Lake Lynn Generation, LLC; Notice of Scoping Meetings and Environmental Site Review, and Soliciting Scoping Comments, 59892-59894 [2023-18751]
Download as PDF
lotter on DSK11XQN23PROD with NOTICES1
59892
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
installation of turbine air ducting and
exhaust, main gas and utility piping to
the turbines and ancillary equipment,
installation of electrical panels and
terminations, and site development.
Texas Eastern explains that its
original construction schedule
contemplated construction activities
commencing in August 2021, running
for approximately 16 months, and
included construction windows based
on meeting customer firm service
requirements during peak demand
season. Texas Eastern began
construction in October 2021 shortly
after receiving the Certificate Order,
however, modifications to the schedule
and construction phases were required
to meet Texas Eastern’s obligations for
the upcoming winter heating season,
resulting in a 24-month construction
timeline. To avoid service disruption
during the winter heating season, Texas
Eastern states it planned for
construction activities not to occur
during the winter when there is a high
demand for gas. Accordingly, the
remaining Project activities are
scheduled to be completed before the
start of the 2023–2024 winter heating
season. Texas Eastern avers its request
for a three-month extension is
consistent with Commission precedent
and will not result in any additional
environmental impacts not already
examined on the record.
This notice establishes a 15-calendar
day intervention and comment period
deadline. Any person wishing to
comment on Texas Eastern’s request for
an extension of time may do so. No
reply comments or answers will be
considered. If you wish to obtain legal
status by becoming a party to the
proceedings for this request, you
should, on or before the comment date
stated below, file a motion to intervene
in accordance with the requirements of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.214 or 385.211)
and the Regulations under the NGA (18
CFR 157.10).
As a matter of practice, the
Commission itself generally acts on
requests for extensions of time to
complete construction for NGA facilities
when such requests are contested before
order issuance. For those extension
requests that are contested,2 the
Commission will aim to issue an order
acting on the request within 45 days.3
The Commission will address all
arguments relating to whether the
2 Contested proceedings are those where an
intervenor disputes any material issue of the filing.
18 CFR 385.2201(c)(1) (2022).
3 Algonquin Gas Transmission, LLC, 170 FERC
¶ 61,144, at P 40 (2020).
VerDate Sep<11>2014
17:31 Aug 29, 2023
Jkt 259001
applicant has demonstrated there is
good cause to grant the extension.4 The
Commission will not consider
arguments that re-litigate the issuance of
the certificate order, including whether
the Commission properly found the
project to be in the public convenience
and necessity and whether the
Commission’s environmental analysis
for the certificate complied with the
National Environmental Policy Act
(NEPA).5 At the time a pipeline requests
an extension of time, orders on
certificates of public convenience and
necessity are final and the Commission
will not re-litigate their issuance.6 The
Director of the Office of Energy Projects,
or his or her designee, will act on all of
those extension requests that are
uncontested.
In addition to publishing the full text
of this document in the Federal
Register, 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 Home Page (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. At this
time, the Commission has suspended
access to the Commission’s Public
Reference Room. For assistance, contact
FERC at FERCOnlineSupport@ferc.gov
or call toll-free, (886) 208–3676 or TTY,
(202) 502–8659.
The Commission strongly encourages
electronic filings of comments in lieu of
paper using the ‘‘eFile’’ link at https://
www.ferc.gov. 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 Commission’s Office of Public
Participation (OPP) supports meaningful
public engagement and participation in
Commission proceedings. OPP can help
members of the public, including
landowners, environmental justice
communities, Tribal members and
others, access publicly available
4 Id.
at P 40.
the Commission will not re-litigate
the issuance of an NGA section 3 authorization,
including whether a proposed project is not
inconsistent with the public interest and whether
the Commission’s environmental analysis for the
permit order complied with NEPA.
6 Algonquin Gas Transmission, LLC, 170 FERC
¶ 61,144, at P 40 (2020).
5 Similarly,
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
information and navigate Commission
processes. For public inquiries and
assistance with making filings such as
interventions, comments, or requests for
rehearing, the public is encouraged to
contact OPP at (202) 502–6595 or OPP@
ferc.gov.
Comment Date: 5:00 p.m. Eastern
Time on September 8, 2023.
Dated: August 24, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023–18743 Filed 8–29–23; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 2459–279]
Lake Lynn Generation, LLC; Notice of
Scoping Meetings and Environmental
Site Review, and Soliciting Scoping
Comments
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.: P–2459–279.
c. Date Filed: November 30, 2022.
d. Applicant: Lake Lynn Generation,
LLC.
e. Name of Project: Lake Lynn
Hydroelectric Project.
f. Location: On the Cheat River, near
the City of Morgantown, in Monongalia
County, West Virginia, and near the
Borough of Point Marion, in Fayette
County, Pennsylvania.
g. Filed Pursuant to: Federal Power
Act 16 U.S.C. 791(a)–825(r).
h. Applicant Contact: Ms. Joyce
Foster, Director, Licensing and
Compliance, Lake Lynn Generation,
LLC, 7315 Wisconsin Ave., Suite
1100W, Bethesda, MD 20814; Phone at
(804) 338–5110, or email at
joyce.foster@eaglecreekre.com.
i. FERC Contact: Allan Creamer at
(202) 502–8365, or email at
allan.creamer@ferc.gov.
j. Deadline for filing scoping
comments: October 25, 2023.
The Commission strongly encourages
electronic filing. Please file scoping
comments using the Commission’s
eFiling system at https://
ferconline.ferc.gov/FERCOnline.aspx.
Commenters can submit brief comments
up to 6,000 characters, without prior
registration, using the eComment system
at https://ferconline.ferc.gov/
QuickComment.aspx. You must include
E:\FR\FM\30AUN1.SGM
30AUN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
your name and contact information at
the end of your comments. For
assistance, please contact FERC Online
Support at FERCOnlineSupport@
ferc.gov, 1–866–208–3676 (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, MD 20852.
All filings must clearly identify the
following on the first page: Lake Lynn
Hydroelectric Project No. 2459–279.
The Commission’s Rules of Practice
and Procedure require all interveners
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 intervener
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. The application is not ready for
environmental analysis at this time.
l. Project Description: (1) a 13-milelong, 1,729-acre impoundment (Cheat
Lake or Lake Lynn) with a maximum
storage capacity of 72,300 acre-feet at a
normal water surface elevation of 870
feet National Geodetic Vertical Datum of
1929 (NGVD 29) and a minimum storage
capacity of 51,100 acre-feet at 857 feet
NGVD 29; (2) a 1,000-foot-long, 125foot-high, concrete gravity dam with a
624-foot-long spillway section
controlled by 26, 21-foot-wide by 17foot-high, Tainter gates; (3) a concrete
intake structure equipped with a log
boom and eight trash racks with 4-inch
clear bar spacing; (4) eight 12-foot-wide
by 18-foot-deep gated reinforced
concrete penstocks; (5) a 160-foot-long
by 94.5-foot-wide powerhouse
containing four Francis generating units
with a combined capacity of 51.2
megawatts; and (6) two 800-foot-long
transmission lines that run from the
powerhouse to a substation within the
project boundary.
The Lake Lynn Project is currently
operated as a dispatchable peaking
facility, with storage. The current
license requires Lake Lynn Generation,
LLC to maintain Cheat Lake between
868 feet and 870 feet NGVD 29 from
May 1 through October 31, 857 feet and
870 feet NGVD 29 from November 1
through March 31, and 863 feet and 870
feet NGVD 29 from April 1 through
VerDate Sep<11>2014
17:31 Aug 29, 2023
Jkt 259001
April 30 each year. The current license
also requires Lake Lynn Generation,
LLC to release a downstream minimum
flow of 212 cubic-feet-per-second (cfs),
or inflow, from the dam when not
generating, with an absolute minimum
flow of 100 cfs regardless of inflow,
when not generating. The project
generates about 144,741 megawatt-hours
annually. Lake Lynn Generation, LLC
proposes no modifications to its existing
facilities or operations. Lake Lynn
Generation, LLC proposes new
environmental measures and to remove
approximately 307 acres of land from
the existing project boundary.
m. Copies of the application can be
viewed on the Commission’s website at
https://www.ferc.gov, using the
‘‘eLibrary’’ link. Enter the project’s
docket number, excluding the last three
digits in the docket number field, to
access the document. For assistance,
contact FERC Online Support.
You may also register at https://
ferconline.ferc.gov/FERCOnline.aspx to
be notified via email of new filings and
issuances related to this or other
pending projects. For assistance, please
contact FERC Online Support at
FERCOnlineSupport@ferc.gov.
The Commission’s Office of Public
Participation (OPP) supports meaningful
public engagement and participation in
Commission proceedings. OPP can help
members of the public, including
landowners, environmental justice
communities, Tribal members and
others, access publicly available
information and navigate Commission
processes. For public inquiries and
assistance with making filings such as
interventions, comments, or requests for
rehearing, the public is encouraged to
contact OPP at (202) 502–6595, or at
OPP@ferc.gov.
n. Scoping Process
Pursuant to the National
Environmental Policy Act (NEPA),
Commission staff intends to prepare
either an environmental assessment
(EA) or an environmental impact
statement (EIS) (collectively referred to
as the ‘‘NEPA document’’) that describes
and evaluates the probable effects,
including an assessment of the sitespecific and cumulative effects, if any,
of the proposed action and alternatives.
The Commission’s scoping process will
help determine the required level of
analysis and satisfy the NEPA scoping
requirements, irrespective of whether
the Commission issues an EA or an EIS.
Scoping Meetings
Commission staff will hold two
scoping meetings for the project to
receive input on the scope of the NEPA
document. A daytime meeting will be
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
59893
held at 2:00 p.m. on September 25,
2023, at the Cranberry Hotel in
Morgantown, West Virginia, and will
focus on the concerns of resource
agencies, Native American Tribes, and
non-governmental organizations
(NGOs). An evening meeting will be
held at 6:00 p.m. on September 25,
2023, at the same location, and will
focus on receiving input from the
public. We invite all interested agencies,
Native American Tribes, NGOs, and
individuals to attend one or both of
these meetings. The times and locations
of these meetings are as follows:
Daytime Scoping Meeting
Date: Monday, September 25, 2023
Time: 2:00 p.m. (EDT)
Place: Cranberry Hotel
Address: 2700 Cranberry Square,
Morgantown, WV 26508
Evening Scoping Meeting
Date: Monday, September 25, 2023
Time: 6:00 p.m. (EDT)
Place: Cranberry Hotel
Address: 2700 Cranberry Square,
Morgantown, WV 26508
Copies of the Scoping Document
(SD1) outlining the subject areas to be
addressed in the NEPA document were
distributed to the parties on the
Commission’s mailing list and Lake
Lynn Generation LLC’s distribution list.
Copies of the SD1 will be available at
the scoping meeting or may be viewed
on the web at https://www.ferc.gov, using
the ‘‘eLibrary’’ link (see item m above).
Environmental Site Review
The applicant and Commission staff
will conduct an environmental site
review of the project on September 26,
2023, beginning at 9:30 a.m. All
interested agencies, Native American
Tribes, NGOs, and individuals are
invited to attend. All participants are
responsible for their own transportation
to the site and during the environmental
site review. Please RSVP via email to
joyce.foster@eaglecreekre.com, or notify
Joyce Foster at (804) 338–5110 on or
before September 19, 2023, if you plan
to attend the environmental site review.
The time and location of the
environmental site review are as
follows:
Lake Lynn Hydroelectric Project
Date: Tuesday, September 26, 2023
Time: 9:30 a.m. (EDT)
Place: Tailwater Fishing Access parking
area
Address: Lake Lynn Project
Powerhouse, 600 Lake Lynn Road,
Lake Lynn, PA 15451
All persons attending the
environmental site review must adhere
E:\FR\FM\30AUN1.SGM
30AUN1
59894
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
to the following requirements: (1) all
persons must wear sturdy, closed-toe
shoes or boots; (2) persons with opentoed shoes/sandals/flip flops/high heels,
etc. will not be allowed on the
environmental site review; (3) persons
must be 18 years or older, or be
accompanied by an adult; (4) no
photography will be allowed inside the
powerhouse; (5) no weapons are
allowed on-site; (6) no alcohol/drugs are
allowed on-site (or persons exhibiting
the effects thereof); and (7) no animals
(except for service animals) are allowed
on the environmental site review.
Objectives
At the scoping meetings, Commission
staff will: (1) summarize the
environmental issues tentatively
identified for analysis in the NEPA
document; (2) solicit from the meeting
participants all available information,
especially quantifiable data, on the
resources at issue; (3) encourage
statements from experts and the public
on issues that should be analyzed in the
NEPA document, including viewpoints
in opposition to, or in support of, the
staff’s preliminary views; (4) determine
the resource issues to be addressed in
the NEPA document; and (5) identify
those issues that require a detailed
analysis, as well as those issues that do
not require a detailed analysis.
Procedures
The meetings will be recorded by a
court reporter and become part of the
Commission’s formal record on the
project. Agencies, Native American
Tribes, NGOs, and individuals with
environmental expertise and concerns
are encouraged to attend the meetings
and to assist the staff in defining and
clarifying the issues to be addressed in
the NEPA document.
Dated: August 24, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023–18751 Filed 8–29–23; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 6717–01–P
VerDate Sep<11>2014
17:31 Aug 29, 2023
Jkt 259001
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. ER02–2001–020, ER20–2726–
001, ER20–2694–000]
Before Commissioners: Willie L.
Phillips, Acting Chairman, James P.
Danly, Allison Clements, and Mark C.
Christie; Electric Quarterly Reports;
Grand Energy, LLC, Icon Energy LLC;
Order on Intent To Revoke MarketBased Rate Authority
1. Section 205 of the Federal Power
Act (FPA), 16 U.S.C. 824d, and 18 CFR
part 35 (2022), require, among other
things, that all rates, terms, and
conditions for jurisdictional services be
filed with the Commission. In Order No.
2001, the Commission revised its public
utility filing requirements and
established a requirement for public
utilities, including power marketers, to
file Electric Quarterly Reports.1
2. The Commission requires sellers
with market-based rate authorization to
file Electric Quarterly Reports
summarizing contractual and
transaction information related to their
market-based power sales as a condition
for retaining that authorization.2
Commission staff’s review of the
Electric Quarterly Reports indicates that
the following two public utilities with
market-based rate authorization have
failed to file their Electric Quarterly
Reports: Grand Energy, LLC and Icon
1 Revised Pub. Util. Filing Requirements, Order
No. 2001, 99 FERC ¶ 61,107, reh’g denied, Order
No. 2001–A, 100 FERC ¶ 61,074, reh’g denied,
Order No. 2001–B, 100 FERC ¶ 61,342, order
directing filing, Order No. 2001–C, 101 FERC
¶ 61,314 (2002), order directing filing, Order No.
2001–D, 102 FERC ¶ 61,334, order refining filing
requirements, Order No. 2001–E, 105 FERC ¶ 61,352
(2003), order on clarification, Order No. 2001–F,
106 FERC ¶ 61,060 (2004), order revising filing
requirements, Order No. 2001–G, 120 FERC
¶ 61,270, order on reh’g and clarification, Order No.
2001–H, 121 FERC ¶ 61,289 (2007), order revising
filing requirements, Order No. 2001–I, 125 FERC
¶ 61,003 ¶ 31,282 (2008). See also Filing
Requirements for Elec. Util. Serv. Agreements, 155
FERC ¶ 61,280, order on reh’g and clarification, 157
FERC ¶ 61,180 (2016) (clarifying Electric Quarterly
Reports reporting requirements and updating Data
Dictionary).
2 See Refinements to Policies & Procedures for
Mkt.-Based Rates for Wholesale Sales of Elec.
Energy, Capacity & Ancillary Servs. by Pub. Utils.,
Order No. 816, 153 FERC ¶ 61,065 (2015), order on
reh’g, Order No. 816–A, 155 FERC ¶ 61,188 (2016);
Mkt.-Based Rates for Wholesale Sales of Elec.
Energy, Capacity & Ancillary Servs. by Pub. Utils.,
Order No. 697, 119 FERC ¶ 61,295, clarified, 121
FERC ¶ 61,260 (2007), order on reh’g, Order No.
697–A, 123 FERC ¶ 61,055, clarified, 124 FERC
¶ 61,055, order on reh’g, Order No. 697–B, 125
FERC ¶ 61,326 (2008), order on reh’g, Order No.
697–C, 127 FERC ¶ 61,284 (2009), order on reh’g,
Order No. 697–D, 130 FERC ¶ 61,206 (2010), aff’d
sub nom. Mont. Consumer Counsel v. FERC, 659
F.3d 910 (9th Cir. 2011).
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
Energy LLC. This order notifies these
public utilities that their market-based
rate authorizations will be revoked
unless they comply with the
Commission’s requirements within 15
days of the date of issuance of this
order.
3. In Order No. 2001, the Commission
stated that,
[i]f a public utility fails to file a[n] Electric
Quarterly Report (without an appropriate
request for extension), or fails to report an
agreement in a report, that public utility may
forfeit its market-based rate authority and
may be required to file a new application for
market-based rate authority if it wishes to
resume making sales at market-based rates.3
4. The Commission further stated that,
[o]nce this rule becomes effective, the
requirement to comply with this rule will
supersede the conditions in public utilities’
market-based rate authorizations, and failure
to comply with the requirements of this rule
will subject public utilities to the same
consequences they would face for not
satisfying the conditions in their rate
authorizations, including possible revocation
of their authority to make wholesale power
sales at market-based rates.4
5. Pursuant to these requirements, the
Commission has revoked the marketbased rate tariffs of market-based rate
sellers that failed to submit their
Electric Quarterly Reports.5
6. Sellers must file Electric Quarterly
Reports consistent with the procedures
set forth in Order Nos. 2001, 768,6 and
770.7 The exact filing dates for Electric
Quarterly Reports are prescribed in 18
CFR 35.10b. As noted above,
Commission staff’s review of the
Electric Quarterly Reports for the period
up to the first quarter of 2023 identified
two public utilities with market-based
rate authorization that failed to file
Electric Quarterly Reports. Commission
staff contacted or attempted to contact
these entities to remind them of their
regulatory obligations. Despite these
reminders, the public utilities listed in
the caption of this order have not met
these obligations. Accordingly, this
order notifies these public utilities that
their market-based rate authorizations
will be revoked unless they comply
with the Commission’s requirements
3 Order
No. 2001, 99 FERC ¶ 61,107 at P 222.
P 223.
5 See, e.g., Electric Quarterly Reps., 82 FR 60,976
(Dec. 26, 2017); Electric Quarterly Reps., 80 FR
58,243 (Sep. 28, 2015); Electric Quarterly Reps., 79
FR 65,651 (Nov. 5, 2014).
6 Electricity Mkt. Transparency Provisions of
Section 220 of the Federal Power Act, Order No.
768, 140 FERC ¶ 61,232 (2012), order on reh’g,
Order No. 768–A, 143 FERC ¶ 61,054 (2013), order
on reh’g, Order No. 768–B, 150 FERC ¶ 61,075
(2015).
7 Revisions to Elec. Quarterly Rep. Filing Process,
Order No. 770, 141 FERC ¶ 61,120 (2012).
4 Id.
E:\FR\FM\30AUN1.SGM
30AUN1
Agencies
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59892-59894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18751]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 2459-279]
Lake Lynn Generation, LLC; Notice of Scoping Meetings and
Environmental Site Review, and Soliciting Scoping Comments
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.: P-2459-279.
c. Date Filed: November 30, 2022.
d. Applicant: Lake Lynn Generation, LLC.
e. Name of Project: Lake Lynn Hydroelectric Project.
f. Location: On the Cheat River, near the City of Morgantown, in
Monongalia County, West Virginia, and near the Borough of Point Marion,
in Fayette County, Pennsylvania.
g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
h. Applicant Contact: Ms. Joyce Foster, Director, Licensing and
Compliance, Lake Lynn Generation, LLC, 7315 Wisconsin Ave., Suite
1100W, Bethesda, MD 20814; Phone at (804) 338-5110, or email at
[email protected].
i. FERC Contact: Allan Creamer at (202) 502-8365, or email at
[email protected].
j. Deadline for filing scoping comments: October 25, 2023.
The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include
[[Page 59893]]
your name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected], 1-866-208-3676 (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,
MD 20852. All filings must clearly identify the following on the first
page: Lake Lynn Hydroelectric Project No. 2459-279.
The Commission's Rules of Practice and Procedure require all
interveners 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 intervener 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. The application is not ready for environmental analysis at this
time.
l. Project Description: (1) a 13-mile-long, 1,729-acre impoundment
(Cheat Lake or Lake Lynn) with a maximum storage capacity of 72,300
acre-feet at a normal water surface elevation of 870 feet National
Geodetic Vertical Datum of 1929 (NGVD 29) and a minimum storage
capacity of 51,100 acre-feet at 857 feet NGVD 29; (2) a 1,000-foot-
long, 125-foot-high, concrete gravity dam with a 624-foot-long spillway
section controlled by 26, 21-foot-wide by 17-foot-high, Tainter gates;
(3) a concrete intake structure equipped with a log boom and eight
trash racks with 4-inch clear bar spacing; (4) eight 12-foot-wide by
18-foot-deep gated reinforced concrete penstocks; (5) a 160-foot-long
by 94.5-foot-wide powerhouse containing four Francis generating units
with a combined capacity of 51.2 megawatts; and (6) two 800-foot-long
transmission lines that run from the powerhouse to a substation within
the project boundary.
The Lake Lynn Project is currently operated as a dispatchable
peaking facility, with storage. The current license requires Lake Lynn
Generation, LLC to maintain Cheat Lake between 868 feet and 870 feet
NGVD 29 from May 1 through October 31, 857 feet and 870 feet NGVD 29
from November 1 through March 31, and 863 feet and 870 feet NGVD 29
from April 1 through April 30 each year. The current license also
requires Lake Lynn Generation, LLC to release a downstream minimum flow
of 212 cubic-feet-per-second (cfs), or inflow, from the dam when not
generating, with an absolute minimum flow of 100 cfs regardless of
inflow, when not generating. The project generates about 144,741
megawatt-hours annually. Lake Lynn Generation, LLC proposes no
modifications to its existing facilities or operations. Lake Lynn
Generation, LLC proposes new environmental measures and to remove
approximately 307 acres of land from the existing project boundary.
m. Copies of the application can be viewed on the Commission's
website at https://www.ferc.gov, using the ``eLibrary'' link. Enter the
project's docket number, excluding the last three digits in the docket
number field, to access the document. For assistance, contact FERC
Online Support.
You may also register at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, please
contact FERC Online Support at [email protected].
The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202) 502-6595, or at [email protected].
n. Scoping Process
Pursuant to the National Environmental Policy Act (NEPA),
Commission staff intends to prepare either an environmental assessment
(EA) or an environmental impact statement (EIS) (collectively referred
to as the ``NEPA document'') that describes and evaluates the probable
effects, including an assessment of the site-specific and cumulative
effects, if any, of the proposed action and alternatives. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission issues an EA or an EIS.
Scoping Meetings
Commission staff will hold two scoping meetings for the project to
receive input on the scope of the NEPA document. A daytime meeting will
be held at 2:00 p.m. on September 25, 2023, at the Cranberry Hotel in
Morgantown, West Virginia, and will focus on the concerns of resource
agencies, Native American Tribes, and non-governmental organizations
(NGOs). An evening meeting will be held at 6:00 p.m. on September 25,
2023, at the same location, and will focus on receiving input from the
public. We invite all interested agencies, Native American Tribes,
NGOs, and individuals to attend one or both of these meetings. The
times and locations of these meetings are as follows:
Daytime Scoping Meeting
Date: Monday, September 25, 2023
Time: 2:00 p.m. (EDT)
Place: Cranberry Hotel
Address: 2700 Cranberry Square, Morgantown, WV 26508
Evening Scoping Meeting
Date: Monday, September 25, 2023
Time: 6:00 p.m. (EDT)
Place: Cranberry Hotel
Address: 2700 Cranberry Square, Morgantown, WV 26508
Copies of the Scoping Document (SD1) outlining the subject areas to
be addressed in the NEPA document were distributed to the parties on
the Commission's mailing list and Lake Lynn Generation LLC's
distribution list. Copies of the SD1 will be available at the scoping
meeting or may be viewed on the web at https://www.ferc.gov, using the
``eLibrary'' link (see item m above).
Environmental Site Review
The applicant and Commission staff will conduct an environmental
site review of the project on September 26, 2023, beginning at 9:30
a.m. All interested agencies, Native American Tribes, NGOs, and
individuals are invited to attend. All participants are responsible for
their own transportation to the site and during the environmental site
review. Please RSVP via email to [email protected], or
notify Joyce Foster at (804) 338-5110 on or before September 19, 2023,
if you plan to attend the environmental site review. The time and
location of the environmental site review are as follows:
Lake Lynn Hydroelectric Project
Date: Tuesday, September 26, 2023
Time: 9:30 a.m. (EDT)
Place: Tailwater Fishing Access parking area
Address: Lake Lynn Project Powerhouse, 600 Lake Lynn Road, Lake Lynn,
PA 15451
All persons attending the environmental site review must adhere
[[Page 59894]]
to the following requirements: (1) all persons must wear sturdy,
closed-toe shoes or boots; (2) persons with open-toed shoes/sandals/
flip flops/high heels, etc. will not be allowed on the environmental
site review; (3) persons must be 18 years or older, or be accompanied
by an adult; (4) no photography will be allowed inside the powerhouse;
(5) no weapons are allowed on-site; (6) no alcohol/drugs are allowed
on-site (or persons exhibiting the effects thereof); and (7) no animals
(except for service animals) are allowed on the environmental site
review.
Objectives
At the scoping meetings, Commission staff will: (1) summarize the
environmental issues tentatively identified for analysis in the NEPA
document; (2) solicit from the meeting participants all available
information, especially quantifiable data, on the resources at issue;
(3) encourage statements from experts and the public on issues that
should be analyzed in the NEPA document, including viewpoints in
opposition to, or in support of, the staff's preliminary views; (4)
determine the resource issues to be addressed in the NEPA document; and
(5) identify those issues that require a detailed analysis, as well as
those issues that do not require a detailed analysis.
Procedures
The meetings will be recorded by a court reporter and become part
of the Commission's formal record on the project. Agencies, Native
American Tribes, NGOs, and individuals with environmental expertise and
concerns are encouraged to attend the meetings and to assist the staff
in defining and clarifying the issues to be addressed in the NEPA
document.
Dated: August 24, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-18751 Filed 8-29-23; 8:45 am]
BILLING CODE 6717-01-P