Great Lakes Hydro America, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Penobscot Mills and Ripogenus Hydroelectric Projects, Schedule for Environmental Review, and Request for Comments

Issuing agencies

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 196 (Tuesday, October 13, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 196 (Tuesday, October 13, 2026)]
[Notices]
[Pages 64915-64918]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20882]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2458-273; Project No. 2572-141]


Great Lakes Hydro America, LLC; Notice of Intent To Prepare an 
Environmental Impact Statement for the Penobscot Mills and Ripogenus 
Hydroelectric Projects, Schedule for Environmental Review, and Request 
for Comments

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare a draft and final environmental impact 
statement (EIS) to evaluate potential environmental impacts of the 
continued operation and maintenance of the proposed Penobscot Mills 
Hydroelectric Project (Penobscot Mills Project; FERC No. 2458) and the 
Ripogenus Hydroelectric Project (Ripogenus Project; FERC No. 2572) 
(herein, the projects). The Penobscot Mills Project is located on the 
West Branch of the Penobscot River (West Branch) and Millinocket Stream 
in Piscataquis and Penobscot Counties, Maine. The Ripogenus Project is 
located on the West Branch in Piscataquis and Penobscot Counties, 
Maine.\1\ The Commission will use the EIS in its decision-making 
process in accordance with the National Environmental Policy Act 
(NEPA). The schedule for preparing the EIS is discussed in the Schedule 
for Environmental Review section of this notice.
---------------------------------------------------------------------------

    \1\ For tracking purposes under the National Environmental 
Policy Act, the unique identification number for documents relating 
to this environmental review is EISX-019-20-000-1786716585.
---------------------------------------------------------------------------

    As part of the NEPA review process, the Commission takes into 
account concerns the public may have about proposals and the 
environmental impacts that could result whenever it considers the 
issuance of a license. This gathering of public input is referred to as 
``scoping.'' On August 10, 2021, Commission staff issued Scoping 
Document 1 requesting comments on environmental issues and study needs 
for the proposed projects, initiating the scoping process for the 
projects. Commission staff, in collaboration with the applicant (Great 
Lakes Hydro America, LLC; GLHA), conducted a virtual environmental site 
visit that was open to the public on September 9, 2021, and held two 
virtual public scoping meetings on September 9 and 10, 2021.\2\ A court 
reporter recorded oral comments made during the scoping meetings. On 
November 22, 2021, Commission staff issued a revised scoping document 
(Scoping Document 2) based on the comments received during the scoping 
comment period, which ended October 9, 2021. Scoping Document 2 
described the project, project alternatives, and staff's view, at the 
time, of anticipated environmental effects that would be addressed in 
the EIS.
---------------------------------------------------------------------------

    \2\ Due to concerns with large gatherings related to COVID-19, 
Commission staff did not hold in-person public scoping meetings or 
an in-person environmental site review in September 2021. Staff 
conducted an in-person site visit that was open to the public on May 
5, 2023.
---------------------------------------------------------------------------

    In accordance with the Commission's regulations, on June 29, 2026, 
Commission staff issued notices that the projects were ready for 
environmental analysis and soliciting comments, recommendations, 
preliminary terms and conditions, and preliminary prescriptions (REA 
Notices). The comment period for the REA Notices

[[Page 64916]]

closed on August 28, 2026. Based on the information in the record, 
including comments filed during scoping and in response to the REA 
Notices, staff has determined that licensing the projects may 
constitute a major federal action significantly affecting the quality 
of the human environment. Therefore, staff will prepare a draft and 
final EIS for the proposed Penobscot Mills and Ripogenus projects, 
which will address the concerns raised during prior comment periods and 
comments received in response to this notice.
    By this notice, the Commission requests any additional comments on 
the scope of issues to address in the EIS, including comments on 
potential alternatives and impacts, and any relevant information, 
studies, or analyses of any kind concerning impacts affecting the 
quality of the human environment. If you previously submitted comments 
and recommendations to the Commission, you do not need to file those 
comments and recommendations again. To ensure that your comments are 
timely and properly recorded, please submit your comments so that the 
Commission receives them in Washington, DC by 5:00 p.m. Eastern Time on 
November 6, 2026.

Public Participation

    There are three methods you can use to submit your comments to the 
Commission. The Commission encourages electronic filing of comments and 
has staff available to assist you at (866) 208-3676, or at 
<a href="/cdn-cgi/l/email-protection#bff9dacddcf0d1d3d6d1daeccacfcfd0cdcbffd9dacddc91d8d0c9"><span class="__cf_email__" data-cfemail="fdbb988f9eb29391949398ae888d8d928f89bd9b988f9ed39a928b">[email&#160;protected]</span></a>. Please carefully follow these instructions 
so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment 
feature, which is located on the Commission's website (<a href="http://www.ferc.gov">www.ferc.gov</a>) 
under the link to FERC Online. Using eComment is an easy method for 
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling 
feature, which is located on the Commission's website (<a href="http://www.ferc.gov">www.ferc.gov</a>) 
under the link to FERC Online. With eFiling, you can provide comments 
in a variety of formats by attaching them as a file with your 
submission. New eFiling users must first create an account by clicking 
on ``eRegister.'' You will be asked to select the type of filing you 
are making; a comment on a particular project is considered a ``Comment 
on a Filing;'' or
    (3) You can file a paper copy of your comments by mailing them to 
the Commission. Be sure to reference the projects' docket numbers (P-
2458-273 and/or P-2572-141, as appropriate) on your letter. 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.
    Additionally, the Commission offers a free service called 
eSubscription. This service provides automatic notification of filings 
made to subscribed project dockets, document summaries, and direct 
links to the documents. Go to <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> 
to register for eSubscription.
    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#e3acb3b3a385869180cd848c95"><span class="__cf_email__" data-cfemail="77382727371112051459101801">[email&#160;protected]</span></a>.

Summary of the Penobscot Mills and Ripogenus Projects

    On September 30, 2024, GLHA filed applications for new major 
licenses to continue to operate and maintain the existing 67.9-megawatt 
(MW) Penobscot Mills Project and the existing 37.5-MW Ripogenus 
Project. Neither project occupies federal land.

Existing Project Facilities

Penobscot Mills Project

    The Penobscot Mills Project consists of: (1) four hydropower 
developments (North Twin, Millinocket, Dolby, and East Millinocket; 
located between river mile 15 and river mile 2 on the West Branch) that 
include (a) water retaining features (e.g., dam/spillway, flashboards/
rubber dam, and dikes), (b) water conduits/canals and penstocks, (c) 
intake structures equipped with trash racks, (d) four powerhouses, and 
(e) transmission equipment (e.g., transmission lines); (2) a pool-and-
weir fish passage facility at the North Twin Development; and (3) one 
storage development (Millinocket Lake Storage Development; located on 
Millinocket Stream). The Penobscot Mills Project generates an average 
of 324,346 megawatt-hours of energy annually.\3\
---------------------------------------------------------------------------

    \3\ Average annual generation is estimated from 2014 through 
2023.
---------------------------------------------------------------------------

    The North Twin Development impoundment is at the upstream end of 
the Penobscot Mills Project and receives flow from the Ripogenus 
Project (described below). Releases from the North Twin Development 
pass through three other developments (i.e., Millinocket, Dolby, and 
East Millinocket). The Millinocket Lake Storage Development includes a 
pumping station through which water can be pumped to Ambajejus Lake 
(within the North Twin Development impoundment). Water not pumped to 
Ambajejus Lake is discharged to Millinocket Stream, which enters the 
West Branch at Shad Pond, downstream of the Millinocket Development, 
then passes through the Dolby and East Millinocket Developments. The 
project also includes two battery energy sites that operate as a single 
battery energy storage system to enhance system reliability.

Ripogenus Project

    The Ripogenus Project is located about 21 river miles upstream of 
the Penobscot Mills Project on the West Branch, and consists of: (1) 
the Ripogenus impoundment, which (a) is about 20.8 miles long, (b) has 
a surface area of about 29,270 acres at a normal full pond elevation of 
941.59 feet National Geodetic Vertical Datum of 1929 (NGVD 29), and (c) 
has a usable storage of about 688,705 acre-feet, with a maximum 
drawdown of 44 feet (to elevation 897.59 feet NGVD 29); and (2) 
Umbazooksus Lake, which has a surface area of 1,600 acres. Ripogenus 
dam is 795 feet long and includes two concrete spillway sections, an 
intake section, a gated sluice section, and an earthen section. The 
Ripogenus Project generates an average of 221,341 megawatt-hours of 
energy annually.\4\
---------------------------------------------------------------------------

    \4\ Id.
---------------------------------------------------------------------------

    Water flows from the Ripogenus impoundment through a single intake 
structure, which directs water through a tunnel and penstocks to the 
powerhouse (McKay Station). The powerhouse contains three turbine-
generating units, with a total rated capacity of 37.5 MW. Power 
generated at the project is transmitted to the electric grid via three 
transformers and a 29.4-mile-long transmission line. An additional 
0.75-mile-long transmission line extends from the McKay Substation to 
Ripogenus dam. The project has one battery energy storage site to 
enhance system reliability.

Project Operation

Penobscot Mills Project

    The five developments of the Penobscot Mills Project are operated 
as an integrated system, along with upstream storage projects, 
including the Ripogenus Project, to manage

[[Page 64917]]

downstream water levels and flows. GLHA operates the North Twin 
Development as a store-and-release facility, and uses storage in the 
Millinocket Lake Storage Development impoundment, as necessary, to 
maintain impoundment levels at the North Twin Development. The two 
storage developments (North Twin and Millinocket Lake Storage) are 
located upstream of the run-of-release developments (Millinocket, 
Dolby, and East Millinocket). GLHA releases a minimum flow of 60 cubic 
feet per second (cfs) from the Millinocket Lake Storage impoundment to 
Millinocket Stream from May 1 through October 15, and 60 cfs or inflow, 
whichever is less, from October 16 through April 30. A continuous 
minimum flow of 3,000 cfs is released from August 22 through October 15 
to the West Branch downstream of the North Twin Development when 
impoundment elevation exceeds 488.42 feet NGVD29, otherwise sufficient 
flow is released to meet a 2,000-cfs minimum flow requirement 
downstream of Shad Pond.

Ripogenus Project

    The Ripogenus Project is operated as a store-and-release 
development, with an annual seasonal drawdown that allows for 
management of water levels and flows downstream of the project. GLHA 
releases a seasonal minimum flow of 100 cfs into the dewatered section 
of the West Branch downstream of Ripogenus dam from July 1 through 
September 30, and 12 cfs leakage the remainder of the year, as well as 
seasonally variable flows through the McKay Station generating units to 
protect aquatic habitat and to provide whitewater boating opportunities 
in the West Branch. GLHA also releases 400 cfs from McKay Station to 
the West Branch during outages of the generating units and diverts 35 
to 65 cfs (depending on flow conditions in the West Branch) to the 
Holbrook side channel, seasonally, to enhance aquatic habitat. The 
project provides storage capacity to reduce downstream flooding and 
provide releases during droughts.

Applicant's Proposed Measures

Penobscot Mills Project

    GLHA proposes to continue to operate: (1) the North Twin 
Development for generation and seasonal storage, with target 
impoundment elevations of 490.42 feet NGVD 29 from May 1 through August 
21 and 488.42 feet NGVD 29 from August 22 through October 15, and 
provide flows necessary to meet the 3,000/2,000-cfs flow requirement in 
the West Branch downstream of Shad Pond; (2) the Millinocket Lake 
Storage Development to (a) maintain impoundment elevation between 470 
feet and 480 feet NGVD 29, and (b) provide a minimum flow of 60 cfs, or 
inflow (seasonally), to Millinocket Stream; and (3) the Millinocket, 
Dolby, and East Millinocket Developments as run-of-release facilities. 
GLHA also proposes to: (1) continue to operate and maintain the 
upstream pool-and-weir fish passage structure at North Twin dam; (2) 
post lake level (for North Twin and Millinocket Lake Storage) and 
streamflow information on Brookfield Renewable, N.A.'s SafeWaters 
website; \5\ (3) maintain the 200-foot conservation buffer and 100-foot 
vegetation buffer around the Millinocket Lake Storage, North Twin, 
Millinocket, and Dolby Development impoundments; and (4) maintain 
Umbazooksus Lake as wetland and wildlife habitat. Lastly, GLHA proposes 
to: (1) release a year-round 200-cfs minimum flow from Stone dam at the 
Millinocket Development; (2) provide upstream and downstream American 
eel passage, conduct upstream American eel studies, and develop a 
fishway operation and maintenance plan; (3) provide seasonal whitewater 
boating flows of 600 cfs in Millinocket Stream; and (4) develop an 
updated wildlife management area plan, a recreation plan, a shoreline 
management plan, and a historic properties management plan.
---------------------------------------------------------------------------

    \5\ Brookfield Renewable, N.A. is the parent company of GLHA. 
Lake level and streamflow information is available on Brookfield 
Renewable, N.A.'s SafeWaters website at: <a href="https://www.safewaters.com/list/maine/penobscot">https://www.safewaters.com/list/maine/penobscot</a>.
---------------------------------------------------------------------------

Ripogenus Project

    GLHA proposes to continue operating the Ripogenus Project as a 
store-and-release facility. GLHA would continue to: (1) release flows 
ranging from 12 to 100 cfs from Ripogenus dam to the bypassed reach; 
(2) provide a station outage flow of 400 cfs downstream of McKay 
Station; (3) continue to operate and maintain the Holbrook side channel 
as habitat for Atlantic salmon and brook trout; (4) maintain the 200-
foot conservation buffer and 100-foot vegetation buffer around the 
Ripogenus impoundment; and (5) maintain Umbazooksus Lake as wetland and 
wildlife habitat. GLHA also proposes to: (1) provide a year-round 
minimum flow of 1,700 cfs downstream of McKay Station for aquatic 
habitat; (2) provide seasonally-adjusted flows for whitewater boating; 
(3) fund the installation, operation, and maintenance of a U.S. 
Geological Survey flow gage downstream of McKay Station (near Big 
Eddy); (4) post impoundment level and flow information on Brookfield 
Renewable, N.A.'s SafeWaters website; and (5) develop a recreation 
plan, shoreline management plan, common loon management plan, and 
historic properties management plan.
    The purpose of the projects is to continue to provide a source of 
hydroelectric power for Maine and the Northeast Region. Therefore, 
under the provisions of the Federal Power Act (FPA), the Commission 
must decide whether to issue licenses to GLHA for the projects, and 
what conditions should be placed on any licenses issued.

The NEPA Process and the EIS

    The draft and final EIS issued by the Commission will discuss 
impacts that could occur because of the proposed projects under the 
following relevant general resource areas:
    <bullet> geology and soil resources;
    <bullet> water and aquatic resources;
    <bullet> terrestrial resources;
    <bullet> federally threatened and endangered species;
    <bullet> recreation, land use, and aesthetics;
    <bullet> cultural resources;
    <bullet> socioeconomic resources; and
    <bullet> developmental resources.
    Some of the potential effects include: (1) erosion and 
sedimentation; (2) the timing and magnitude of operational flows in the 
West Branch (including McKay Station outage flows) and Millinocket 
Stream on water quality and aquatic resources, including associated 
effects on (a) littoral and riparian habitat, (b) resident fish, as 
well as aquatic insects and other macroinvertebrates, (c) freshwater 
mussels, (d) migration of American eel and the federally listed 
Atlantic salmon in the Penobscot River Basin; (3) impoundment drawdowns 
and associated effects on (a) littoral habitat and associated aquatic 
communities (e.g., rainbow smelt), (b) landlocked salmon access to 
tributaries for spawning, (c) wetland habitats, and (d) recreation and 
aesthetics; (4) availability of upstream habitat and downstream passage 
survival of American eel; (5) disturbance of suitable habitat for 
special-status wildlife species, including federally listed species; 
(6) spread of non-native, invasive species on native species; (7) 
whitewater boating flows in the West Branch (Upper Gorge and downstream 
from Stone dam) and Millinocket Stream and associated effects on other 
resources (e.g., aquatic habitat and species, angling); (8) recreation 
facility maintenance and access to the project lakes and free-flowing 
reaches of the West Branch and Millinocket Stream for

[[Page 64918]]

recreation and other uses; and (9) cultural resources.
    Commission staff will also make recommendations on how to lessen or 
avoid impacts on the various resource areas. Your comments will help 
staff focus its analysis on the issues that may have a significant 
effect on the human environment.
    The draft and final EIS will present Commission staff's independent 
analysis of the issues. On August 10, 2021, Commission staff issued a 
notice of GLHA's intent to file relicense applications for the 
projects, which also invited agencies wishing to cooperate in the 
preparation of the environmental document. No agencies filed requests 
for cooperating status. A draft EIS will be issued for public comment 
and circulated for review by all interested parties. Staff will 
consider all timely comments received during the comment period on the 
draft EIS and revise the document, as necessary, before issuing a final 
EIS. The draft and final EIS will be available in electronic format in 
the public record through eLibrary.\6\ If eSubscribed, you will receive 
an instant email notification when the environmental document is 
issued.
---------------------------------------------------------------------------

    \6\ For instructions on connecting to eLibrary, refer to the 
Additional Information section of this notice.
---------------------------------------------------------------------------

Alternatives Under Consideration

    As part of our review in the EIS, the Commission will consider a 
range of reasonable alternatives for each project that are technically 
and economically feasible and meet the purpose and need for the 
proposed actions. Alternatives that do not meet these requirements will 
be summarized and dismissed from further consideration in the EIS 
document. In addition to the proposed action, staff will consider a no-
action alternative. We are also considering an alternative to the 
proposed actions that potentially meets the above criteria: GLHA's 
proposed action for each project with staff modifications, including 
any mandatory conditions (i.e., the staff alternative with mandatory 
conditions).
    With this notice, we ask commenters to identify other potential 
reasonable alternatives for consideration. The alternatives considered 
may be expanded based on the comments received, provided they meet the 
criteria described above.

Schedule for Environmental Review

    This Notice of Intent identifies Commission staff's planned 
schedule for completion of the final EIS for the projects, which is 
based on an issuance of a draft EIS in July 2027, opening a 45-day 
public comment period. All comments filed will be reviewed by staff and 
considered in the Commission's final decision on the proceedings.

Issuance of Notice of Availability of the final EIS March 31, 2028

    If a schedule change becomes necessary, an additional notice will 
be provided so that the relevant agencies and interested stakeholders 
are kept informed of the project's progress.

Permits and Authorizations

    The table below lists the anticipated permits and authorizations 
for the projects required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is 
not listed here. Agencies with jurisdiction by law and/or special 
expertise may formally cooperate in the preparation of the Commission's 
EIS and may adopt the EIS to satisfy its NEPA responsibilities related 
to the projects.

------------------------------------------------------------------------
              Agency                       Permit or authorization
------------------------------------------------------------------------
FERC..............................  Non-Federal Hydropower License.
National Marine Fisheries Service.  Authority to Prescribe Fishways
                                     under Section 18 of the FPA
                                     Consultation under Section 7 of the
                                     Endangered Species Act.
U.S. Fish and Wildlife Service....  Consultation under Section 7 of the
                                     Endangered Species Act.
Maine State Historic Preservation   Consultation under Section 106 of
 Office.                             the National Historic Preservation
                                     Act.
Maine Department of Environmental   Clean Water Act Section 401 Water
 Protection.                         Quality Certification.
------------------------------------------------------------------------

Additional Information

    Additional information about the projects is available on the FERC 
website at <a href="http://www.ferc.gov">www.ferc.gov</a>, using the eLibrary link. Click on the eLibrary 
link, click on ``General Search'' and enter the Docket No. P-2458 or P-
2572, as appropriate, in the ``Docket Number'' field. Be sure you have 
selected an appropriate date range. For assistance, please contact FERC 
Online Support at <a href="/cdn-cgi/l/email-protection#eaac8f9889a5848683848fb99f9a9a85989eaa8c8f9889c48d859c"><span class="__cf_email__" data-cfemail="7b3d1e091834151712151e280e0b0b14090f3b1d1e0918551c140d">[email&#160;protected]</span></a>, or (866) 208-3676 (toll 
free), or (202) 502-8659 (TTY).
    Any questions regarding this notice may be directed to Kristine 
Sillett, the FERC relicensing coordinator for the Penobscot Mills and 
Ripogenus Projects, at (202) 502-6575, or <a href="/cdn-cgi/l/email-protection#412a33283235282f246f32282d2d24353501272433226f262e37"><span class="__cf_email__" data-cfemail="4229302b31362b2c276c312b2e2e27363602242730216c252d34">[email&#160;protected]</span></a>.

(Authority: 18 CFR 2.1)

    Dated: October 7, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-20882 Filed 10-9-26; 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>