Appalachian Power Company; 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, 9274-9275 [2023-03010]

Download as PDF 9274 Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Notices DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2466–037] khammond on DSKJM1Z7X2PROD with NOTICES Appalachian Power Company; 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 with the Commission and is available for public inspection. a. Type of Application: New Major License. b. Project No.: 2466–037. c. Date Filed: February 28, 2022. d. Applicant: Appalachian Power Company (Appalachian). e. Name of Project: Niagara Hydroelectric Project (Niagara Project). f. Location: The project is located on the Roanoke River, in Roanoke County, Virginia. The project occupies 0.9 acre of federal land managed by the National Park Service. g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)–825(r). h. Applicant Contact: Mr. Jonathan Magalski, Environmental Supervisor, Renewables, American Electric Power Service Corporation c/o Appalachian Power Company, 1 Riverside Plaza, Columbus, OH 43215; Phone at (614) 716–2240 or email at jmmagalski@ aep.com. i. FERC Contact: Laurie Bauer at (202) 502–6519, or laurie.bauer@ferc.gov. j. Deadline for filing motions to intervene and protests, comments, recommendations, preliminary terms and conditions, and preliminary 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 motions to intervene, protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway 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 at FERCOnlineSupport@ferc.gov, (866) VerDate Sep<11>2014 17:10 Feb 10, 2023 Jkt 259001 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: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. All filings must clearly identify the project name and docket number on the first page: Niagara Hydroelectric Project (P–2466– 037). 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. The Council on Environmental Quality (CEQ) issued a final rule on April 20, 2022, revising the regulations under 40 CFR parts 1502, 1507, and 1508 that federal agencies use to implement the National Environmental Policy Act (NEPA) (see National Environmental Policy Act Implementing Regulations Revisions, 87 FR 23453–70). The final rule became effective on May 20, 2022. Commission staff intends to conduct its NEPA review in accordance with CEQ’s new regulations. l. The existing Niagara Project consists of: (1) a 52-foot-high, 462-footlong concrete dam, inclusive of the right non-overflow abutment (70 feet long) and main spillway (392 feet long) with a crest elevation of 885 feet; 1 (2) a 62acre impoundment with a gross storage capacity of 425 acre-feet at the normal pool elevation of 884.4 feet; (3) an 11foot-diameter, 500-foot-long corrugated metal pipe penstock with associated entrance and discharge structures; (4) a 1,500-foot-long bypassed reach; (5) a 92foot-long, 58-foot-wide, 42-foot-high concrete powerhouse containing two generating units with a total authorized installed capacity of 2.4 megawatts (MW); (6) a 103-foot-long auxiliary spillway with a crest elevation of 886 feet located downstream of the upstream intake; (7) transmission facilities 1 All elevations are in National Geodetic Vertical Datum of 1929. PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 consisting of 50-foot-long, 2.4-kilovolt (kV) generator leads and a 3-phase, 2.4/ 12-kV, 2,500-kilovolt ampere (kVA) step-up transformer; and (8) appurtenant facilities. The Niagara Project operates in a runof-river (ROR) mode under all flow conditions, where outflow approximates inflow, with an average annual generation of 8,557 megawatt-hours between 2018 and 2021. The project is operated to maintain the impoundment at or near elevation 884.4 feet, which is 0.6 foot below the crest of the main spillway. During extreme flow conditions, such as rapidly changing inflows, Appalachian operates the project with a minimum impoundment elevation of 883.4 feet. Appalachian provides a minimum flow of 50 cubic feet per second (cfs), or inflow to the impoundment, whichever is less, below the project as measured at the U.S. Geological Survey gage located approximately 200 feet downstream of the powerhouse. When the project is not generating, this flow is provided over the spillway. Appalachian also provides a year-round minimum flow of 8 cfs into the bypassed reach through the sluice gate or over the spillway. Appalachian proposes to continue operating the project in a ROR mode and to increase the existing minimum flow provided to the bypassed reach from 8 cfs to 30 cfs to protect water quality and aquatic resources in the bypassed reach. m. A copy of the application may be viewed on the Commission’s website at 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. For assistance, contact FERC Online Support. At this time, the Commission has suspended access to the Commission’s Public Reference Room, due to the proclamation declaring a National Emergency concerning the Novel Coronavirus Disease (COVID–19), issued by the President on March 13, 2020. For assistance, contact FERC at FERCOnllineSupport@ferc.gov or call toll-free, (886) 208–3676 or TTY, (202) 502–8659. 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. 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 E:\FR\FM\13FEN1.SGM 13FEN1 Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Notices 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, 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. o. Procedural Schedule: The application will be processed according to the following schedule. Revisions to the schedule may be made as appropriate. Milestone khammond on DSKJM1Z7X2PROD with NOTICES Filing of Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions. Filing of Reply Comments ........ Target date April 2023. May 2023. p. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of this notice. q. The 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 VerDate Sep<11>2014 17:10 Feb 10, 2023 Jkt 259001 certification. Please note that the certification request must comply with 40 CFR 121.5(b), including documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Please also note that the certification request must be sent to the certifying authority and to the Commission concurrently. Dated: February 7, 2023. Kimberly D. Bose, Secretary. [FR Doc. 2023–03010 Filed 2–10–23; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY 9275 platform. Members of the public who wish to participate should register by contacting the Designated Federal Officer (DFO) at LGAC@epa.gov by January 12, 2023. The agenda and other supportive meeting materials will be available online at https://www.epa.gov/ ocir/local-government-advisorycommittee-lgac and will be emailed to all registered. In the event of cancellation for unforeseen circumstances, please contact the DFO or check the website above for reschedule information. Dated: February 6, 2023. Paige Lieberman, Designated Federal Officer, U.S. Environmental Protection Agency. [FR Doc. 2023–03034 Filed 2–10–23; 8:45 am] BILLING CODE 6560–50–P [FRL–10659–01–OA] ENVIRONMENTAL PROTECTION AGENCY Local Government Advisory Committee (LGAC) Meeting Environmental Protection Agency (EPA). ACTION: Notification of public meeting. AGENCY: Pursuant to the Federal Advisory Committee Act (FACA), EPA hereby provides notice of a meeting for the Local Government Advisory Committee (LGAC) on the date and time described below. This meeting will be open to the public. For information on public attendance and participation, please see the registration information under SUPPLEMENTARY INFORMATION. DATES: The LGAC will meet virtually March 10th, 2023, from 11:00 a.m. through 2:00 p.m. Eastern Standard Time. FOR FURTHER INFORMATION CONTACT: Paige Lieberman, Designated Federal Officer (DFO), at LGAC@epa.gov or 202– 564–9957. Information on Accessibility: For information on access or services for individuals requiring accessibility accommodations, please contact Paige Lieberman by email at LGAC@epa.gov. To request accommodation, please do so five (5) business days prior to the meeting, to give EPA as much time as possible to process your request. SUPPLEMENTARY INFORMATION: SUMMARY: Content The LGAC will hear from EPA leadership regarding several new proposed charges. Details on the charges will be posted online (link below) one week prior to the meeting. Registration The meeting will be held virtually through an online audio and video PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 [FRL–10640–01–OA] Notification of Public Meetings of the Clean Air Scientific Advisory Committee Ozone Panel Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The EPA Science Advisory Board (SAB) Staff Office announces two public meetings of the Clean Air Scientific Advisory Committee (CASAC) Ozone Panel. A public meeting will be held for the CASAC Ozone Panel to receive a briefing from EPA on the Policy Assessment (PA) for the Reconsideration of the Ozone National Ambient Air Quality Standards, External Review Draft Version 2. A second public meeting will be held for the panel to peer review the PA. DATES: The briefing from EPA will be held on March 2, 2023, from 11 a.m. to 3 p.m. The public meeting for the panel to peer review the PA will be held on Wednesday, March 29, 2023, from 8 a.m. to 5 p.m. and Thursday, March 30, 2023, from 8 a.m. to 5 p.m. All times listed are in Eastern Time. ADDRESSES: The briefing on March 2, 2023, will be conducted virtually. Please refer to the CASAC website at https://casac.epa.gov for information on how to attend the meeting. The public meeting on March 29, 2023, and March 30, 2023 will be conducted in person at the Hilton Durham near Duke University, 3800 Hillsborough Rd., Durham, NC 27705, and virtually. Please refer to the CASAC website at https://casac.epa.gov for details on how to access the meetings. SUMMARY: E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9274-9275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03010]



[[Page 9274]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2466-037]


Appalachian Power Company; 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 with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2466-037.
    c. Date Filed: February 28, 2022.
    d. Applicant: Appalachian Power Company (Appalachian).
    e. Name of Project: Niagara Hydroelectric Project (Niagara 
Project).
    f. Location: The project is located on the Roanoke River, in 
Roanoke County, Virginia. The project occupies 0.9 acre of federal land 
managed by the National Park Service.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mr. Jonathan Magalski, Environmental 
Supervisor, Renewables, American Electric Power Service Corporation c/o 
Appalachian Power Company, 1 Riverside Plaza, Columbus, OH 43215; Phone 
at (614) 716-2240 or email at [email protected].
    i. FERC Contact: Laurie Bauer at (202) 502-6519, or 
[email protected].
    j. Deadline for filing motions to intervene and protests, comments, 
recommendations, preliminary terms and conditions, and preliminary 
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 
motions to intervene, protests, comments, recommendations, preliminary 
terms and conditions, and preliminary fishway 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 at 
[email protected], (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: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 
First Street NE, Washington, DC 20426. Submissions sent via any other 
carrier must be addressed to: Kimberly D. Bose, Secretary, Federal 
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 
20852. All filings must clearly identify the project name and docket 
number on the first page: Niagara Hydroelectric Project (P-2466-037).
    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.
    The Council on Environmental Quality (CEQ) issued a final rule on 
April 20, 2022, revising the regulations under 40 CFR parts 1502, 1507, 
and 1508 that federal agencies use to implement the National 
Environmental Policy Act (NEPA) (see National Environmental Policy Act 
Implementing Regulations Revisions, 87 FR 23453-70). The final rule 
became effective on May 20, 2022. Commission staff intends to conduct 
its NEPA review in accordance with CEQ's new regulations.
    l. The existing Niagara Project consists of: (1) a 52-foot-high, 
462-foot-long concrete dam, inclusive of the right non-overflow 
abutment (70 feet long) and main spillway (392 feet long) with a crest 
elevation of 885 feet; \1\ (2) a 62-acre impoundment with a gross 
storage capacity of 425 acre-feet at the normal pool elevation of 884.4 
feet; (3) an 11-foot-diameter, 500-foot-long corrugated metal pipe 
penstock with associated entrance and discharge structures; (4) a 
1,500-foot-long bypassed reach; (5) a 92-foot-long, 58-foot-wide, 42-
foot-high concrete powerhouse containing two generating units with a 
total authorized installed capacity of 2.4 megawatts (MW); (6) a 103-
foot-long auxiliary spillway with a crest elevation of 886 feet located 
downstream of the upstream intake; (7) transmission facilities 
consisting of 50-foot-long, 2.4-kilovolt (kV) generator leads and a 3-
phase, 2.4/12-kV, 2,500-kilovolt ampere (kVA) step-up transformer; and 
(8) appurtenant facilities.
---------------------------------------------------------------------------

    \1\ All elevations are in National Geodetic Vertical Datum of 
1929.
---------------------------------------------------------------------------

    The Niagara Project operates in a run-of-river (ROR) mode under all 
flow conditions, where outflow approximates inflow, with an average 
annual generation of 8,557 megawatt-hours between 2018 and 2021. The 
project is operated to maintain the impoundment at or near elevation 
884.4 feet, which is 0.6 foot below the crest of the main spillway. 
During extreme flow conditions, such as rapidly changing inflows, 
Appalachian operates the project with a minimum impoundment elevation 
of 883.4 feet. Appalachian provides a minimum flow of 50 cubic feet per 
second (cfs), or inflow to the impoundment, whichever is less, below 
the project as measured at the U.S. Geological Survey gage located 
approximately 200 feet downstream of the powerhouse. When the project 
is not generating, this flow is provided over the spillway. Appalachian 
also provides a year-round minimum flow of 8 cfs into the bypassed 
reach through the sluice gate or over the spillway.
    Appalachian proposes to continue operating the project in a ROR 
mode and to increase the existing minimum flow provided to the bypassed 
reach from 8 cfs to 30 cfs to protect water quality and aquatic 
resources in the bypassed reach.
    m. A copy of the application may be viewed on the Commission's 
website at 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. For assistance, contact FERC Online 
Support. At this time, the Commission has suspended access to the 
Commission's Public Reference Room, due to the proclamation declaring a 
National Emergency concerning the Novel Coronavirus Disease (COVID-19), 
issued by the President on March 13, 2020. For assistance, contact FERC 
at [email protected] or call toll-free, (886) 208-3676 or 
TTY, (202) 502-8659.
    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.
    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

[[Page 9275]]

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, 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.
    o. Procedural Schedule:
    The application will be processed according to the following 
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Filing of Comments, Recommendations,        April 2023.
 Preliminary Terms and Conditions, and
 Preliminary Fishway Prescriptions.
Filing of Reply Comments..................  May 2023.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.
    q. The 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. Please note 
that the certification request must comply with 40 CFR 121.5(b), 
including documentation that a pre-filing meeting request was submitted 
to the certifying authority at least 30 days prior to submitting the 
certification request. Please also note that the certification request 
must be sent to the certifying authority and to the Commission 
concurrently.

    Dated: February 7, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-03010 Filed 2-10-23; 8:45 am]
BILLING CODE 6717-01-P
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