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###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Project No. 3342-025]

Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.

                    a.                     *Type of Application:*                     New License.                

                    b.                     *Project No.:*                     3342-025.                

                    c.                     *Date Filed:*                     November 30, 2022.                

                    d.                     *Applicant:*                     Briar Hydro Associates, LLC.                

                    e.                     *Name of Project:*                     Penacook Lower Falls Hydroelectric Project.                

                    f.                     *Location:*                     On the Contoocook River, in the City of Concord, and Town of Boscawen, Merrimack County, New Hampshire. No Federal lands are located within the project boundary.                

                    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                     *jeanne.edwards@ferc.gov.*

                    j.                     *Deadline for filing motions to intervene and protests:*                     60 days from the issuance date of this notice.                

                    The Commission strongly encourages electronic filing. Please file motions to intervene and protests using the Commission's eFiling system at                     *https://ferconline.ferc.gov/​FERCOnline.aspx.*                     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 other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. All filings must clearly identify the project name and docket number on the first page: Penacook Lower Falls Project (P-3342-025).                

                    The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the                           ( print page 71850)                        official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.                

k. This application has been accepted but is not ready for environmental analysis.

                    l.                     *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 National Geodetic Vertical Datum 1929; (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 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 project operates in a run-of-river mode. The project had an average annual generation of 20,198,820 kilowatt-hours between 2012 and 2021. No changes in the project operation are proposed.

                    m. 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 (886) 208-3676 (toll free) or (202) 502-8659 (TTY).                

                    You may also register online at                     *http://www.ferc.gov/​docs-filing/​esubscription.asp*                     to be notified via email of new filings and issuances related to this or other pending projects.                

                    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. Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application.

All filings must (1) bear in all capital letters the title “PROTEST” or “MOTION TO INTERVENE;” (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application.

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

Issue Scoping Document 1 for comments—November 2023

Request Additional Information (if necessary)—November 2023

Issue Scoping Document 2—December 2023

Issue Notice of Ready for Environmental Analysis—December 2023

Dated: October 12, 2023.

Kimberly D. Bose,

Secretary.

[FR Doc. 2023-22985 Filed 10-17-23; 8:45 am]

BILLING CODE 6717-01-P