Briar Hydro Associates, LLC; Notice Soliciting Scoping Comments, 86125-86127 [2023-27226]

Download as PDF Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. Additional information about the Project is available from the Commission’s Office of External Affairs at (866) 208–FERC or on the FERC website (www.ferc.gov). Using the ‘‘eLibrary’’ link, select ‘‘General Search’’ from the eLibrary menu, enter the selected date range and ‘‘Docket Number’’ (i.e., CP24–1), and follow the instructions. For assistance with access to eLibrary, the helpline can be reached at (866) 208–3676, TTY (202) 502–8659, or at FERCOnlineSupport@ferc.gov. The eLibrary link on the FERC website also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings. Dated: December 5, 2023. Kimberly D. Bose, Secretary. [FR Doc. 2023–27233 Filed 12–11–23; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 6550–005] JBS Rentals, LLC, 5J’s LLC; Notice of Transfer of Exemption ddrumheller on DSK120RN23PROD with NOTICES1 1. On October 10, 2023, 5J’s LLC filed a notification of the transfer for the 30kilowatt Biber Spellenberg Hydroelectric Project No. 6550 from JBS Rentals, LLC to 5J’s LLC. The exemption from licensing was originally issued on February 14, 1983.1 The project is located on Bidden Creek, Trinity County, California. The transfer of an exemption does not require Commission approval. 2. 5J’s LLC is now the exemptee of the Biber Spellenberg Hydroelectric Project No. 6550. All correspondence must be forwarded to Cynthia Anderson, Owner, and Manager, 5J’s LLC, P.O. Box 127, Willow Creek, CA 95573, Phone: 916– 220–6712, email: Dynaglide96@ gmail.com. Dated: December 6, 2023. Kimberly D. Bose, Secretary. [FR Doc. 2023–27220 Filed 12–11–23; 8:45 am] BILLING CODE 6717–01–P 1 Frank M. Biber and Steven Spellenberg, 22 FERC ¶ 62,182 (1983). Subsequently, on August 15, 2017, the project was transferred to JBS Rentals, LLC. VerDate Sep<11>2014 18:03 Dec 11, 2023 Jkt 262001 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 3240–040, Project No. 6689– 018, Project No. 3342–025] Briar Hydro Associates, LLC; Notice Soliciting Scoping Comments Take notice that the following hydroelectric applications have been filed with the Commission and is available for public inspection. a. Type of Applications: New License. b. Project Nos.: P–3240–040, P–6689– 018, and P–3342–025. c. Date Filed: November 30, 2022. d. Applicant: Briar Hydro Associates, LLC. e. Names of Projects: Rolfe Canal Hydroelectric Project, Penacook Upper Falls Hydroelectric Project, and Penacook Lower Falls Hydroelectric Project (the projects). f. Locations: The Rolfe Canal and the Penacook Upper Falls Projects are on the Contoocook River in the City of Concord in Merrimack County, New Hampshire. The Penacook Lower Falls Project is located on the on the Contoocook River in the Town of Boscawen in Merrimack County, New Hampshire. g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)–825(r). h. Applicant Contact: Andrew J. Locke, Essex Hydro Associates, LLC, 55 Union Street, Boston, MA 02108; (617) 357–0032; email—alocke@ essexhydro.com. i. FERC Contact: Jeanne Edwards at (202) 502–6181; or email at jeanne.edwards@ferc.gov. j. Deadline for filing scoping comments: January 5, 2024. 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 your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ ferc.gov, (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 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 86125 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: Rolfe Canal Project No. 3240–040, and/or Penacook Upper Falls Project No. 6689–018, and/ or the Penacook Lower Falls Project No. 3342–025. 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 applications are not ready for environmental analysis at this time. l. Project Descriptions: The Rolfe Canal Project diverts water at the York Dam into the Rolfe Canal and consists of the following existing facilities: (1) York impoundment with a surface area of 50-acres, at an elevation of 342.5 feet National Geodetic Vertical Datum 1929 (NGVD29); (2) a 300-footlong, 10-foot-high diversion dam (York Dam); (3) a 50-foot-wide concrete gated intake structure; (4) a 7,000-foot-long, 75-foot-wide, and 9-foot-deep power canal; (5) an additional impoundment with a surface area of 3-acres, at an elevation of 342.5 feet NGVD29, and a negligible storage capacity, created by a 130-foot-long, 17-foot-high granite block intake dam at the end of the power canal; (6) a 950-foot-long underground penstock; (7) a 32-foot-wide by 90-footlong, concrete powerhouse containing one Kaplan turbine-generating unit with a capacity of 4.285 megawatts; (8) a 1,200-foot-long tailrace; (9) transmission facilities consisting of a three-phase 4.16/34.5-kilovolt (kV) transformer; and a 34.5-kV, 650-foot-long transmission line; and (10) other appurtenances. The project has a 4,000-foot-long York Dam bypassed reach and a 2,400-foor-long Rolfe Canal bypassed reach.1 The Rolfe Canal Project recreation facilities include: (1) a boat launch, located about 2,200 feet upstream of the York Dam; and (2) an unpaved parking area near the launch, which provides 7 parking spaces with additional parking space for vehicles with trailers situated along the boat launch access road. 1 In the Final License Application, Briar Hydro refers to the portion of the Rolfe Canal below the penstock intake dam as the ‘‘historic channel’’. Staff refers to this reach as the Rolfe Canal bypassed reach. E:\FR\FM\12DEN1.SGM 12DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 86126 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices The Penacook Upper Falls Project consists of the following existing facilities: (1) an impoundment with a surface area of 11.4-acres at an elevation of 306.0 feet NGVD29; (2) a 21-foot-high, 187-foot-long timber stoplog dam with a gated concrete spillway; (3) a 58-footwide, 15-foot-long forebay; (4) a 12.5foot-wide, 39.3-foot-high trashrack, with 3.5-inch clear bar spacing; (5) a 44-footwide by 81-foot-long, concrete powerhouse, integral to the dam containing one Kaplan turbine generating unit with a capacity of 3.02 megawatts; (6) a 350-foot-long, 47-footwide tailrace; (7) transmission facilities consisting of a 4.16/34.5- kilovolt (kV) transformer and a 50-foot-long, 34.5-kV transmission line; and (8) other appurtenances. The Upper Falls Project recreation facilities include a public park (Penacook Downtown River Park or Riverside Park) located 730 feet upstream from the dam on the east side of the impoundment. It was originally developed by Briar Hydro and the City of Concord. The park includes an amphitheater, which abuts and overlooks the impoundment. The park, which is operated and maintained by the City of Concord, is a non-project amenity. The Penacook Lower Falls Project consists of the following existing facilities: (1) an impoundment with a surface area of 8.4-acres at an elevation of 278.6 feet NGVD29; (2) a concrete dam with a 15-foot-long, 70-foot-wide forebay; a 106-foot-long, gated spillway, a 316-foot-long auxiliary spillway; and a 140-foot-long, gated diversion structure; (3) a 23.3-foot-long, 46.1-foot-high trash rack with a 3.625-inch clear spacing; (4) a 35-foot-wide by 97.5-foot-long concrete powerhouse, integral with the spillway, containing one Kaplan style turbine-generator unit with a capacity of 4.6 megawatts; (5) a 700-foot-long, 45foot wide tailrace; (6) transmission facilities consisting of a 4.16/34.5 kilovolt (kV) transformer and 200-footlong, 34.5-kV transmission line; and (7) other appurtenances. The Lower Falls Project recreation facilities include: (1) a boat launch, located about 1,000 feet downstream of the Lower Falls powerhouse on the southern bank of the Contoocook River; and (2) an unpaved parking area near the boat launch for up to 20 vehicles, with a vehicle turnaround area. As required by their current licenses, the Rolfe Canal, Upper Penacook Falls, and Lower Penacook Falls Projects operate in run-of-river mode. When flows exceed the combined capacity of the projects’ turbines, excess flows are passed over the dam spillways. To VerDate Sep<11>2014 18:03 Dec 11, 2023 Jkt 262001 enhance downstream eel passage at the projects, Briar Hydro conducts nightly shutdowns of the generating facilities for three nights after any rain event of 0.25 inches or more within a 24-hour period: (1) during the downstream eel migrating season (August 15 through November 1); or (2) whenever the Contoocook River drops to a water temperature of 50 degrees Fahrenheit (°F), whichever occurs first. At the Rolf Canal Project, the current license requires the release of a continuous minimum flow of 5 cubic feet per second (cfs) below the penstock intake dam (Rolfe Canal bypassed reach), and a continuous minimum flow of 50 cfs to the York bypassed reach. At the Upper Falls Project, the current license requires the project to operate the existing upstream passage eel lift, annually, from June 1 through September 15,2 and operate the existing downstream salmon fish passage, annually, to pass Atlantic salmon through a converted spillway bay leading to a fish sluice discharged into the tailrace.3 At the Lower Falls Project, the current license requires the project to operate the existing downstream salmon fish passage, annually, to pass Atlantic salmon to a converted spillway bay leading to a series of plunge pools discharged into the tailrace.4 Briar Hydro proposes to operate the projects with the following environmental measures: (1) continue a run-of-river operation at the projects; (2) install a new 0.75-inch clear-space screen over the existing trash racks at the project turbine intakes (i) from August 15 through November 15,5 (ii) from May 15 through July 15, beginning after a trap-and-haul fish passage program is established at the Lower 2 The existing upstream eel lift at the Upper Falls Project is located on the west side of the spillway. Migrant eels are lifted upstream in the bypassed reach to a tank where they are collected, weighed, counted, and measured before being transferred to the head pond. 3 Currently, the existing downstream fish passage for Atlantic salmon is not in use at the Upper Falls Project. In 2013, the FWS ended its participation in the Merrimack River Salmon Restoration Program and stocking efforts of Atlantic salmon in New Hampshire, as the Central New England District Populating Segment of Atlantic salmon is considered extirpated (65 FR 69,459–69,483 [November 17, 2000]). The existing downstream salmon fish passage at the Upper Falls Project is located a spillway bay west of the powerhouse. 4 The existing downstream fish passage for Atlantic salmon at the Lower Falls Project is located on the west end of the spillway in a modified spillway bay, adjacent to the powerhouse and is not in use as discussed. 5 Briar Hydro proposes to extend the downstream passage season for eels to end on November 15 or when water temperatures drop 50°F, whichever comes first. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Falls Project, to prevent entrainment of outmigrating American shad, alewife, and blueback herring (alosines, collectively), (iii) whenever water temperatures in the Contoocook River drop to 50°F, and (iv) from August 15 through November 15, discontinue night-time shutdowns at the projects once the new 0.75-inch overlays are installed; (3) operate the project intakes so the average approach velocity would not exceed 2 feet per second when the new 0.75-inch overlays are installed; (4) construct a new downstream fish passage at the Rolfe Canal and Lower Falls Projects; (5) provide a minimum flow of 100 cubic feet per second (cfs) to the York bypassed reach and 30 cfs to the Rolfe Canal bypassed reach; (6) conduct a feasibility and effectiveness flow study in the Rolfe Canal bypassed reach; (7) install a new roughed channel eel ladder, annually, from June 1 through September 15 for upstream eel passage at the Rolfe Canal and Lower Falls Projects; (8) continue operating the existing upstream passage eel lift at the Upper Falls Project; (9) develop a protection plan for brook floater mussels during planned drawdowns at York Dam; (10) operate the existing downstream fish passage, annually at the Upper Falls Project, for outmigrating American eels and alosines from August 15 through November 15 and May 15 through July 15; (11) construct a trap and haul facility for upstream passage for diadromous fish,6 to operate at the Lower Falls Project from May 1 to June 30, beginning five years after any new license is issued, and a plan to transport fish from the Lower Falls Project to the boat ramp at the Rolfe Canal Project; (12) construct a new bar rack intake support structure for two 0.75-inch clear bar racks, a new wide-slot bar rack; (13) construct a new surface downstream bypass system at the Lower Falls Project; and (14) continue to maintain the boat launch, including the parking area and access road at the Rolfe Canal and Lower Falls Projects. m. Copies of the applications 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 6 Diadromous fish include American shad, alewife, blueback herring and American eel. E:\FR\FM\12DEN1.SGM 12DEN1 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices 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 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. At this time, we do not anticipate holding on-site scoping meetings. Instead, we are soliciting written comments and suggestions on the preliminary list of issues and alternatives to be addressed in the NEPA document, as described in scoping document 1 (SD1), issued December 6, 2023. Copies of the SD1 outlining the proposed project and subject areas to be addressed in the NEPA document were distributed to the parties on the Commission’s mailing list and the applicant’s distribution list. Copies of SD1 may be viewed on the web at https://www.ferc.gov using the ‘‘eLibrary’’ link (see item m above). Dated: December 6, 2023. Kimberly D. Bose, Secretary. [FR Doc. 2023–27226 Filed 12–11–23; 8:45 am] ddrumheller on DSK120RN23PROD with NOTICES1 BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 Take notice that the Commission received the following electric corporate filings: VerDate Sep<11>2014 18:03 Dec 11, 2023 Jkt 262001 Docket Numbers: EC24–21–000. Applicants: TotalEnergies Flexible Power USA, LLC, TexGen Power, LLC. Description: Joint Application for Authorization Under Section 203 of the Federal Power Act of TotalEnergies Flexible Power USA, LLC, et. al. Filed Date: 12/4/23. Accession Number: 20231204–5280. Comment Date: 5 p.m. ET 12/26/23. Take notice that the Commission received the following electric rate filings: Docket Numbers: ER24–86–000. Applicants: EFS Parlin Holdings, LLC. Description: Supplement to October 12, 2023 EFS Parlin Holdings, LLC tariff filing. Filed Date: 11/30/23. Accession Number: 20231130–5353. Comment Date: 5 p.m. ET 12/21/23. Docket Numbers: ER24–228–002. Applicants: South Cheyenne Solar, LLC. Description: Tariff Amendment: Revision of Proposed Market-Based Rate Tariff to be effective 12/1/2023. Filed Date: 12/1/23. Accession Number: 20231201–5248. Comment Date: 5 pm ET 12/11/23. Docket Numbers: ER24–537–000. Applicants: Southwestern Public Service Company Description: Petition for Limited Waiver of Southwestern Public Service Company. Filed Date: 12/4/23. Accession Number: 20231204–5142. Comment Date: 5 pm ET 12/18/23. Docket Numbers: ER24–543–000. Applicants: PJM Interconnection, L.L.C. Description: § 205(d) Rate Filing: Amendment to 10 Service Agreements re: FirstEnergy Reorganization to be effective 12/31/9998. Filed Date: 12/4/23. Accession Number: 20231204–5212. Comment Date: 5 pm ET 12/26/23. Docket Numbers: ER24–544–000. Applicants: Robin Hollow Solar Lessee, LLC. Description: Tariff Amendment: Notice of MBR Cancellation to be effective 12/5/2023. Filed Date: 12/4/23. Accession Number: 20231204–5223. Comment Date: 5 pm ET 12/26/23. Docket Numbers: ER24–545–000. Applicants: American Electric Power Service Corporation, Appalachian Power Company. Description: Petition for Limited Waiver of Appalachian Power Company. Filed Date: 12/4/23. Accession Number: 20231204–5283. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 86127 Comment Date: 5 pm ET 12/26/23. Docket Numbers: ER24–546–000. Applicants: Virginia Electric and Power Company, PJM Interconnection, L.L.C. Description: § 205(d) Rate Filing: Virginia Electric and Power Company submits tariff filing per 35.13(a)(2)(iii: VEPCO submits One WDSA, SA No. 7136 to be effective 11/6/2023. Filed Date: 12/5/23. Accession Number: 20231205–5045. Comment Date: 5 pm ET 12/26/23. Docket Numbers: ER24–547–000. Applicants: Southwest Power Pool, Inc. Description: § 205(d) Rate Filing: Revisions to Modify Operating Tolerances for Uninstructued Resource Deviation to be effective 12/31/9998. Filed Date: 12/5/23. Accession Number: 20231205–5071. Comment Date: 5 pm ET 12/26/23. Docket Numbers: ER24–548–000. Applicants: Dow Hydrocarbons and Resources LLC. Description: Baseline eTariff Filing: Petition for Approval of Initial MarketBased Rate Tariff to be effective 2/4/ 2024. Filed Date: 12/5/23. Accession Number: 20231205–5078. Comment Date: 5 pm ET 12/26/23. Docket Numbers: ER24–549–000. Applicants: Santa Rosa Energy Center, LLC. Description: § 205(d) Rate Filing: Market-Based Rate Tariff Revisions to be effective 12/6/2023. Filed Date: 12/5/23. Accession Number: 20231205–5102. Comment Date: 5 pm ET 12/26/23. Docket Numbers: ER24–550–000. Applicants: Arizona Public Service Company. Description: § 205(d) Rate Filing: Rate Schedule No. 292, Amendment No. 1 to be effective 2/4/2024. Filed Date: 12/5/23. Accession Number: 20231205–5125. Comment Date: 5 pm ET 12/26/23. Docket Numbers: ER24–551–000. Applicants: Elkhart County Solar Project, LLC. Description: Baseline eTariff Filing: Market-Based Rate Application to be effective 2/4/2024. Filed Date: 12/5/23. Accession Number: 20231205–5133. Comment Date: 5 pm ET 12/26/23. Docket Numbers: ER24–552–000. Applicants: Martin County II Solar Project, LLC. Description: Baseline eTariff Filing: Market-Based Rate Application to be effective 2/4/2024. Filed Date: 12/5/23. E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86125-86127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27226]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3240-040, Project No. 6689-018, Project No. 3342-025]


Briar Hydro Associates, LLC; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric applications have been 
filed with the Commission and is available for public inspection.
    a. Type of Applications: New License.
    b. Project Nos.: P-3240-040, P-6689-018, and P-3342-025.
    c. Date Filed: November 30, 2022.
    d. Applicant: Briar Hydro Associates, LLC.
    e. Names of Projects: Rolfe Canal Hydroelectric Project, Penacook 
Upper Falls Hydroelectric Project, and Penacook Lower Falls 
Hydroelectric Project (the projects).
    f. Locations: The Rolfe Canal and the Penacook Upper Falls Projects 
are on the Contoocook River in the City of Concord in Merrimack County, 
New Hampshire. The Penacook Lower Falls Project is located on the on 
the Contoocook River in the Town of Boscawen in Merrimack County, New 
Hampshire.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Andrew J. Locke, Essex Hydro Associates, LLC, 
55 Union Street, Boston, MA 02108; (617) 357-0032; email_
[email protected].
    i. FERC Contact: Jeanne Edwards at (202) 502-6181; or email at 
[email protected].
    j. Deadline for filing scoping comments: January 5, 2024.
    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 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, 
MD 20852. All filings must clearly identify the following on the first 
page: Rolfe Canal Project No. 3240-040, and/or Penacook Upper Falls 
Project No. 6689-018, and/or the Penacook Lower Falls Project No. 3342-
025.
    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 applications are not ready for environmental analysis at 
this time.
    l. Project Descriptions:
    The Rolfe Canal Project diverts water at the York Dam into the 
Rolfe Canal and consists of the following existing facilities: (1) York 
impoundment with a surface area of 50-acres, at an elevation of 342.5 
feet National Geodetic Vertical Datum 1929 (NGVD29); (2) a 300-foot-
long, 10-foot-high diversion dam (York Dam); (3) a 50-foot-wide 
concrete gated intake structure; (4) a 7,000-foot-long, 75-foot-wide, 
and 9-foot-deep power canal; (5) an additional impoundment with a 
surface area of 3-acres, at an elevation of 342.5 feet NGVD29, and a 
negligible storage capacity, created by a 130-foot-long, 17-foot-high 
granite block intake dam at the end of the power canal; (6) a 950-foot-
long underground penstock; (7) a 32-foot-wide by 90-foot-long, concrete 
powerhouse containing one Kaplan turbine-generating unit with a 
capacity of 4.285 megawatts; (8) a 1,200-foot-long tailrace; (9) 
transmission facilities consisting of a three-phase 4.16/34.5-kilovolt 
(kV) transformer; and a 34.5-kV, 650-foot-long transmission line; and 
(10) other appurtenances. The project has a 4,000-foot-long York Dam 
bypassed reach and a 2,400-foor-long Rolfe Canal bypassed reach.\1\
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    \1\ In the Final License Application, Briar Hydro refers to the 
portion of the Rolfe Canal below the penstock intake dam as the 
``historic channel''. Staff refers to this reach as the Rolfe Canal 
bypassed reach.
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    The Rolfe Canal Project recreation facilities include: (1) a boat 
launch, located about 2,200 feet upstream of the York Dam; and (2) an 
unpaved parking area near the launch, which provides 7 parking spaces 
with additional parking space for vehicles with trailers situated along 
the boat launch access road.

[[Page 86126]]

    The Penacook Upper Falls Project consists of the following existing 
facilities: (1) an impoundment with a surface area of 11.4-acres at an 
elevation of 306.0 feet NGVD29; (2) a 21-foot-high, 187-foot-long 
timber stoplog dam with a gated concrete spillway; (3) a 58-foot-wide, 
15-foot-long forebay; (4) a 12.5-foot-wide, 39.3-foot-high trashrack, 
with 3.5-inch clear bar spacing; (5) a 44-foot-wide by 81-foot-long, 
concrete powerhouse, integral to the dam containing one Kaplan turbine 
generating unit with a capacity of 3.02 megawatts; (6) a 350-foot-long, 
47-foot-wide tailrace; (7) transmission facilities consisting of a 
4.16/34.5- kilovolt (kV) transformer and a 50-foot-long, 34.5-kV 
transmission line; and (8) other appurtenances.
    The Upper Falls Project recreation facilities include a public park 
(Penacook Downtown River Park or Riverside Park) located 730 feet 
upstream from the dam on the east side of the impoundment. It was 
originally developed by Briar Hydro and the City of Concord. The park 
includes an amphitheater, which abuts and overlooks the impoundment. 
The park, which is operated and maintained by the City of Concord, is a 
non-project amenity.
    The Penacook Lower Falls Project consists of the following existing 
facilities: (1) an impoundment with a surface area of 8.4-acres at an 
elevation of 278.6 feet NGVD29; (2) a concrete dam with a 15-foot-long, 
70-foot-wide forebay; a 106-foot-long, gated spillway, a 316-foot-long 
auxiliary spillway; and a 140-foot-long, gated diversion structure; (3) 
a 23.3-foot-long, 46.1-foot-high trash rack with a 3.625-inch clear 
spacing; (4) a 35-foot-wide by 97.5-foot-long concrete powerhouse, 
integral with the spillway, containing one Kaplan style turbine-
generator unit with a capacity of 4.6 megawatts; (5) a 700-foot-long, 
45-foot wide tailrace; (6) transmission facilities consisting of a 
4.16/34.5 kilovolt (kV) transformer and 200-foot-long, 34.5-kV 
transmission line; and (7) other appurtenances.
    The Lower Falls Project recreation facilities include: (1) a boat 
launch, located about 1,000 feet downstream of the Lower Falls 
powerhouse on the southern bank of the Contoocook River; and (2) an 
unpaved parking area near the boat launch for up to 20 vehicles, with a 
vehicle turnaround area.
    As required by their current licenses, the Rolfe Canal, Upper 
Penacook Falls, and Lower Penacook Falls Projects operate in run-of-
river mode. When flows exceed the combined capacity of the projects' 
turbines, excess flows are passed over the dam spillways. To enhance 
downstream eel passage at the projects, Briar Hydro conducts nightly 
shutdowns of the generating facilities for three nights after any rain 
event of 0.25 inches or more within a 24-hour period: (1) during the 
downstream eel migrating season (August 15 through November 1); or (2) 
whenever the Contoocook River drops to a water temperature of 50 
degrees Fahrenheit ([deg]F), whichever occurs first.
    At the Rolf Canal Project, the current license requires the release 
of a continuous minimum flow of 5 cubic feet per second (cfs) below the 
penstock intake dam (Rolfe Canal bypassed reach), and a continuous 
minimum flow of 50 cfs to the York bypassed reach.
    At the Upper Falls Project, the current license requires the 
project to operate the existing upstream passage eel lift, annually, 
from June 1 through September 15,\2\ and operate the existing 
downstream salmon fish passage, annually, to pass Atlantic salmon 
through a converted spillway bay leading to a fish sluice discharged 
into the tailrace.\3\
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    \2\ The existing upstream eel lift at the Upper Falls Project is 
located on the west side of the spillway. Migrant eels are lifted 
upstream in the bypassed reach to a tank where they are collected, 
weighed, counted, and measured before being transferred to the head 
pond.
    \3\ Currently, the existing downstream fish passage for Atlantic 
salmon is not in use at the Upper Falls Project. In 2013, the FWS 
ended its participation in the Merrimack River Salmon Restoration 
Program and stocking efforts of Atlantic salmon in New Hampshire, as 
the Central New England District Populating Segment of Atlantic 
salmon is considered extirpated (65 FR 69,459-69,483 [November 17, 
2000]). The existing downstream salmon fish passage at the Upper 
Falls Project is located a spillway bay west of the powerhouse.
---------------------------------------------------------------------------

    At the Lower Falls Project, the current license requires the 
project to operate the existing downstream salmon fish passage, 
annually, to pass Atlantic salmon to a converted spillway bay leading 
to a series of plunge pools discharged into the tailrace.\4\
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    \4\ The existing downstream fish passage for Atlantic salmon at 
the Lower Falls Project is located on the west end of the spillway 
in a modified spillway bay, adjacent to the powerhouse and is not in 
use as discussed.
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    Briar Hydro proposes to operate the projects with the following 
environmental measures: (1) continue a run-of-river operation at the 
projects; (2) install a new 0.75-inch clear-space screen over the 
existing trash racks at the project turbine intakes (i) from August 15 
through November 15,\5\ (ii) from May 15 through July 15, beginning 
after a trap-and-haul fish passage program is established at the Lower 
Falls Project, to prevent entrainment of outmigrating American shad, 
alewife, and blueback herring (alosines, collectively), (iii) whenever 
water temperatures in the Contoocook River drop to 50[deg]F, and (iv) 
from August 15 through November 15, discontinue night-time shutdowns at 
the projects once the new 0.75-inch overlays are installed; (3) operate 
the project intakes so the average approach velocity would not exceed 2 
feet per second when the new 0.75-inch overlays are installed; (4) 
construct a new downstream fish passage at the Rolfe Canal and Lower 
Falls Projects; (5) provide a minimum flow of 100 cubic feet per second 
(cfs) to the York bypassed reach and 30 cfs to the Rolfe Canal bypassed 
reach; (6) conduct a feasibility and effectiveness flow study in the 
Rolfe Canal bypassed reach; (7) install a new roughed channel eel 
ladder, annually, from June 1 through September 15 for upstream eel 
passage at the Rolfe Canal and Lower Falls Projects; (8) continue 
operating the existing upstream passage eel lift at the Upper Falls 
Project; (9) develop a protection plan for brook floater mussels during 
planned drawdowns at York Dam; (10) operate the existing downstream 
fish passage, annually at the Upper Falls Project, for outmigrating 
American eels and alosines from August 15 through November 15 and May 
15 through July 15; (11) construct a trap and haul facility for 
upstream passage for diadromous fish,\6\ to operate at the Lower Falls 
Project from May 1 to June 30, beginning five years after any new 
license is issued, and a plan to transport fish from the Lower Falls 
Project to the boat ramp at the Rolfe Canal Project; (12) construct a 
new bar rack intake support structure for two 0.75-inch clear bar 
racks, a new wide-slot bar rack; (13) construct a new surface 
downstream bypass system at the Lower Falls Project; and (14) continue 
to maintain the boat launch, including the parking area and access road 
at the Rolfe Canal and Lower Falls Projects.
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    \5\ Briar Hydro proposes to extend the downstream passage season 
for eels to end on November 15 or when water temperatures drop 
50[deg]F, whichever comes first.
    \6\ Diadromous fish include American shad, alewife, blueback 
herring and American eel.
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    m. Copies of the applications 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

[[Page 86127]]

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 [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.
    At this time, we do not anticipate holding on-site scoping 
meetings. Instead, we are soliciting written comments and suggestions 
on the preliminary list of issues and alternatives to be addressed in 
the NEPA document, as described in scoping document 1 (SD1), issued 
December 6, 2023.
    Copies of the SD1 outlining the proposed project and subject areas 
to be addressed in the NEPA document were distributed to the parties on 
the Commission's mailing list and the applicant's distribution list. 
Copies of SD1 may be viewed on the web at https://www.ferc.gov using the 
``eLibrary'' link (see item m above).

    Dated: December 6, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-27226 Filed 12-11-23; 8:45 am]
BILLING CODE 6717-01-P
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