Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices 80549 

1Qualifying Facility Rates & Requirements; 

Implementation Issues Under the Pub. Util. Regul. 

Policies Act of 1978, Order No. 872, 172 FERC 

¶ 61,041, order on reh’g, Order No. 872–A, 173 

FERC ¶ 61,158 (2020), aff’d in part and remanded 

in part sub nom. Solar Energy Indus. Ass’n v. FERC, 

80 F.4th 956 (9th Cir. 2023) (Solar Energy). 

2 16 U.S.C. 796(17)–(18), 824a–3. 

3 42 U.S.C. 4321 et seq.; see also 18 CFR pt. 380 

(2023) (Commission’s regulations implementing 

NEPA). 

4Solar Energy, 80 F.4th at 996–97. 

period notice will be the only public 

comment notice published for this 

information collection. 

Dated: September 30, 2024. 

Kun Mullan, 

PRA Coordinator, Strategic Collections and 

Clearance, Governance and Strategy Division, 

Office of Chief Data Officer, Office of 

Planning, Evaluation and Policy 

Development. 

[FR Doc. 2024–22792 Filed 10–2–24; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 15360–000] 

Low Head Hydro M 11, LLC; Notice of 

Preliminary Permit Application 

Accepted for Filing and Soliciting 

Comments, Motions To Intervene, and 

Competing Applications 

On June 4, 2024, Low Head Hydro M 

11, LLC filed an application for a 

preliminary permit, pursuant to section 

4(f) of the Federal Power Act (FPA), 

proposing to study the feasibility of the 

proposed Mississippi Locks and Dam 11 

Hydroelectric Project, a hydropower 

project proposed to be located at the 

U.S. Army Corps of Engineers’ (Corps) 

Mississippi Lock and Dam located on 

the Mississippi River, near Dubuque, 

Iowa. The sole purpose of a preliminary 

permit, if issued, is to grant the permit 

holder priority to file a license 

application during the permit term. A 

preliminary permit does not authorize 

the permit holder to perform any landdisturbing activities or otherwise enter 

upon lands or waters owned by others 

without the owners’ express permission. 

The proposed Mississippi Locks and 

Dam 11 Hydroelectric Project would 

consist of the following: (1) an 

impoundment approximately 19,613 

acres with a storage capacity of 170,000 

acre-feet; (2) a 200-foot-long and 300- 

foot-wide intake area located upstream 

of the powerhouse; (3) a 120-foot long 

and 276-foot-wide powerhouse located 

adjacent to the left bank of the existing 

Corps’ dam; (4) nine vertical Kaplan 

turbine-generators rated at 1.57 

megawatt (MW) each installed in the 

new powerhouse, for a total installed 

capacity of 14.13 MW; (5) a 13- 

megavolt-ampere, 4.16/69-kilovolt (kV) 

three-phase step-up transformer located 

adjacent to the powerhouse in a new, 

50-foot-wide by 60-foot-long substation; 

(6) a 1.52-mile-long, single overhead 

three-phase 69-kV line extending from 

the substation to the interconnection 

point; (7) new concrete guide walls 

constructed upstream and downstream 

of the powerhouse; (8) a 276-foot-wide 

and 400-foot-long unlined earthen 

excavation tailrace area having stone 

riprap placed in the areas of higher 

velocity; and (9) appurtenant facilities. 

The proposed project would have an 

estimated annual generation of 91 

gigawatt-hours. 

Applicant Contact: Allen W. Skelly, 

Low Head Hydro M 11, LLC, 127 

Longwood Blvd., Mount Orab, Ohio 

45154; phone: (937) 802–8866. 

FERC Contact: Shivani Khetani; 

phone: (212) 273–5917, or by email at 

shivani.khetani@ferc.gov. 

Deadline for filing comments, motions 

to intervene, competing applications 

(without notices of intent), or notices of 

intent to file competing applications: 60 

days from the issuance of this notice. 

Competing applications and notices of 

intent must meet the requirements of 18 

CFR 4.36. 

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. 

The Commission strongly encourages 

electronic filing. Please file comments, 

motions to intervene, notices of intent, 

and competing applications using the 

Commission’s eFiling system at https:// 

ferconline.ferc.gov/eFiling.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 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: Debbie-Anne A. Reese, Acting 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street NE, Room 

1A, Washington, DC 20426. 

Submissions sent via any other carrier 

must be addressed to: Debbie-Anne A. 

Reese, Acting Secretary, Federal Energy 

Regulatory Commission, 12225 Wilkins 

Avenue, Rockville, Maryland 20852. 

The first page of any filing should 

include docket number P–15360–000. 

More information about this project, 

including a copy of the application, can 

be viewed or printed on the ‘‘eLibrary’’ 

link of the Commission’s website at 

https://elibrary.ferc.gov/eLibrary/search. 

Enter the docket number (P–15360) in 

the docket number field to access the 

document. For assistance, contact FERC 

Online Support. 

Dated: September 27, 2024. 

Debbie-Anne A. Reese, 

Acting Secretary. 

[FR Doc. 2024–22848 Filed 10–2–24; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. RM19–15–002; AD16–16–002] 

Qualifying Facility Rates and 

Requirements Implementation Issues 

Under the Public Utility Regulatory 

Policies Act of 1978; Notice of 

Schedule for the Preparation of an 

Environmental Assessment for 

Qualifying Facility Rates and 

Requirements Implementation Issues 

Under the Public Utility Regulatory 

Policies Act of 1978 

On July 16, 2020, the Federal Energy 

Regulatory Commission (Commission) 

issued Order No. 872,1 approving 

certain revisions to its regulations 

implementing sections 201 and 210 of 

the Public Utility Regulatory Policies 

Act of 1978 (PURPA).2 On September 5, 

2023, the U.S. Court of Appeals for the 

Ninth Circuit (Ninth Circuit) remanded 

Order No. 872, without vacatur, based 

on its finding that, pursuant to the 

National Environmental Policy Act 

(NEPA),3 the Commission must prepare 

an environmental assessment (EA) 

analyzing the potential impacts of the 

rule on climate change and air quality.4

This notice identifies Commission 

staff’s intention to prepare an EA for 

Order No. 872 and sets forth the 


ddrumheller on DSK120RN23PROD with NOTICES1
80550 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices 

5 40 CFR 1501.10(b) (2024). In accordance with 

the Council on Environmental Quality’s regulations, 

the unique identification number for documents 

relating to this environmental review is EAXX–19– 

20–000–1726219809. 40 CFR 1501.5(c)(4). 

6Solar Energy, 80 F.4th at 997. 

7 Id. at 994. (‘‘We agree with FERC that it could 

not reasonably consider the local effects of Order 

872 on, say, vegetation, water quality, and wildlife 

because it could not predict which States would 

adopt which components of Order 872.’’). 

8See 40 CFR 1501.8. 

planned schedule for completion of the 

environmental review.5

Schedule for Environmental Review 

Issuance of EA December 19, 2024 

End of Public Comment Period January 

21, 2025 

If a schedule change becomes 

necessary, additional notice will be 

provided so that the relevant agencies 

are kept informed of the progress. 

Summary of Order No. 872 

In Order No. 872, the Commission 

revised its regulations under PURPA 

sections 201 and 210 regarding 

qualifying facilities (QF). Among those 

revisions, the Commission granted 

states certain flexibilities in setting a 

QF’s energy and capacity rates. The 

Commission modified its ‘‘one-mile 

rule’’ for determining whether 

generation facilities are at the same site 

for purposes of determining 

qualification as a qualifying small 

power production facility, and further 

clarified how the distance between 

facilities is to be calculated. The 

Commission also allowed an entity to 

challenge QF certification without being 

required to file a separate petition for 

declaratory order. The Commission 

additionally updated the threshold, 

from 5 megawatts (MW) to 20 MW, for 

small power production facilities 

entitled to a rebuttable presumption that 

they have nondiscriminatory access to 

certain markets. The Commission 

clarified that a QF must demonstrate 

commercial viability and a financial 

commitment before it is entitled to a 

legally enforceable obligation. Finally, 

the Commission determined that it was 

not required to conduct an EA or 

environmental impact statement before 

issuing Order No. 872. 

In Solar Energy, the Ninth Circuit 

upheld the specific reforms in Order No. 

872 but found that the Commission 

violated NEPA by failing to prepare an 

EA before promulgating the final rule.6

Finding that extraordinary disruptive 

circumstances would accompany 

vacatur, the Ninth Circuit remanded the 

final rule without vacatur, so that the 

Commission could prepare an EA. 

Commission staff intends to prepare 

an EA for Order No. 872 in accordance 

with the schedule above. 

Resource Areas Under Consideration 

Consistent with the Ninth’s Circuit’s 

opinion, the EA will analyze Order No. 

872’s potential impacts on climate 

change and air quality, including any 

reasonably foreseeable greenhouse gas 

emissions and any environmental 

justice impacts resulting from these 

emissions. The EA will not analyze: 

geology; soils; water resources and 

wetlands; vegetation and wildlife; 

threatened, endangered, and candidate 

species; cultural resources; and land use 

and aesthetics.7

Additional Information 

With this notice, the Commission is 

asking agencies with jurisdiction by law 

or special expertise with respect to the 

environmental issues of this final rule to 

formally cooperate in the preparation of 

the environmental document.8 Agencies 

that would like to request cooperating 

agency status should file their request 

with the Commission following the 

method described below. 

The Commission strongly encourages 

electronic filing. Please file 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 

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: Debbie-Anne A. Reese, 

Acting Secretary, Federal Energy 

Regulatory Commission, 888 First Street 

NE, Room 1A, Washington, DC 20426. 

Submissions sent via any other carrier 

must be addressed to: Debbie-Anne A. 

Reese, Acting Secretary, Federal Energy 

Regulatory Commission, 12225 Wilkins 

Avenue, Rockville, Maryland 20852. 

The first page of any filing should 

include the docket number RM19–15– 

002. Comments emailed to Commission 

staff are not considered part of the 

Commission record. 

In order to receive notification of the 

issuance of the EA and to keep track of 

formal issuances and submittals in 

specific dockets, the Commission offers 

a free service called eSubscription. This 

service provides automatic notification 

of filings made to subscribed dockets, 

document summaries, and direct links 

to the documents. Go to https://

www.ferc.gov/ferc-online/overview to 

register for eSubscription. 

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, the 

public is encouraged to contact OPP at 

(202) 502–6595 or OPP@ferc.gov. 

Additional information about the final 

rule is available from the Commission’s 

Office of External Affairs at (866) 208– 

FERC or on the FERC website 

(www.ferc.gov). Using the ‘‘eLibrary’’ 

link, select ‘‘General Search’’ from the 

eLibrary menu, enter the selected date 

range and ‘‘Docket Number’’ excluding 

the last three digits (i.e., RM19–15), and 

follow the instructions. For assistance 

with access to eLibrary, the helpline can 

be reached at (866) 208–3676, TTY (202) 

502–8659, or at FERCOnlineSupport@

ferc.gov. The eLibrary link on the FERC 

website also provides access to the texts 

of formal documents issued by the 

Commission, such as orders, notices, 

and rule makings. 

Dated: September 26, 2024. 

Debbie-Anne A. Reese, 

Acting Secretary. 

[FR Doc. 2024–22755 Filed 10–2–24; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following electric corporate 

filings: 

Docket Numbers: EC24–123–000. 

Applicants: Shady Hills Power 

Company, L.L.C., Solar Partners I, LLC, 

Solar Partners II, LLC, Solar Partners 

VIII, LLC, Power Holding LLC, Linden 

VFT, LLC. 

Description: Joint Application for 

Authorization Under Section 203 of the 

Federal Power Act of Power Holding 

LLC, et al. 

Filed Date: 9/25/24. 

Accession Number: 20240925–5137. 

Comment Date: 5 p.m. ET 10/16/24. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER16–1341–003. 

Applicants: Southwest Power Pool, 

Inc. 


ddrumheller on DSK120RN23PROD with NOTICES1