[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Notices]
[Pages 28822-28823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10103]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3562-026]


KEI (Maine) Power Management (III) LLC; Notice of Settlement 
Agreement and Soliciting Comments

    Take notice that the following settlement agreement has been filed 
with the Commission and is available for public inspection.
    a. Type of Application: Settlement Agreement.
    b. Project No.: 3562-026.
    c. Date filed: April 29, 2022.
    d. Applicant: KEI (Maine) Power Management (III) LLC.
    e. Name of Project: Barker Mill Upper Hydroelectric Project (a.k.a. 
Upper Barker Project).
    f. Location: On the Little Androscoggin River, in the City of 
Auburn, Androscoggin County, Maine. The project does not affect federal 
lands.
    g. Filed Pursuant to: Rule 602 of the Commission's Rules of 
Practice and Procedure, 18 CFR 385.602.
    h. Applicant Contact: Lewis C. Loon, General Manager, KEI (USA) 
Power Management Inc., 423 Brunswick Avenue, Gardiner, ME 04345; phone 
at (207) 203-3027; email at <a href="/cdn-cgi/l/email-protection#bbf7deccd2c8f895f7d4d4d5fbd0c9cededcdec995d8d4d6"><span class="__cf_email__" data-cfemail="ce82abb9a7bd8de082a1a1a08ea5bcbbaba9abbce0ada1a3">[email protected]</span></a>.
    i. FERC Contact: John Matkowski, telephone (202) 502-8576, and 
email <a href="/cdn-cgi/l/email-protection#99f3f6f1f7b7f4f8edf2f6eeeaf2f0d9fffcebfab7fef6ef"><span class="__cf_email__" data-cfemail="7b1114131555161a0f10140c0810123b1d1e0918551c140d">[email protected]</span></a>.
    j. Deadline for filing comments: May 25, 2022. Reply comments due 
June 4, 2022.
    The Commission strongly encourages electronic filing. Please file 
comments 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#f9bfbcabbab6979590979caa8c8989968b8db99f9c8b9ad79e968f"><span class="__cf_email__" data-cfemail="377172657478595b5e595264424747584543775152455419505841">[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, 
Maryland 20852. The first page of any filing should include docket 
number P-3562-026.
    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. KEI (Maine) Power Management (III) LLC (KEI Power) filed a 
Settlement Agreement for the Barker's Mill Project (FERC No. 2808),\1\ 
Upper Barker Project (FERC No. 3562), and Marcal Project (FERC No. 
11482) (Settlement) executed by and between the licensee and the U.S. 
Department of Justice, the U.S. Fish and Wildldife Service, the 
National Marine Fisheries Service, the Maine

[[Page 28823]]

Department of Marine Resources (Maine DMR), and the Maine Department of 
Inland Fisheries and Widlife (Settlement Parties). The purpose of the 
Settlement is to resolve the parties' disagreements over the issues 
related to fish and aquatic resource management, including upstream and 
downstream passage measures for American eel, river herring, American 
shad, sea lamprey, and Atlantic salmon; minimum flow releases; and, 
aquatic invasive species. Specifically for the relicensing of the Upper 
Barker Project, the Settlement provides for: (1) Coordinating the time 
frame for providing upstream and downstream fish passage at the Upper 
Barker Project; (2) aligning the minimum and seasonal flows at the 
Upper Barker and the Lower Barker Projects; (3) aligning the Upper 
Barker and Lower Barker Projects license terms by extending the 40-year 
license term of the Lower Barker Project to 50 years and requesting a 
license term of 47 years for the Upper Barker Project; (4) establishing 
an off-license agreement to fund an Androscoggin Basin Stewardship Fund 
administered by Maine DMR to benefit spawning and rearing habitat in 
the basin; and (5) assuring, through an off-license agreement, the 
resources agencies' support for KEI Power's request for Low Impact 
Hydropower Institute certification for the Upper Barker Project.
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    \1\ The Barker's Mill Project is also known as and referred 
herein as the Lower Barker Project.
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    l. A copy of the Settlement Agreement is available for review 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 (i.e., P-3562). For 
assistance, contact FERC Online Support.
    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, contact FERC 
Online Support.

    Dated: May 5, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-10103 Filed 5-10-22; 8:45 am]
BILLING CODE 6717-01-P


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