[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78233-78235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21694]


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SUSQUEHANNA RIVER BASIN COMMISSION

18 CFR Part 801


General Policies

AGENCY: Susquehanna River Basin Commission.

ACTION: Final rule.

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SUMMARY: This document contains rules that amend the regulations of the 
Susquehanna River Basin Commission (Commission) to provide rules for 
agency procurement and bid protest procedures and for updating the 
general policies of the Commission to include climate change and 
environmental justice, revising the procedures regarding the adoption 
of the comprehensive plan and adding language to memorialize the 
Commission's Dry Cooling Resolution.

DATES: This rule is effective September 25, 2024.

ADDRESSES: Susquehanna River Basin Commission, 4423 N Front Street, 
Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel,

[[Page 78234]]

telephone: 717-238-0423, ext. 1312; fax: 717-238-2436; email: 
<a href="/cdn-cgi/l/email-protection#09636670656c7b497a7b6b6a276e667f"><span class="__cf_email__" data-cfemail="d3b9bcaabfb6a193a0a1b1b0fdb4bca5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking was 
published in the Federal Register on March 21, 2024; New York Register 
on April 10, 2024; Pennsylvania Bulletin on April 13, 2024; and 
Maryland Register on April 5, 2024. The Commission convened a public 
hearing on May 2, 2024, to hear testimony on the proposed rulemaking. A 
written comment period was held open to May 13 and extended upon 
request to June 10, 2024.
    During this official public comment period, only one comment was 
received. The commented focused exclusively on the language added to 
new paragraph (d) in Sec.  801.12 regarding dry cooling and electric 
power generation. The commenter asked that the nuclear power industry 
be wholly exempted from this requirement, stating that the Commission's 
regulatory review regulations at part 806 fully covered the use of 
water and impacts of water use by industry and that dry cooling was not 
practicable for nuclear power plants. The commenter also noted that the 
Commission did not provide a definition of ``significantly modified 
power generation plants'' in the rulemaking.
    The Commission will continue to require the power generation 
industry, including the nuclear power industry, to evaluate water use 
and utilize readily available technologies to reduce water use. The 
Commission believes that smaller nuclear power plants may be able to 
use dry cooling and hybrid dry cooling systems in the future. In light 
of the comment, the Commission does amend the original language 
proposed in paragraph (d) of Sec.  801.12 to focus on the requirement 
that project sponsors of power generation plants must evaluate their 
projected water use and consider all available and feasible 
technologies, including but not limited to dry cooling, that could 
lower overall consumptive use of water. This change broadens the focus 
not just on dry cooling but also on other technologies that may be more 
feasible for the nuclear power industry as well as the power generation 
industry as a whole. The Commission also added clarity on what a 
``significantly modified power plant'' would be in the context of this 
paragraph.
    The Commission received no other comments on any other aspects of 
the proposed rule or part 801 and therefore made no additional changes 
to the language in this final rule.

List of Subjects in 18 CFR Part 801

    Administrative practice and procedure, Water resources.

    Accordingly, for the reasons set forth in the preamble, the 
Susquehanna River Basin Commission amends 18 CFR part 801 as follows:

PART 801--GENERAL POLICIES

0
1. The authority citation for part 801 continues to read as follows:

    Authority: Secs. 3.1, 3.4, 3.5(1), 15.1 and 15.2, Pub. L. 91-575 
(84 Stat. 1509 et seq.)


0
2. Amend Sec.  801.2 by revising paragraph (b)(9) to read as follows:


Sec.  801.2  Coordination, cooperation, and intergovernmental 
relations.

* * * * *
    (b) * * *
    (9) Coordinate and cooperate with the appropriate agencies of a 
member jurisdiction on implementing actions to address resiliency in 
the face of changing climatic conditions and to support the aims of 
environmental justice.

0
3. Revise Sec.  801.5 to read as follows:


Sec.  801.5  Comprehensive plan.

    (a) The Compact requires that the Commission formulate and adopt a 
comprehensive plan for the immediate and long-range development and use 
of the water resources of the basin.
    (1) The plan will include existing and proposed public and private 
programs, projects, and facilities which are required, in the judgment 
of the Commission, to meet present and future water resources needs of 
the basin. Consideration shall be given to the effect of the plan, or 
any part of the plan, on the receiving waters of the Chesapeake Bay. 
The Commission shall consult with interested public bodies and public 
utilities and fully consider the findings and recommendations of the 
signatory parties, their various subdivisions and interested groups. 
Prior to adoption of the plan the Commission shall conduct at least one 
public hearing in each signatory State.
    (2) The plan will reflect consideration of multiple objectives, 
including economic growth; sustainable regional development and 
environmental resilience; coordinated study and consideration of water 
quantity and water quality and the nexus with existing and proposed 
land uses; and the promotion of cooperation and collaboration between 
all levels of government and non-governmental entities.
    (3) The Commission will strive to complete a comprehensive update 
of the comprehensive plan every 20 years. If adjustments are needed 
during the life span of the plan to address emergent priorities, goals, 
or objectives, the comprehensive plan will be revised in accordance 
with requirements of the Compact.
    (4) Projects requiring Commission review and approval will be 
included in the comprehensive plan after formal action is taken at 
Commission business meetings. Approved projects will be incorporated 
into the comprehensive plan and accessible via the Commission's Water 
Application and Approval Viewer or successor viewer applications.
    (b) The comprehensive plan shall provide for the immediate and 
long-range use, development, conservation, preservation, and management 
of the water resources of the basin. The plan will be presented in a 
form and order as determined by the Commission and shall include but 
not be limited to the following:
    (1) Statement of authority, purpose, objectives, and scope.
    (2) Identification of priorities, goals, and objectives of the 
Commission.
    (3) Inventory of the basin's water resources and existing 
developments, projects, and facilities.
    (4) Projection of immediate and long-range water resources needs of 
the basin.
    (5) Outline of plan implementation measures.
    (6) Procedures for updating and modifying the plan.
    (7) Necessary appendices.

0
4. Amend Sec.  801.12 by adding paragraph (d) to read as follows:


Sec.  801.12  Electric power generation.

* * * * *
    (d) Project sponsors proposing new or significantly modified power 
generation plants in the basin shall submit to the Commission for 
review an evaluation of their projected water use and consider all 
available and feasible technologies, including dry cooling, that could 
lower the consumptive use of water at the plant. For the purposes of 
this evaluation, a significantly modified power plant is one that is 
changing its fuel source or substantially increasing its consumptive 
use of water.

0
5. Add Sec.  801.15 to read as follows:


Sec.  801.15  Commission Procurement Procedures; Protests.

    (a) Procedures. The Commission shall maintain a policy entitled 
``SRBC Procurement Procedures'' that outlines the details and 
procedures related to the purchasing and procurement of goods and 
services by the Commission. Any

[[Page 78235]]

revisions to this policy shall be consistent with section 15.9 of the 
Compact and undertaken in accordance with appropriate public notice and 
comment consistent with the requirements of Sec.  808.1.
    (b) Right to protest. A bidder or offeror, a prospective bidder or 
offeror or a prospective contractor that is aggrieved in connection 
with the solicitation or award of a contract, may protest to the 
Commission in writing.
    (c) Filing of protest. A protestant shall file the protest on a 
form and in a manner prescribed by the Commission. A protest shall be 
filed within ten calendar days after the aggrieved protestant knew or 
should have known of the facts giving rise to the protest, except that 
in no event may a protest be filed later than ten calendar days after 
the date the contract was awarded. The failure to file a timely protest 
shall be deemed as a waiver of the right to protest by any bidder or 
offeror, prospective bidder or offeror or a prospective contractor. 
Untimely filed protests shall be disregarded by the Commission. The 
Executive Director or his/her designee shall be the presiding officer 
to hear the bid protest. The awardee of the contract, if any, will be 
informed by the Commission of any bid protest that may affect the 
contract and the awardee may intervene as a party in any protest filed.
    (d) Contents of protest. A protest shall state all the grounds upon 
which the protestant asserts the solicitation or award of the contract 
was improper. The protestant may submit with the protest any documents 
or information it deems relevant to the protest.
    (e) Response and reply. Within 15 calendar days of receipt of a 
protest, the purchasing officer may submit to the presiding officer and 
the protestant a response to the protest, including any documents or 
information deemed relevant to the protest. The protestant may file a 
reply to the response within ten calendar days of the response.
    (f) Evaluation of protest. The presiding officer shall review the 
protest and any response or reply and may request and review such 
additional documents or information as they deem relevant to render a 
decision and may, at their sole discretion, conduct a hearing 
consistent with Sec.  808.3 of this chapter. All parties will be 
provided with a reasonable opportunity to review and address any 
additional documents or information deemed relevant by the presiding 
officer to render a decision. Additional documents and information 
deemed relevant by the presiding officer will be included in the 
record.
    (g) Findings and report. Upon completing an evaluation of the 
protest, the presiding officer shall prepare a report of their findings 
and recommendations based on the record. The report shall be served by 
electronic mail or certified mail upon each party to the proceeding. 
Any party may file objections to the report. Such objections to the 
report shall be filed with the Commission and served on all parties 
within 20 calendar days after service of the report. A brief shall be 
filed together with the objections. Any replies to the objections and 
briefs will be filed and served on all parties within ten calendar days 
of service of the objections. Prior to its decision on such objections, 
the Commission may, in its sole discretion, grant a request for oral 
argument.
    (h) Action by the Commission. The Commission will review the 
findings and recommendations of the presiding officer and the 
objections and render a determination. The Commission's determination 
will be in writing and will be served by electronic or certified mail 
upon each party to the proceeding.
    (i) Appeal. Any final action by the Commission may be appealed to 
the appropriate United States District Court within 90 days as set 
forth in section 3.10(6) and Federal reservation (o) of the Compact.
    (j) Record of determination. The Commission's record of 
determination for review by the court shall consist of the 
solicitation; the contract, if any; the administrative record of the 
protest before the presiding officer; the report of the presiding 
officer, along with any objections and replies filed; transcripts and 
exhibits, if any; and the final determination of the Board of 
Commissioners.
    (k) Stay of procurement during pendency of protest. In the event a 
protest is filed timely under this section, the purchasing officer 
shall not proceed further with the solicitation or with the award of 
the contract unless and until the Executive Director makes a written 
determination that the protest is clearly without merit, or that award 
of the contract without delay is necessary to protect substantial 
interests of the Commission, or until the Commission enters a final 
determination under paragraph (h) of this section.
    (l) Exclusive procedure. This section shall be the exclusive 
procedure for protesting a solicitation or award of a contract by a 
bidder or offeror, a prospective bidder or offeror or a prospective 
contractor that is aggrieved in connection with the solicitation or 
award of a contract by the Commission.

    Dated: September 18, 2024.
Jason E. Oyler,
Secretary to the Commission.
[FR Doc. 2024-21694 Filed 9-24-24; 8:45 am]
BILLING CODE 7040-01-P


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