[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72056-72057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23100]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2514-029]


Appalachian Power Company; Notice of Application Accepted for 
Filing, Soliciting Motions To Intervene and Protests, Ready for 
Environmental Analysis, and Soliciting Comments, Recommendations, 
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    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.: 2514-029.
    c. Date filed: February 28, 2022. Supplemented on February 28, 
2023.
    d. Applicant: Appalachian Power Company (Appalachian).
    e. Name of Project: Byllesby-Buck Hydroelectric Project (Byllesby-
Buck Project or project).
    f. Location: On the New River in Carroll County, Virginia.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Ms. Elizabeth Parcell, Process Supervisor, 
American Electric Power Service Corporation, 40 Franklin Road SW, 
Roanoke, Virginia 24011, (540) 985-2441, <a href="/cdn-cgi/l/email-protection#c0a5a2b0a1b2a3a5acac80a1a5b0eea3afad"><span class="__cf_email__" data-cfemail="fa9f988a9b88999f9696ba9b9f8ad4999597">[email protected]</span></a>.
    i. FERC Contact: Jody Callihan at (202) 502-8278 or email at 
<a href="/cdn-cgi/l/email-protection#85efeae1fcabe6e4e9e9ecede4ebc5e3e0f7e6abe2eaf3"><span class="__cf_email__" data-cfemail="6802070c11460b09040401000906280e0d1a0b460f071e">[email protected]</span></a>.
    j. Deadline for filing motions to intervene and protests, comments, 
recommendations, preliminary terms and conditions, and preliminary 
prescriptions: 60 days from the issuance date of this notice; reply 
comments are due 105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file 
motions to intervene, protests, comments, recommendations, preliminary 
terms and conditions, and preliminary fishway prescriptions using the 
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 
characters, without prior registration, using the eComment system at 
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your 
name and contact information at the end of your comments. For 
assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#470102150408292b2e292214323737283533072122352469202831"><span class="__cf_email__" data-cfemail="24626176676b4a484d4a41775154544b565064424156470a434b52">[email protected]</span></a>, (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, 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: Byllesby-Buck Hydroelectric Project (P-2514-
029).
    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 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 for filing and is now ready 
for environmental analysis.
    The Council on Environmental Quality (CEQ) issued a final rule on 
April 20, 2022, revising the regulations under 40 CFR parts 1502, 1507, 
and 1508 that federal agencies use to implement the National 
Environmental Policy Act (NEPA) (see National Environmental Policy Act 
Implementing Regulations Revisions, 87 FR 23453-70). The final rule 
became effective on May 20, 2022. Commission staff intends to conduct 
its NEPA review in accordance with CEQ's new regulations.
    l. The Byllesby-Buck Project consists of two developments (Byllesby 
and Buck) that have a combined total installed capacity of 26.1 
megawatts (MW). The Byllesby Development is located 3 river miles 
upstream of the Buck Development. The project had an average annual 
generation of 92,820 megawatt-hours (MWh) between 2016 and 2020.
    The Byllesby Development consists of: (1) a 64-foot-high, 528-foot-
long concrete dam, sluice gate, and main spillway section topped with 
four sections of 9-foot-high flashboards, five sections of 9-foot-high 
inflatable Obermeyer crest gates, and six bays of 10-foot-high Tainter 
gates; (2) an auxiliary spillway including six sections of 9-foot-high 
flashboards; (3) a 239-acre impoundment with a gross storage capacity 
of 2,000 acre-feet; (4) a powerhouse containing four turbine-generator 
units with a total installed capacity of 18.0 megawatts (MW); (5) a 
control house and switchyard; and (6) appurtenant facilities.
    The Buck Development consists of: (1) a 42-foot-high, 353-foot-long 
concrete dam and sluice gate; (2) a 1,005-foot-long, 19-foot-high 
spillway section topped with twenty sections of 9-foot-high 
flashboards, four sections of 9-foot-high inflatable crest gates, and 
six bays of 10-foot-high Tainter gates; (3) a 66-acre impoundment with 
a gross storage capacity of 661 acre-feet; (4) a powerhouse containing 
three turbine-generator units with a total installed capacity of 8.1 
MW; (5) two 2-mile-long overhead 13.2-kilovolt transmission lines 
extending from the Buck powerhouse to the Byllesby control house; and 
(6) appurtenant facilities.
    The Byllesby-Buck Project is currently operated in a run-of-river 
(ROR) mode, with the Byllesby impoundment maintained between elevations 
of 2,078.2 feet and 2,079.2 feet National Geodetic Vertical Datum of 
1929 (NGVD 29) and the Buck impoundment maintained between elevations 
of 2,002.4 feet and 2,003.4 feet NGVD 29. A minimum flow of 360 cubic 
feet per second (cfs), or project inflow if less, is provided 
downstream of each powerhouse. There is a bypassed reach at each 
development (590 feet long at Byllesby and 4,100 feet long at Buck), 
but there is currently no dedicated minimum flow for either of the 
bypassed reaches, which receive leakage flow of approximately 11 cfs 
(Byllesby) and 17 cfs (Buck). Article 406 of the current license 
specifies the down-ramping rates and procedures currently required at 
the Buck Development to minimize stranding of adult walleye (in the 
bypassed reach) following large spill events that occur during the 
spawning season (late winter through spring).
    Appalachian proposes to continue operating the project in a ROR 
mode and providing a 360-cfs minimum flow

[[Page 72057]]

downstream of each powerhouse (Byllesby and Buck). In addition, 
Appalachian proposes to release a continuous, year-round minimum flow 
of 35 cfs into the Byllesby bypassed reach. At the Buck Development, 
Applachian proposes to modify the existing down-ramping procedures and 
provide a seasonal minimum flow of 100 cfs in the bypassed reach (from 
February 15 through May 15 of each year) to increase habitat 
connectivity and water depths in the reach to provide adult walleye 
with additional escape routes during the spawning season. In addition 
to these measures, Appalachian proposes environmental measures for the 
protection and enhancement of other aquatic resources as well as 
terrestrial, recreation, and cultural resources.
    Appalachian also proposes to upgrade three (of the four) turbine-
generator units at the Byllesby Development and two (of the three) 
turbine-generator units at the Buck Development. The proposed upgrades 
are expected to increase the total installed capacity from 26.1 MW to 
29.8 MW and the project's average annual generation by 25,927 MWh. In 
addition, Appalachian proposes to replace three flashboard sections at 
the Byllesby Development and six flashboard sections at the Buck 
Development with inflatable (Obermeyer) crest gates. Lastly, 
Appalachian proposes to add to the current project boundary: (1) the 
Byllesby control house and switchyard and (2) two 2-mile-long, overhead 
13.2-kilovolt transmission lines that extend from the Buck powerhouse 
to the Byllesby control house.
    m. This filing may be viewed on the Commission's website at 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. 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. For assistance, 
call 1-866-208-3676 or email <a href="/cdn-cgi/l/email-protection#6c2a293e2f2302000502093f191c1c031e182c0a091e0f420b031a"><span class="__cf_email__" data-cfemail="b6f0f3e4f5f9d8dadfd8d3e5c3c6c6d9c4c2f6d0d3c4d598d1d9c0">[email protected]</span></a>, for TTY, call 
(202) 502-8659. Agencies may obtain copies of the application directly 
from the applicant.
    n. Anyone may submit comments, a protest, or a motion to intervene 
in accordance with the requirements of Rules of Practice and Procedure, 
18 CFR 385.210, .211, and .214. In determining the appropriate action 
to take, the Commission will consider all protests or other comments 
filed, but only those who file a motion to intervene in accordance with 
the Commission's Rules may become a party to the proceeding. Any 
comments, protests, or motions to intervene must be received on or 
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title 
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,'' 
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or 
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (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. All 
comments, recommendations, terms and conditions or prescriptions must 
set forth their evidentiary basis and otherwise comply with the 
requirements of 18 CFR 4.34(b). 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. A copy of all other 
filings in reference to this application must be accompanied by proof 
of service on all persons listed in the service list prepared by the 
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 
385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following 
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
                    Milestone                           Target date
------------------------------------------------------------------------
Filing of Comments, Recommendations, Preliminary  December 12, 2023.
 Terms and Conditions, and Preliminary Fishway
 Prescriptions.
Filing of Reply Comments........................  January 26, 2024.
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    p. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.
    q. 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 <a href="/cdn-cgi/l/email-protection#b8f7e8e8f8deddcadb96dfd7ce"><span class="__cf_email__" data-cfemail="642b343424020116074a030b12">[email protected]</span></a>.

    Dated: October 13, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-23100 Filed 10-18-23; 8:45 am]
BILLING CODE 6717-01-P


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