York Haven Power Company, LLC; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests, 24408 [2023-08323]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Page 24408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08323]



[[Page 24408]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1888-043]


York Haven Power Company, 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: Application for Non-Capacity Amendment of 
License.
    b. Project No: 1888-043.
    c. Date Filed: January 26, 2023.
    d. Applicant: York Haven Power Company, LLC (licensee).
    e. Name of Project: York Haven Hydroelectric Project.
    f. Location: The project is located on the Susquehanna River in 
Lancaster and York counties, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Jody Smet, Eagle Creek Renewable Energy, LLC; 
7315 Wisconsin Avenue, Suite 1100W, Bethesda, MD 20814; Phone: (804) 
739-0654.
    i. FERC Contact: Joy Kurtz, (202) 502-6760, [email protected].
    j. Deadline for filing comments, motions to intervene, and 
protests: May 13, 2023.
    The Commission strongly encourages electronic filing. Please file 
comments, motions to intervene, and protests 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, Room 1A, 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. The first page of any filing should 
include the docket number P-1888-043. 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.
    k. Description of Request: The licensee requests the Commission 
amend its project license to reflect a change in the design of the 
nature-like fishway (NLF) required by Article 401 of the project 
license, Pennsylvania Department of Environmental Protection's 
(Pennsylvania DEP) Water Quality Certificate (WQC) and U.S. Fish and 
Wildlife Service's (FWS) fishway prescription. These conditions require 
the construction and operation of a NLF based on design criteria and 
other specifications articulated in the project's 2014 Settlement 
Agreement. Following significant design challenges with the NLF and 
subsequent dispute-resolution efforts undertaken by the parties to the 
Settlement Agreement, the Settlement Agreement was amended to reflect 
the design change from an in-river NLF to an inland bypass NLF. In 
order to ensure consistency between the Settlement Agreement and the 
project license, the licensee is seeking Commission approval to amend 
the project license to reflect an inland bypass NLF rather than an in-
river NLF, including the portion of Article 401(a) that identifies the 
deadline in which the NLF must be operational, and deadlines in which 
the licensee must file the plans and specifications, as well as a 
monitoring plan for the NLF for Commission approval. Finally, the 
licensee has filed requests with the Pennsylvania DEP and FWS to amend 
the WQC and fishway prescription, respectively, to reflect the terms of 
the amended to the Settlement Agreement. Once those documents are 
amended, the licensee requests they be incorporated into the project 
license.
    l. Location of the Application: The Commission provides all 
interested persons an opportunity to view and/or print the contents of 
this document via the internet through the Commission's website at 
https://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number 
excluding the last three digits in the docket number field to access 
the document. 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. Agencies may 
obtain copies of the application directly from the applicant. 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 the Federal Energy 
Regulatory Commission at [email protected] or call toll free, 
(866) 208-3676 or TTY, (202) 502-8659.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. 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.
    o. 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.

    Dated: April 13, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-08323 Filed 4-19-23; 8:45 am]
BILLING CODE 6717-01-P