598-6130; email at
<a href="/cdn-cgi/l/email-protection#481b3c2d38202d2666053d3a382031082a3a2727232e212d242c3a2d262d3f292a242d662b2725"><span class="__cf_email__" data-cfemail="b7e4c3d2c7dfd2d999fac2c5c7dfcef7d5c5d8d8dcd1ded2dbd3c5d2d9d2c0d6d5dbd299d4d8da">[email protected]</span></a>.
i. FERC Contact: Nicholas Ettema, Project Coordinator, Great Lakes
Branch, Division of Hydropower Licensing; telephone at (312) 596-4447;
email at <a href="/cdn-cgi/l/email-protection#036d6a606b6c6f62702d667777666e6243656671602d646c75"><span class="__cf_email__" data-cfemail="e08e8983888f8c8193ce859494858d81a086859283ce878f96">[email protected]</span></a>.
j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
fishway prescriptions: October 5, 2026, by 5:00 p.m. Eastern Time.
Deadline for filing reply comments: November 17, 2026, by 5:00 p.m.
Eastern Time.
The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway 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#84c2c1d6c7cbeae8edeae1d7f1f4f4ebf6f0c4e2e1f6e7aae3ebf2"><span class="__cf_email__" data-cfemail="04424156474b6a686d6a61577174746b767044626176672a636b72">[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 docket number P-2569-169.
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.
k. This application has been accepted for filing and is now ready
for environmental analysis.
l. Project Description: The project consists of the following five
developments from upstream to downstream: the 5.0625-megawatt (MW)
Herrings Development, the 10.8-MW Deferiet Development, the 5.4-MW
Kamargo Development, the 6-MW Black River Development, and the 1.875-MW
Sewalls Development.
Project Facilities
Herrings Development
The Herrings Development consists of a 729-foot-long, 25-foot-high
dam (Herrings dam) that includes: (1) a 512-foot-long ogee spillway
with 1-foot-high flashboards that have a crest elevation of 680.1 feet
North American Vertical Datum of 1988 (NAVD 88); (2) a stoplog gate;
and (3) a 137-foot-long powerhouse that includes: (a) an intake
structure with a stoplog gate, nine slide gates, a skimmer with stoplog
gate, and a trashrack with 2-inch clear bar spacing and (b) three
1.6875-MW vertical propeller turbine-generators. The dam creates an
impoundment that has a surface area of 140 acres at an elevation of
680.1 feet NAVD 88.
From the impoundment, water flows through the powerhouse to a
tailrace that discharges into the Black River. The project generators
are connected to the regional electric grid by two generator lead lines
and a transformer. The project recreation facilities include a hand-
carry boat access site that includes a picnic area and parking area on
the north shoreline of the impoundment, a portage trail, a put-in site,
and two fishing access sites.
Deferiet Development
The Deferiet Development consists of a 926.9-foot-long, 18-foot-
high dam (Deferiet dam) that includes: (1) a 503.9-foot-long spillway
with a 3-foot-high inflatable rubber crest gate with a maximum crest
elevation of 659.53 feet NAVD 88; (2) eleven stoplog gates; and (3) a
canal headworks structure with ten sluice gates. The dam creates an
impoundment that has a surface area of 70 acres at 659.53 feet NAVD 88.
From the impoundment water flows through the canal headworks
structure to a 4,200-foot-long power canal. From the power canal, water
enters a powerhouse that includes: (1) an intake structure with three
sluice gates and a trashrack with 2-inch clear bar spacing; and (2)
three 3.6-MW vertical Francis turbine-generators. From the powerhouse,
water flows to a tailrace that discharges into the Black River. The
development creates an approximately 1.73-mile-long bypassed reach.
The generators are connected to the regional electric grid by three
overhead generator lead lines and a transformer. The project recreation
facilities include two impoundment access sites for hand-carry boats, a
portage trail, a put-in site downstream of the dam, a hiking trail, and
a boat access site and parking area downstream of the powerhouse.
Kamargo Development
The Kamargo Development consists of a 188-foot-long headgate
structure that includes fourteen sluice gates and an 886-foot-long, 24-
foot-high dam (Kamargo dam) that includes a 647-foot-long ogee spillway
with 2-foot-high flashboards that have a crest elevation of 565.48 feet
NAVD 88 and a 5.7-foot-long, 6-foot-high notch. The dam creates an
impoundment that has a surface area of 40 acres at 565.48 feet NAVD 88.
From the impoundment, water flows through the headgate structure to
a 3,850-foot-long power canal that includes a 160.8-foot-long ogee
spillway with twelve stoplog gates and low-level sluice gate that
discharge into the Black River. From the power canal, water enters a
powerhouse that includes: (1) an intake structure with nine sluice
gates and a trashrack with 2-inch clear bar spacing; and (2) three 1.8-
MW vertical Francis turbine-generators. From the powerhouse, water
flows to a tailrace that discharges into the Black River. The
development creates a 0.69-mile-long bypassed reach.
The generators are connected to the regional electric grid by four
generator lead lines and a transformer. The project includes the Poors
Island Recreation Area that includes two portage trails, fishing access
areas, a picnic area, a bicycle rack, a hiking trail, and parking area.
Black River Development
The Black River Development consists of a 362.5-foot-long, 27.8-
foot-high dam (Black River dam) that includes: (1) two sluice gates, a
291-foot-long ogee spillway with a 4.5-foot-long, 3.5-foot-high notch
and 2-foot-high flashboards that have a crest elevation of 535.68 feet
NAVD 88, and a stoplog gate; and (2) a 99.6-foot-long headgate
structure with five sluice gates. The dam creates an impoundment that
has a surface area of 25 acres at 535.68 feet NAVD 88.
[[Page 51164]]
From the impoundment, water flows through the headgate structure to
a 2,250-foot-long power canal that includes: (1) a 250-foot-long waste
weir with a crest elevation of 537.68 NAVD 88; and (2) a 134-foot-long
waste weir with 2-foot-high flashboards and a low-level outlet gate.
From the power canal, water enters a powerhouse that includes: (1) an
intake structure with nine sluice gates, a skimmer equipped with two
sluice gates, and a trashrack with 2-inch clear bar spacing; and (2)
three 2-MW vertical Francis turbine-generators. From the powerhouse
water flows to a tailrace that discharges into the Black River. The
development creates an approximately 0.6-mile-long bypassed reach of
the Black River.
The generators are connected to the regional electric grid by two
underground generator lead lines and a transformer. The project
recreation facilities include: (1) a parking area, picnic area, and
fishing platform, referred to as the ``Stone Drive Recreation Area,''
located on the north shoreline of the impoundment; (2) a hand-carry
boat portage route with an impoundment take-out site, a portage trail,
and a put-in site downstream of the dam; and (3) a picnic and parking
area southeast of the dam.
Sewalls Development
The Sewalls Development consists of: (1) a 345-foot-long, 15.5-
foot-high south dam (Sewalls dam) that includes a 243-foot-long ogee
spillway with a crest elevation of 463.73 feet NAVD 88, two stoplog
gates, and two sluice gates; and (2) a north dam that includes a 95.9-
foot-long, 18.5-foot-high spillway with a crest elevation of 463.73
feet NAVD 88 and a 3.61-foot-long, 2-foot-high notch. The dam creates
an impoundment that has a surface area of 4 acres at 463.73 feet NAVD
88.
From the impoundment water flows through the sluice gates to a 400-
foot-long power canal with 2-foot-high flashboards, a sluice gate, and
a low-level outlet gate. From the power canal, water enters a
powerhouse that includes: (1) an intake structure with four sluice
gates and a trashrack with 2-inch clear bar spacing; and (2) two
0.9375-MW vertical propeller turbine-generators. From the powerhouse,
water flows to a tailrace that discharges into the Black River. The
development creates an approximately 400-foot-long bypassed reach of
the Black River downstream of the south dam (south channel bypassed
reach); and an approximately 0.25-mile-long bypassed reach downstream
of the north dam (north channel bypassed reach).
The generators are connected to the regional electric grid by two
underground generator lead lines and a transformer. The project
recreation facilities include a parking area and scenic overlook on the
south shoreline of the impoundment, a portage trail, and an impoundment
take-out site.
Proposed Project Operation and Environmental Measures
Erie proposes to: (1) continue to operate the project so that the
water levels at each development's impoundment are maintained no lower
than 0.5 foot below the crest of the dam or flashboards, if present;
(2) continue to operate the Sewalls Development in run-of-river mode
from May 1 through September 30 when flows in the Black River are less
than 2,000 cfs; (3) continue to install flashboards at all developments
by May 1 of each year, or as soon as possible thereafter; (4) continue
to release a minimum flow of 1,000 cfs, or inflow, whichever is less,
downstream of each development; (5) continue to release the following
minimum flows or inflow, whichever is less, to the bypassed reaches:
(a) 20 cfs at the Herrings Development; (b) 245 cfs at the Deferiet
Development, with 800 cfs during the walleye spawning season in the
spring; (c) 120 cfs at the Kamargo Development; (d) 80 cfs at the Black
River Development with 300 cfs during the walleye spawning season; and
(e) 32 cfs into the north channel bypassed reach and 137 cfs into the
south channel bypassed reach at the Sewalls Development; (6) continue
to maintain seasonal trashracks with 1-inch clear bar spacing in the
top half of the water column from May 1 to October 1 at each
development except the Sewalls Development; (7) continue to implement
the Streamflow and Headpond Monitoring Plan; (8) continue to implement
the Minimum Flow and Fish Conveyance Plan; (9) continue to maintain
woodland buffers along the shorelines of each development; (10) update
and continue to implement the Recreation Plan that requires operation
and maintenance of the project recreation facilities described above;
(11) notify the public via an online platform of bypassed reach flow
and relevant safety information for the Deferiet Development; (12)
enhance a fishing area at the Herrings Development by formalizing and
maintaining a designated trail to the water's edge; (13) enhance a
staircase at the put-in site downstream of the dam at the Deferiet
Development to improve access for whitewater boaters; (14) continue to
maintain project facilities, including fencing and outbuildings, in a
dark brown/green color; and (15) develop a historic properties
management plan.
m. A copy of the application can 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 (i.e., P-2569). For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the Roswell P. Flower Memorial Library, located at 229
Washington Street, Watertown, NY 13601.
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. 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, 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 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
[[Page 51165]]
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#8cc3dcdccceae9feefa2ebe3fa"><span class="__cf_email__" data-cfemail="e1aeb1b1a187849382cf868e97">[email protected]</span></a>.
o. The applicant must file on or before 5:00 p.m. Eastern Time on
October 5, 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 September 3, 2026.
(Authority: 18 CFR 2.1)
Dated: August 4, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-16169 Filed 8-6-26; 8:45 am]
BILLING CODE 6717-01-P
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</html>Indexed from Federal Register on August 7, 2026.
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