New England Hydropower Company, LLC; Notice of Application Tendered for Filing With the Commission, Accepted for Filing, Ready for Environmental Analysis, and Soliciting Motions To Intervene and Protests, Comments, Terms and Conditions, Recommendations, and Prescriptions, 24126-24127 [2019-10883]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Pages 24126-24127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10883]



[[Page 24126]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14634-002]


New England Hydropower Company, LLC; Notice of Application 
Tendered for Filing With the Commission, Accepted for Filing, Ready for 
Environmental Analysis, and Soliciting Motions To Intervene and 
Protests, Comments, Terms and Conditions, Recommendations, and 
Prescriptions

May 17, 2019.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Minor License.
    b. Project No.: 14634-002.
    c. Date filed: May 6, 2019.
    d. Applicant: New England Hydropower Company, LLC (NEHC).
    e. Name of Project: Ashton Dam Hydroelectric Project (Ashton 
Project).
    f. Location: On the Blackstone River, near the Towns of Cumberland 
and Lincoln, Providence County, Rhode Island. No federal or tribal 
lands would be occupied by project works or located within the project 
boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mr. Michael C. Kerr, 100 Cummings Center, 
Suite 451C, Beverly, MA 01915; phone (978) 360-2547 or email at 
[email protected].
    i. FERC Contact: Patrick Crile, (202) 502-8042 or 
[email protected].
    j. In response to Commission staff's March 7, 2019 letter rejecting 
NEHC's October 1, 2018 application for a small hydropower exemption 
from licensing for the Ashton Dam Project No. 14634-001, NEHC informed 
the Commission on March 19, 2019 of its intent to convert its exemption 
application to a license application. Pursuant to Commission staff's 
March 7, 2019 letter, NEHC submitted additional information necessary 
to augment the exemption application and convert it to a license 
application, including information filed on April 26, 2019, May 2, 
2019, and May 6, 2019 in Docket Number P-14634-002.
    k. As proposed, the Ashton Project would consist of: (1) An 
existing concrete gravity dam that includes: (a) An approximately 193-
foot-long western spillway section; (b) an approximately 57-foot-long 
middle spillway section with a crest gate proposed to be repaired; and 
(c) a proposed new 58-foot-long eastern section with three proposed 12-
foot-wide, 8.8-foot-high steel sluice gates; (2) an existing 25-acre 
impoundment with a normal storage capacity of 200 acre-feet at an 
operating elevation of approximately 73.6 feet North American Vertical 
Datum of 1988; (3) a new 58-foot-wide intake canal; (4) a 39-foot-wide, 
11-foot-high steel trashrack with 9-inch clear bar spacing; (5) a new 
30-foot-long, 49-foot-wide, 14-foot-high concrete penstock; (6) a new 
53-foot-long, 24-foot-wide, 18-foot-high concrete powerhouse containing 
three new 20.4-foot-long, 13.5-foot-diameter Archimedes Screw turbine-
generator units, with a total installed capacity of 507 kilowatts, each 
contained in a new 15-foot-wide steel trough; (7) a new 120-foot-long 
tailrace; (8) a new step-up transformer and 800-foot-long above-ground 
transmission line connecting the project to the distribution system 
owned by Narragansett Electric Company; (9) a new access road; and (10) 
appurtenant facilities.
    NEHC proposes to operate the project in a run-of-river mode with an 
estimated annual energy production of approximately 2,130 megawatt-
hours.
    l. A copy of the license application is available for review at the 
Commission in the Public Reference Room or may be viewed on the 
Commission's website (https://www.ferc.gov), using the ``eLibrary'' 
link. Enter the docket number, excluding the last three digits in the 
docket number field to access the document (P-14634). For assistance, 
contact FERC Online Support at [email protected], toll free at 
1-866-208-3676, or TTY at (202) 502-8659. A copy is also available for 
inspection and reproduction at the Cumberland Town Hall, 45 Broad 
Street, Cumberland, RI 02864.
    You may also register online at https://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    m. The license application has been accepted for filing and is now 
ready for environmental analysis.
    n. Cooperating agencies: Federal, state, local, and tribal agencies 
with jurisdiction and/or special expertise with respect to 
environmental issues that wish to cooperate in the preparation of the 
environmental document should follow the instructions for filing such 
requests described in item o below. Cooperating agencies should note 
the Commission's policy that agencies that cooperate in the preparation 
of the environmental document cannot also intervene. See 94 FERC ] 
61,076 (2001).
    o. Deadline for filing requests for cooperating agency status, 
motions to intervene, protests, comments, terms and conditions, 
recommendations, and prescriptions: 60 days from the issuance date of 
this notice; reply comments are due 105 days from the issuance date of 
this notice.
    The Commission strongly encourages electronic filing. Please file 
requests for cooperating agency status, motions to intervene, and 
protests, comments, terms and conditions, recommendations, and 
prescriptions using the Commission's eFiling system at https://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief 
comments up to 6,000 characters, without prior registration, using the 
eComment system at https://www.ferc.gov/docs-filing/ecomment.asp. You 
must include your name and contact information at the end of your 
comments. For assistance, please contact FERC Online Support. In lieu 
of electronic filing, please send a paper copy to: Secretary, Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426. The first page of any filing should include docket number P-
14634-002.
    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.
    p. Any qualified applicant desiring to file a competing application 
must submit to the Commission, on or before the specified intervention 
deadline date, a competing development application, or a notice of 
intent to file such an application. Submission of a timely notice of 
intent allows an interested person to file the competing development 
application no later than 120 days after the specified intervention 
deadline date. Applications for preliminary permits will not be 
accepted in response to this notice.
    A notice of intent must specify the exact name, business address, 
and telephone number of the prospective applicant, and must include an 
unequivocal statement of intent to submit a development application. A 
notice of intent must be served on the applicant named in this public 
notice.
    Anyone may submit comments, a protest, or a motion to intervene in 
accordance with the requirements of Rules of Practice and Procedure, 18 
CFR

[[Page 24127]]

385.210, .211, .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,'' ``NOTICE OF INTENT TO FILE 
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``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; (3) furnish the name, address, and telephone number 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 in the service list prepared by the Commission in this 
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    q. Waiver of Pre-filing Consultation: Based on a review of the 
application, resource agency consultation letters, and comments filed 
to date, we accept the consultation that has occurred on this project 
as satisfying our requirements for the standard 3-stage consultation 
process under 18 CFR 4.38, and are waiving the requirement to conduct 
second stage consultation pursuant to section 4.38(c)(4) of the 
regulations, as requested by NEHC.
    r. Waiver of Additional Study Requests: On October 11, 2018, 
Commission staff provided public notice of NEHC's exemption application 
for the Ashton Project and solicited additional study requests from 
resource agencies, Indian Tribes, and the public pursuant to section 
4.32(b)(7) of the Commission's regulations. No study requests were 
filed in response to Commission staff's notice, and the additional 
information filed by NEHC to convert the exemption application to a 
license application does not materially change NEHC's proposed project. 
Accordingly, there is no indication that additional studies are needed 
to form an adequate factual basis for an analysis of the application. 
Therefore, the opportunity to submit additional study requests for the 
project pursuant to section 4.32(b)(7) of the Commission's regulations 
is waived.
    s. Based on the presence of an existing dam, the applicant's 
coordination with federal and state agencies during the preparation of 
the application, and studies completed during pre-filing consultation, 
we accept the consultation that has occurred on this project during the 
pre-filing period as satisfying National Environmental Policy Act 
(NEPA) scoping. Based on a review of the application, resource agency 
consultation letters, and comments filed to date, Commission staff 
intends to prepare a single environmental assessment (EA) for the 
proposed project. Commission staff determined that the issues that need 
to be addressed in its EA have been adequately identified during the 
pre-filing period, which included a public meeting, and no new issues 
are likely to be identified through additional scoping. The EA will 
consider assessing the potential effects of project construction and 
operation on geology and soils, aquatic, terrestrial, threatened and 
endangered species, recreation and land use, and cultural and historic 
resources.
    t. With this notice, we are initiating informal consultation with 
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7 
of the Endangered Species Act and the joint agency regulations 
thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b) 
of the Magnuson-Stevens Fishery Conservation and Management Act and 
implementing regulations at 50 CFR 600.920. We are also initiating 
consultation with the Rhode Island State Historic Preservation Officer, 
as required by section 106 of the National Historic Preservation Act, 
and the implementing regulations of the Advisory Council on Historic 
Preservation at 36 CFR 800.2.
    u. The license applicant must file no later than 60 days following 
the date of issuance of this notice: (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.
    v. Procedural Schedule and Final Amendments: The application will 
be processed according to the following preliminary schedule. Revisions 
to the schedule will be made as appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Filing of interventions, protests,          July 2019.
 comments, recommendations, terms and
 conditions, and fishway prescriptions.
Commission issues Environmental Assessment  December 2019.
------------------------------------------------------------------------

    Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.

    Dated: May 17, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-10883 Filed 5-23-19; 8:45 am]
 BILLING CODE 6717-01-P