[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_
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="accdc0c3cfc7c9ecc9dfdfc9d4c4d5c8dec382cfc3c1">[email protected]</a>.
    i. FERC Contact: Jeanne Edwards at (202) 502-6181; or email at 
<a href="/cdn-cgi/l/email-protection#761c13171818135813120117041205361013041558111900"><span class="__cf_email__" data-cfemail="3c56595d5252591259584b5d4e584f7c5a594e5f125b534a">[email protected]</span></a>.
    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 
<a href="/cdn-cgi/l/email-protection#d1979483929ebfbdb8bfb482a4a1a1bea3a591b7b4a3b2ffb6bea7"><span class="__cf_email__" data-cfemail="31777463727e5f5d585f54624441415e434571575443521f565e47">[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, 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.
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    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 <a href="/cdn-cgi/l/email-protection#b9fffcebfaf6d7d5d0d7dceaccc9c9d6cbcdf9dfdccbda97ded6cf"><span class="__cf_email__" data-cfemail="f7b1b2a5b4b8999b9e9992a4828787988583b791928594d9909881">[email protected]</span></a>.
    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#92ddc2c2d2f4f7e0f1bcf5fde4"><span class="__cf_email__" data-cfemail="5e110e0e1e383b2c3d70393128">[email protected]</span></a>.
    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 http://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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