83_FR_55572 83 FR 55358 - Alabama Power Company; Notice of Intent To Prepare Environmental Impact Statement and Soliciting Scoping Comments

83 FR 55358 - Alabama Power Company; Notice of Intent To Prepare Environmental Impact Statement and Soliciting Scoping Comments

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 83, Issue 214 (November 5, 2018)

Page Range55358-55359
FR Document2018-24107

Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018)
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55358-55359]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24107]



[[Page 55358]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2146-111; Project No. 82-000; Project No. 618-000]


Alabama Power Company; Notice of Intent To Prepare Environmental 
Impact Statement and Soliciting Scoping Comments

    On July 28, 2005, Alabama Power Company (Alabama Power) filed, 
pursuant to sections 4(e) and 15 of the Federal Power Act,\1\ an 
application for a single new license to continue operation and 
maintenance of three previously separately licensed projects that 
include seven developments: (1) The Coosa Hydroelectric Project No. 
2146, which comprises the Weiss, H. Neely Henry, Logan Martin, Lay, and 
Bouldin developments; (2) the Mitchell Dam Hydroelectric Project No. 
82; and (3) the Jordan Dam Hydroelectric Project No. 618. The single 
new operating license would combine all of these projects as one 
project, the Coosa River Hydroelectric Project (Coosa River Project) 
No. 2146, with a combined 960.9 megawatts of hydroelectric generating 
capacity. The projects are located on the Coosa River, in the states of 
Alabama and Georgia, and occupy about 280 acres of federal land 
administered by the U.S. Bureau of Land Management.
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    \1\ 16 U.S.C. 797(e) and 808 (2012).
---------------------------------------------------------------------------

    On December 31, 2009, Commission staff issued a final Environmental 
Assessment (EA) for the Coosa River Project. On June 20, 2013 (June 20 
Order), the Commission issued a single new 30-year license to Alabama 
Power for the continued operation and maintenance of the Coosa River 
Project.\2\ On July 18, 2013, Alabama Rivers Alliance and American 
Rivers (jointly) filed a request for rehearing of the Commission's June 
20 Order. On July 22, 2013, Alabama Power and Georgia Environmental 
Protection Division also filed separate requests for rehearing of the 
Commission's June 20 Order.\3\ On April 21, 2016 (April 21 Order), the 
Commission issued an order on rehearing and clarification regarding the 
new license for the project.\4\ On May 17, 2016, Alabama Rivers 
Alliance and American Rivers (jointly) filed a request for rehearing of 
the April 21 Order. On September 12, 2016, the Commission issued an 
order denying rehearing of the April 21 Order. Subsequently, Alabama 
Rivers Alliance and American Rivers (jointly) filed a petition in the 
U.S. Court of Appeals for the District of Columbia Circuit (court), and 
on July 6, 2018, the court issued an opinion vacating and remanding the 
new license to the Commission for further proceedings consistent with 
the opinion.\5\
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    \2\ Alabama Power Company, 143 FERC 61,249 (2013), order on 
reh'g and clarification, 155 FERC 61,080 (2016), order denying 
reh'g, 156 FERC 61,171 (2016).
    \3\ The Atlanta Regional Commission adopted and incorporated by 
reference Georgia Environmental Protection Division's request for 
rehearing.
    \4\ Alabama Power Company, 155 FERC 61,080 (2016).
    \5\ American Rivers v. FERC, 895 F.3d 32 (D.C. Cir. 2018). By 
notice issued on September 10, 2018, the previous licenses for the 
Coosa River, Jordan, and Mitchell Hydroelectric Projects were 
reinstated; each project is currently operating under an annual 
license.
---------------------------------------------------------------------------

    In order to address the issues identified by the court, Commission 
staff intend to prepare a draft and final environmental impact 
statement (EIS) in accordance with the National Environmental Policy 
Act. The EIS will describe and evaluate the probable effects of the 
proposed action and alternatives. The focus of the EIS will be the 
issues identified by the court as requiring further analyses (i.e., 
dissolved oxygen, fish entrainment and turbine mortality, federally 
listed threatened and endangered species, and cumulative effects). For 
the resource areas not the subject of the opinion, the EIS will either 
include or incorporate by reference the analysis in the Commission's 
final EA.
    To support and assist this environmental review, we are conducting 
scoping on the issues to be addressed in the EIS and are issuing a 
scoping document for comment under separate cover. Individuals, 
organizations, and agencies with environmental expertise and concerns 
are encouraged to comment on the scoping document. At this time, we do 
not anticipate holding public or agency scoping meetings.
    With this notice, we are initiating informal consultation with the 
U.S. Fish and Wildlife Service and NOAA Fisheries under section 7 of 
the Endangered Species Act and the joint agency regulations thereunder 
at 50 CFR part 402.
    The deadline for filing scoping comments is 30 days from the 
issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file 
scoping comments using the Commission's eFiling system at https://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 https://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 
[email protected], (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to: 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426. The first page of any filing should include 
docket number P-2146-111.
    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.
    The record for this proceeding is available for review at the 
Commission in the Public Reference Room or 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 documents. 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 filing and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    Copies of the scoping document outlining the subject areas to be 
addressed in the EIS were distributed to the parties on the 
Commission's mailing list. Copies of the scoping document may be viewed 
on the web 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. For assistance, please contact FERC 
Online Support.
    The draft EIS will be sent to all persons and entities on the 
Commission's service and mailing lists for the Coosa River Project. The 
draft EIS will include our recommendations for operating procedures, 
and environmental protection and enhancement measures that should be 
part of any new license issued by the Commission. Recipients will then 
have 60 days to review the draft EIS and file written comments with the 
Commission. All comments filed with the Commission on the final EIS 
will be considered in the Order taking final

[[Page 55359]]

action on the license application. The application will be processed 
according to the following Hydro Licensing Schedule. Revisions to the 
schedule may be made as appropriate.

------------------------------------------------------------------------
                Milestone                           Target date
------------------------------------------------------------------------
Issue Scoping Document..................  October 2018.
Comments Due on Scoping Document........  November 2018.
Issue Revised Scoping Document (if        December 2018.
 necessary).
Issue Additional Information Request (if  December 2018.
 necessary).
Additional Information Response Due.....  March 2019.
Draft EIS Issued........................  August 2019.
Comments Due on Draft EIS...............  October 2019.
Final EIS Issued........................  December 2019.
------------------------------------------------------------------------

    This notice informs all interested individuals, organizations, and 
agencies with environmental expertise and concerns, that: (1) The 
Commission staff has decided to prepare an EIS addressing the issues 
raised by the court; and (2) the comments, recommendations, and terms 
and conditions already on file with the Commission on the application 
will be taken into account in the EIS.
    Any questions regarding this notice may be directed to Aaron 
Liberty at (202) 502-6862, or by email at [email protected].

    Dated: October 30, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-24107 Filed 11-2-18; 8:45 am]
 BILLING CODE 6717-01-P



     55358                       Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices

     DEPARTMENT OF ENERGY                                    American Rivers (jointly) filed a request              www.ferc.gov/docs-filing/
                                                             for rehearing of the April 21 Order. On                ecomment.asp. You must include your
     Federal Energy Regulatory                               September 12, 2016, the Commission                     name and contact information at the end
     Commission                                              issued an order denying rehearing of the               of your comments. For assistance,
                                                             April 21 Order. Subsequently, Alabama                  please contact FERC Online Support at
     [Project No. 2146–111; Project No. 82–000;
                                                             Rivers Alliance and American Rivers                    FERCOnlineSupport@ferc.gov, (866)
     Project No. 618–000]
                                                             (jointly) filed a petition in the U.S.                 208–3676 (toll free), or (202) 502–8659
     Alabama Power Company; Notice of                        Court of Appeals for the District of                   (TTY). In lieu of electronic filing, please
     Intent To Prepare Environmental                         Columbia Circuit (court), and on July 6,               send a paper copy to: Secretary, Federal
     Impact Statement and Soliciting                         2018, the court issued an opinion                      Energy Regulatory Commission, 888
     Scoping Comments                                        vacating and remanding the new license                 First Street NE, Washington, DC 20426.
                                                             to the Commission for further                          The first page of any filing should
        On July 28, 2005, Alabama Power                      proceedings consistent with the                        include docket number P–2146–111.
     Company (Alabama Power) filed,                          opinion.5                                                 The Commission’s Rules of Practice
     pursuant to sections 4(e) and 15 of the                    In order to address the issues                      require all intervenors filing documents
     Federal Power Act,1 an application for                  identified by the court, Commission                    with the Commission to serve a copy of
     a single new license to continue                        staff intend to prepare a draft and final              that document on each person on the
     operation and maintenance of three                      environmental impact statement (EIS) in                official service list for the project.
     previously separately licensed projects                 accordance with the National                           Further, if an intervenor files comments
     that include seven developments: (1)                    Environmental Policy Act. The EIS will                 or documents with the Commission
     The Coosa Hydroelectric Project No.                     describe and evaluate the probable                     relating to the merits of an issue that
     2146, which comprises the Weiss, H.                     effects of the proposed action and                     may affect the responsibilities of a
     Neely Henry, Logan Martin, Lay, and                     alternatives. The focus of the EIS will be             particular resource agency, they must
     Bouldin developments; (2) the Mitchell                  the issues identified by the court as                  also serve a copy of the document on
     Dam Hydroelectric Project No. 82; and                   requiring further analyses (i.e.,                      that resource agency.
     (3) the Jordan Dam Hydroelectric Project                dissolved oxygen, fish entrainment and                    The record for this proceeding is
     No. 618. The single new operating                       turbine mortality, federally listed                    available for review at the Commission
     license would combine all of these                      threatened and endangered species, and                 in the Public Reference Room or may be
     projects as one project, the Coosa River                cumulative effects). For the resource                  viewed on the Commission’s website at
     Hydroelectric Project (Coosa River                      areas not the subject of the opinion, the              http://www.ferc.gov using the eLibrary
     Project) No. 2146, with a combined                      EIS will either include or incorporate by              link. Enter the docket number excluding
     960.9 megawatts of hydroelectric                        reference the analysis in the                          the last three digits in the docket
     generating capacity. The projects are                   Commission’s final EA.                                 number field to access documents. For
     located on the Coosa River, in the states                  To support and assist this                          assistance, contact FERC Online
     of Alabama and Georgia, and occupy                      environmental review, we are                           Support.
     about 280 acres of federal land                         conducting scoping on the issues to be                    You may also register online at http://
     administered by the U.S. Bureau of                      addressed in the EIS and are issuing a                 www.ferc.gov/docs-filing/
     Land Management.                                        scoping document for comment under                     esubscription.asp to be notified via
        On December 31, 2009, Commission                     separate cover. Individuals,                           email of new filing and issuances
     staff issued a final Environmental                      organizations, and agencies with                       related to this or other pending projects.
     Assessment (EA) for the Coosa River                     environmental expertise and concerns                   For assistance, contact FERC Online
     Project. On June 20, 2013 (June 20                      are encouraged to comment on the                       Support.
                                                             scoping document. At this time, we do                     Copies of the scoping document
     Order), the Commission issued a single
                                                             not anticipate holding public or agency                outlining the subject areas to be
     new 30-year license to Alabama Power
                                                             scoping meetings.                                      addressed in the EIS were distributed to
     for the continued operation and
                                                                With this notice, we are initiating                 the parties on the Commission’s mailing
     maintenance of the Coosa River Project.2
                                                             informal consultation with the U.S. Fish               list. Copies of the scoping document
     On July 18, 2013, Alabama Rivers
                                                             and Wildlife Service and NOAA                          may be viewed on the web at http://
     Alliance and American Rivers (jointly)
                                                             Fisheries under section 7 of the                       www.ferc.gov using the eLibrary link.
     filed a request for rehearing of the
                                                             Endangered Species Act and the joint                   Enter the docket number excluding the
     Commission’s June 20 Order. On July
                                                             agency regulations thereunder at 50 CFR                last three digits in the docket number
     22, 2013, Alabama Power and Georgia
                                                             part 402.                                              field to access the document. For
     Environmental Protection Division also
                                                                The deadline for filing scoping                     assistance, please contact FERC Online
     filed separate requests for rehearing of
                                                             comments is 30 days from the issuance                  Support.
     the Commission’s June 20 Order.3 On                                                                               The draft EIS will be sent to all
                                                             date of this notice.
     April 21, 2016 (April 21 Order), the                       The Commission strongly encourages                  persons and entities on the
     Commission issued an order on                           electronic filing. Please file scoping                 Commission’s service and mailing lists
     rehearing and clarification regarding the               comments using the Commission’s                        for the Coosa River Project. The draft
     new license for the project.4 On May 17,                eFiling system at https://www.ferc.gov/                EIS will include our recommendations
     2016, Alabama Rivers Alliance and                       docs-filing/efiling.asp. Commenters can                for operating procedures, and
       1 16
                                                             submit brief comments up to 6,000                      environmental protection and
            U.S.C. 797(e) and 808 (2012).
       2 Alabama   Power Company, 143 FERC 61,249            characters, without prior registration,                enhancement measures that should be
     (2013), order on reh’g and clarification, 155 FERC      using the eComment system at https://                  part of any new license issued by the
     61,080 (2016), order denying reh’g, 156 FERC                                                                   Commission. Recipients will then have
     61,171 (2016).                                             5 American Rivers v. FERC, 895 F.3d 32 (D.C. Cir.   60 days to review the draft EIS and file
       3 The Atlanta Regional Commission adopted and
                                                             2018). By notice issued on September 10, 2018, the     written comments with the
     incorporated by reference Georgia Environmental         previous licenses for the Coosa River, Jordan, and
     Protection Division’s request for rehearing.            Mitchell Hydroelectric Projects were reinstated;
                                                                                                                    Commission. All comments filed with
       4 Alabama Power Company, 155 FERC 61,080              each project is currently operating under an annual    the Commission on the final EIS will be
     (2016).                                                 license.                                               considered in the Order taking final


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                                           Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices                                                                                            55359

     action on the license application. The                                    Schedule. Revisions to the schedule
     application will be processed according                                   may be made as appropriate.
     to the following Hydro Licensing

                                                                                             Milestone                                                                                                    Target date

     Issue Scoping Document ..................................................................................................................................................................          October 2018.
     Comments Due on Scoping Document ............................................................................................................................................                      November 2018.
     Issue Revised Scoping Document (if necessary) ............................................................................................................................                         December 2018.
     Issue Additional Information Request (if necessary) ........................................................................................................................                       December 2018.
     Additional Information Response Due ..............................................................................................................................................                 March 2019.
     Draft EIS Issued ...............................................................................................................................................................................   August 2019.
     Comments Due on Draft EIS ............................................................................................................................................................             October 2019.
     Final EIS Issued ...............................................................................................................................................................................   December 2019.



       This notice informs all interested                                      constitute a major federal action                                          For assistance, please contact FERC
     individuals, organizations, and agencies                                  significantly affecting the quality of the                                 Online Support at FercOnlineSupport@
     with environmental expertise and                                          human environment.                                                         ferc.gov or toll free at (866) 208–3676, or
     concerns, that: (1) The Commission staff                                     The U.S. Department of                                                  for TTY, contact (202) 502–8659.
     has decided to prepare an EIS                                             Transportation participated as a                                              Any person wishing to comment on
     addressing the issues raised by the                                       cooperating agency in the preparation of                                   the EA may do so. Your comments
     court; and (2) the comments,                                              the EA. Cooperating agencies have                                          should focus on the EA’s disclosure and
     recommendations, and terms and                                            jurisdiction by law or special expertise                                   discussion of potential environmental
     conditions already on file with the                                       with respect to resources potentially                                      effects, reasonable alternatives, and
     Commission on the application will be                                     affected by the proposal and participate                                   measures to avoid or lessen
     taken into account in the EIS.                                            in the NEPA analysis.                                                      environmental impacts. The more
       Any questions regarding this notice                                        The proposed Empire North Project                                       specific your comments, the more useful
     may be directed to Aaron Liberty at                                       includes the following facilities:                                         they will be. To ensure that the
     (202) 502–6862, or by email at                                               • A new 21,000 horsepower                                               Commission has the opportunity to
     aaron.liberty@ferc.gov.                                                   compressor station in Jackson                                              consider your comments prior to
       Dated: October 30, 2018.                                                Township, Tioga County, Pennsylvania;                                      making its decision on this project, it is
     Kimberly D. Bose,                                                            • a new 32,000 horsepower                                               important that we receive your
                                                                               compressor station in the Town of                                          comments in Washington, DC, on or
     Secretary.
                                                                               Farmington, Ontario County, New York;                                      before 5:00 p.m. Eastern Time on
     [FR Doc. 2018–24107 Filed 11–2–18; 8:45 am]
                                                                                  • modifications of the existing                                         November 29, 2018.
     BILLING CODE 6717–01–P
                                                                               regulator valves and station piping and                                       For your convenience, there are three
                                                                               installation of metering facilities at the                                 methods you can use to file your
                                                                               existing New Victor Regulator Station in                                   comments to the Commission. The
     DEPARTMENT OF ENERGY
                                                                               Ontario County, New York;                                                  Commission encourages electronic filing
     Federal Energy Regulatory                                                    • minor modifications to the existing                                   of comments and has staff available to
     Commission                                                                Jackson Meter and Regulator Station in                                     assist you at (866) 208–3676 or
                                                                               Jackson Township, Tioga County,                                            FercOnlineSupport@ferc.gov. Please
     [Docket No. CP18–89–000]                                                  Pennsylvania; and                                                          carefully follow these instructions so
                                                                                  • upgrading the maximum allowable                                       that your comments are properly
     Notice of Availability of the
                                                                               operating pressure of the Empire                                           recorded.
     Environmental Assessment for the
                                                                               Connector Pipeline from 1,290 to 1,440                                        (1) You can file your comments
     Proposed Empire North Project;
                                                                               pounds per square inch gauge.                                              electronically using the eComment
     Empire Pipeline, Inc.
                                                                                  The Commission mailed a copy of the                                     feature on the Commission’s website
       The staff of the Federal Energy                                         Notice of Availability to federal, state,                                  (www.ferc.gov) under the link to
     Regulatory Commission (FERC or                                            and local government representatives                                       Documents and Filings. This is an easy
     Commission) has prepared an                                               and agencies; elected officials; Native                                    method for submitting brief, text-only
     environmental assessment (EA) for the                                     American tribes; other interested                                          comments on a project;
     Empire North Project, proposed by                                         parties; and local libraries and                                              (2) You can also file your comments
     Empire Pipeline, Inc. (Empire) in the                                     newspapers. The EA is only available in                                    electronically using the eFiling feature
     above-referenced docket. Empire                                           electronic format. It may be viewed and                                    on the Commission’s website
     requests authorization to construct and                                   downloaded from the FERC’s website                                         (www.ferc.gov) under the link to
     operate gas compression facilities in                                     (www.ferc.gov), on the Environmental                                       Documents and Filings. With eFiling,
     Tioga County, Pennsylvania, and                                           Documents page (https://www.ferc.gov/                                      you can provide comments in a variety
     Ontario County, New York.                                                 industries/gas/enviro/eis.asp). In                                         of formats by attaching them as a file
       The EA assesses the potential                                           addition, the EA may be accessed by                                        with your submission. New eFiling
     environmental effects of construction                                     using the eLibrary link on the FERC’s                                      users must first create an account by
     and operation of the Empire North                                         website. Click on the eLibrary link                                        clicking on eRegister. You must select
     Project in accordance with the                                            (https://www.ferc.gov/docs-filing/                                         the type of filing you are making. If you
     requirements of the National                                              elibrary.asp), click on General Search,                                    are filing a comment on a particular
     Environmental Policy Act (NEPA). The                                      and enter the docket number in the                                         project, please select ‘‘Comment on a
     FERC staff concludes that approval of                                     Docket Number field, excluding the last                                    Filing;’’ or
     the proposed project, with appropriate                                    three digits (i.e., CP18–89). Be sure you                                     (3) You can file a paper copy of your
     mitigating measures, would not                                            have selected an appropriate date range.                                   comments by mailing them to the


VerDate Sep<11>2014         18:38 Nov 02, 2018         Jkt 247001      PO 00000        Frm 00014       Fmt 4703       Sfmt 4703      E:\FR\FM\05NON1.SGM              05NON1



Document Created: 2018-11-03 00:28:25
Document Modified: 2018-11-03 00:28:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 55358 

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