59892 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices 

2Contested proceedings are those where an 

intervenor disputes any material issue of the filing. 

18 CFR 385.2201(c)(1) (2022). 

3Algonquin Gas Transmission, LLC, 170 FERC 

¶ 61,144, at P 40 (2020). 

4 Id. at P 40. 

5Similarly, 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. 

6Algonquin Gas Transmission, LLC, 170 FERC 

¶ 61,144, at P 40 (2020). 

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 

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 (http://

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 http://

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 

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 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices 59893 

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, 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 

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 

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 http://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 


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59894 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices 

1Revised 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). 

2See 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). 

3Order No. 2001, 99 FERC ¶ 61,107 at P 222. 

4 Id. P 223. 

5See, 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). 

6Electricity 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). 

7Revisions to Elec. Quarterly Rep. Filing Process, 

Order No. 770, 141 FERC ¶ 61,120 (2012). 

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] 

BILLING CODE 6717–01–P 

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 

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 


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