83 FR 8253 - Boyce Hydro Power, LLC; Order Proposing Revocation of License
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 83, Issue 38 (February 26, 2018)
Federal Energy Regulatory Commission
Federal Register Volume 83, Issue 38 (February 26, 2018)
| Page Range | 8253-8255 | |
| FR Document | 2018-03821 |
[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)] [Notices] [Pages 8253-8255] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03821] [[Page 8253]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 10808-058] Boyce Hydro Power, LLC; Order Proposing Revocation of License 1. Boyce Hydro Power, LLC (Boyce Hydro or licensee) is in violation of numerous provisions of its license for the Edenville Hydroelectric Project No. 10808 (Edenville Project), the Federal Power Act (FPA), and multiple Commission regulations and orders, including a Compliance Order issued pursuant to section 31(a) of the Federal Power Act.\1\ As discussed below, the Commission proposes to revoke the license pursuant to section 31(b) of the FPA. --------------------------------------------------------------------------- \1\ Boyce Hydro Power, LLC, 159 FERC 62,292 (2017) (Compliance Order). --------------------------------------------------------------------------- I. Background 2. On October 16, 1998, the Commission issued a license for the Edenville Project, a 4.8-megawatt (MW) hydroelectric project located in Gladwin and Midland counties, Michigan.\2\ The Edenville Project consists of earthen embankments, known as the Edenville dam, totaling about 6,600 feet in length and having a maximum height of 54.5 feet. It spans both the Tittabawassee and Tobacco Rivers, creating a 2,600-acre reservoir known as Wixom Lake with a gross storage capacity of about 40,000 acre-feet and a 49-mile-long shoreline at full pool. There is a 50-foot-long intake leading to the powerhouse located at the dam on the eastern side of the project. The powerhouse contains two 2.4-MW Francis-type turbine generator units for a total installed capacity of 4.8 MW. The project creates a 0.4-mile-long bypassed reach on the Tobacco River that extends from the dam to the point where the Tobacco River meets the Tittabawassee River. The project also includes two reinforced concrete multiple arch spillways. The 69-foot-wide, 39-foot- high Tittabawassee spillway (also referred to as the Edenville spillway) is located on the eastern side of the project and contains three Tainter gates and two low-level sluice gates. The Tobacco spillway is about 72 feet long and 72 feet wide with a crest height of about 40 feet, and contains three steel Tainter gates located on the western side of the project. --------------------------------------------------------------------------- \2\ Wolverine Power Corporation, 85 FERC 61,063 (1998). The license was transferred from Wolverine Power Corporation to Synex Michigan, LLC on June 23, 2004. See Wolverine Power Corporation and Synex Michigan, LLC, 107 FERC 62,266 (2004). Synex Michigan, LLC changed its name to Boyce Hydro Power, LLC, and filed a statement with the Commission on July 12, 2007, to this effect. See Notice of Change in Licensee's Name (filed July 12, 2007). --------------------------------------------------------------------------- 3. Boyce Hydro's license includes terms and conditions concerning dam safety, property rights, water quality, public recreation and safety, and other areas of public concern. Boyce Hydro has a long history of non-compliance with those terms and conditions and with related provisions in the FPA and Commission regulations and orders. The Compliance Order, which was issued pursuant to section 31 of the FPA on June 15, 2017, detailed this history and staff's multi-year effort to bring Boyce Hydro into compliance.\3\ In particular, the Compliance Order explained that Boyce Hydro: (1) Failed to increase the capacity of spillways to enable them to pass the probable maximum flood (PMF) as required by Regional Engineer directives, license Article 4, and Part 12 of the Commission's regulations; \4\ (2) performed unauthorized dam repairs in violation of Regional Engineer directives and Part 12 of the Commission's regulations; \5\ (3) performed unauthorized earth-moving activities in violation of Standard Articles 19-21 of the license; \6\ (4) failed to file an adequate Public Safety Plan in violation of Regional Engineer directives and Part 12 of the Commission's regulations; \7\ (5) unduly restricted public access to project facilities and failed to construct approved recreation facilities in violation of Standard Article 18 and Article 410 of the license and the Commission's Orders Modifying and Approving Recreation Plan; \8\ (6) failed to acquire and document all necessary project property rights in violation of Standard Article 5 of the license; \9\ and (7) failed to comply with the Commission's 1999 Order approving Boyce Hydro's Water Quality Monitoring Plan in violation of that order and Article 402 of the license.\10\ The Commission's primary concern has been the licensee's longstanding failure to address the project's inadequate spillway capacity, which currently is designed to pass only approximately 50 percent of the PMF. Failure of the Edenville dam could result in the loss of human life and the destruction of property and infrastructure. --------------------------------------------------------------------------- \3\ Boyce Hydro Power, LLC, 159 FERC 62,292 (2017) (Compliance Order). \4\ See Compliance Order, at PP 5-26. \5\ See id. PP 35-46. \6\ See id. PP 54-76. \7\ See id. PP 84-86. \8\ See id. PP 92-107 (identifying, among others, violations of Wolverine Power Corporation, 96 FERC 62,055 (2001) and Synex Michigan, LLC, (Dec. 5, 2006) (unpublished order)). \9\ See id. PP 116-124. \10\ See id. PP 134-141. --------------------------------------------------------------------------- 4. Ordering Paragraphs (A) through (M) of the Compliance Order required Boyce Hydro to provide specific plans, specifications, reports and other information to address the violations identified in that order and to come into compliance with the Commission's regulations and the terms of its license. On July 14, 2017, and July 27, 2017, the licensee filed two requests for more time to comply with certain requirements in the Compliance Order. By orders issued July 25, 2017, and August 15, 2017, the extensions that the licensee requested were granted, with the exception of one portion of the second requested extension, which the order determined could be completed in the time provided in the first extension without the need for a second.\11\ Those extensions were granted based on representations made by the licensee and its counsel regarding steps that the licensee was taking to satisfy the requirements of the Compliance Order. --------------------------------------------------------------------------- \11\ The first order granted an additional 30 days to comply with the requirements in ordering paragraphs (B), (C), (D), (E), (F), and (G) of the Compliance Order. The second order granted more time to comply with ordering paragraphs (B), (G), and (D), but denied more time for complying with ordering paragraph (F). --------------------------------------------------------------------------- 5. Boyce Hydro failed to comply with obligations set out in each of the ordering paragraphs in the Compliance Order, except for the obligations to acquire and document certain property rights (although the lack of designs for the new and revised spillways makes it difficult to determine if it has acquired all necessary property rights) \12\ and to implement certain requirements in the project's approved Water Quality Monitoring Plan. --------------------------------------------------------------------------- \12\ In filings made with the Commission on July 26, 2017, August 22, 2017, and January 22, 2018, Boyce Hydro states that it possesses the necessary property rights over the land within the project boundary and that it has acquired rights to land (and has ability to acquire rights to additional land) that may be necessary to complete construction of the Tobacco River Auxiliary Spillway. However, because the licensee has not provided plans and specifications for the Tittabawassee Auxiliary Spillway or provided other documentation specific to where the Tittabawassee Auxiliary Spillway will be constructed, Commission staff is still uncertain if the licensee has, in fact, obtained rights to all land necessary for the construction of the Tittabawassee Auxiliary Spillway, as required by the Compliance Order. --------------------------------------------------------------------------- 6. Boyce Hydro violated the following ordering paragraphs in the Compliance Order and associated orders extending time:Ordering paragraph (B) directed: For the Tobacco River Auxiliary Spillway: By July 15, 2017 (extended to September 18, 2017), the licensee was required to file a complete design [[Page 8254]] package with the Commission's Division of Dam Safety and Inspection, Chicago Regional Engineer (Regional Engineer) for a Tobacco River Auxiliary Spillway. The design package must fully address all items noted in the Regional Engineer's letter to the licensee dated June 6, 2016. Ordering paragraph (D) directed: For the Tittabawassee River Auxiliary Spillway: By August 14, 2017 (extended to November 14, 2017), the licensee was required to file with the Regional Engineer, plans, specifications, and a schedule to construct a Tittabawassee River Auxiliary Spillway. Ordering paragraph (F) directed: By October 13, 2017 (extended to November 14, 2017), the licensee was required to file with the Regional Engineer, a plan and schedule for additional modifications to the project to meet the full (100%) Probable Maximum Flood. Ordering paragraph (G) directed: By July 30, 2017 (extended to September 30, 2017), the licensee was required to file with the Regional Engineer, complete plans and specifications for permanent repairs to both left and right Tobacco River abutment spillway walls, a complete work schedule, detailed drawings, a water management plan, an erosion control plan, a Temporary Construction Emergency Action Plan, and a Quality Control Inspection Program as originally specified in the Regional Engineer's letter to the licensee issued December 8, 2016. Ordering paragraph (J) directed: By September 13, 2017, the licensee was required to provide reasonable access to project lands and waters for the public and to file documentation that such access has been provided. The licensee's documentation must include photographs showing that gates restricting access to parking and fishing areas are open, that fencing blocking access to recreation features has been removed, and that reasonable access to the water is allowed. The licensee's documentation must also include a statement from the licensee affirming its compliance with the access provisions of Article 18. Ordering paragraph (K) directed: By September 13, 2017, the licensee was required to file with the Regional Engineer, a complete design package for construction of all recreation facilities required by the project's approved Recreation Plan. The approved recreation facilities for the Tittabawassee side include: A parking lot for 15 cars off of State Highway 30, a parking lot with two handicapped spaces, a barrier-free restroom, a railed handicapped-accessible fishing pier next to the powerhouse, two canoe portages, access paths, and signs that identify the recreation facilities. The approved recreation facilities for the Tobacco side include: A parking lot for 15 cars off of State Highway 30, an access path, stairs to a railed fishing pier, and signs that identify the recreation facilities. Within 90 days of completing this work, the licensee must file documentation including as-built drawings and photographs demonstrating that the recreation facilities in the approved Recreation Plan have been constructed. 7. Boyce Hydro failed to make the filings required by ordering paragraphs (B), (D), (F), (G), (J), and (K) of the Compliance Order. It claims to have started the process of preparing the design package for the Tobacco River Auxiliary Spillway that was required by Ordering Paragraph (B), but it requested an additional four to five-month extension to complete that design package.\13\ And that is only the design of the Tobacco River Auxiliary Spillway--Boyce Hydro claims that it lacks the funds to actually construct the spillway and will need to save money over some unspecified period of time (and resolve outstanding state permitting issues) before it can start construction.\14\ Of course, this addresses just one of the two auxiliary spillways it must design and construct and does not include the other modifications that it will need to make to satisfy PMF requirements and/or to satisfy its obligations under the Compliance Order. --------------------------------------------------------------------------- \13\ See, e.g., Boyce Hydro Power, LLC, Docket Nos. P-10808-047 & -053, at 8-9 (Dec. 1, 2017). \14\ See id. at 9-10. --------------------------------------------------------------------------- 8. Boyce Hydro did not seek rehearing of the Compliance Order, and it has admitted that it failed to meet the obligations imposed by that order.\15\ It remains in violation of its license, the FPA, and Commission regulations and orders.\16\ --------------------------------------------------------------------------- \15\ See id. at 8-15 (admitting, among other things, Boyce Hydro's failure to comply with Ordering Paragraphs (B), (D), (F), (G), (J), and (K) of the Compliance Order and requesting further extensions and/or a stay of those obligations). \16\ On November 20, 2017, Commission staff issued an order requiring Boyce Hydro to cease generating at the Edenville Project, and Boyce Hydro filed a timely request for rehearing of that order. Concurrent with this Order Proposing Revocation, we are issuing an order denying rehearing of the Cease Generation Order. --------------------------------------------------------------------------- II. Discussion 9. Under section 31(b) of the FPA,\17\ after providing notice and an opportunity for an evidentiary hearing, we may issue an order revoking a license if we find that the licensee knowingly violated a final compliance order and was given a reasonable time to comply with that order before the revocation proceeding was commenced.\18\ In addition, section 31(b) provides that the Compliance Order shall be subject to de novo review and that the Commission shall consider the nature and seriousness of the violation and the licensee's efforts to remedy the violation. --------------------------------------------------------------------------- \17\ See 16 U.S.C. 823b(b) (2012). Section 31(b) provides that after notice and an opportunity for an evidentiary hearing, the Commission may issue an order revoking a license, where the licensee is found by the Commission to have knowingly violated a final order and has been given reasonable time to comply fully with that order. \18\ See e.g. Eastern Hydroelectric Corp., 149 FERC 61,036 (2014), reh'g denied, 150 FERC 61,099 (2015) (revoking license for failure to construct a required fish passage); Virginia Hydrogeneration and Historical Society, L.C., 104 FERC 61,282 (2003) (proposing revocation of license for failure to comply with environmental conditions); Energy Alternatives of North America, Inc., 68 FERC ] 61,196 (1994) (proposing revocation of the license for failure to comply with public safety requirements). --------------------------------------------------------------------------- 10. This order provides notice that we propose to revoke the license for the Edenville Project No. 10808 under section 31(b). As explained in the Compliance Order, Boyce Hydro has failed for many years to comply with significant license and safety requirements, notwithstanding having been given opportunities to come into compliance. The Compliance Order set out specific parameters for Boyce Hydro to achieve compliance with its license. The licensee failed to meet nearly all the obligations in the Compliance Order, even after Commission staff granted multiple extensions.\19\ Thus, based on the record, there is no reason to believe that the licensee intends to come into compliance. We conclude that it has been given a reasonable time to comply with the Compliance Order and considering the serious dam safety issues \20\ and lack of demonstrated effort [[Page 8255]] by Boyce Hydro to comply with the Compliance Order, we propose revocation of the project license.\21\ --------------------------------------------------------------------------- \19\ Boyce Hydro's offer to place 50 percent of gross revenues from the Edenville Project into escrow until it has saved enough money to construct the Tobacco River Auxiliary Spillway does not convince us that it will satisfy its obligations under the Compliance Order if we grant another extension. Boyce Hydro has not provided any estimate of when it will complete construction of that spillway, let alone when it can complete and submit the designs for the other auxiliary spillway and satisfy the other obligations set out in the Compliance Order. \20\ Public safety would not be affected by revoking the license. Should the Commission ultimately revoke Boyce Hydro's license, the Commission's jurisdiction will end, and authority over the site will pass to the State of Michigan's dam regulatory authorities. See Mich. Comp. Laws 324.31506 (giving the Michigan Department of Environmental Quality regulatory authority over dams and impoundments in the state); see also Eastern Hydroelectric Corp., 149 FERC 61,036 at P 35 (noting that upon revocation the authority to regulate dam safety and other issues related to the dam and impoundment would transfer to the state). \21\ Revocation of the Edenville Project license does not mandate removal or any modification of the dam. While, the Commission has broad authority to fashion appropriate remedies to further the goals of the FPA in a manner that is necessary and appropriate to carry out the revocation of this license, as a general rule, we do not condition the effectiveness of a license revocation by imposing additional requirements on a licensee that has shown its unwillingness to comply with other Commission orders. Eastern Hydroelectric Corp., 149 FERC 61,036 at P 33 (declining request to order removal of all project facilities including the dam and instead only requiring licensee to disable all of the project's generating equipment to prevent operation of the project). --------------------------------------------------------------------------- 11. The licensee may request an evidentiary hearing before an Administrative Law Judge within 30 days of this issuance date of this order.\22\ If, within 30 days, the licensee requests a hearing, the Commission will set the matter for hearing. If the licensee does not request a hearing, the Commission will decide this matter based on the written record. Any interested person may file a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214). A person does not have to intervene in order to have comments considered. Any person may file with the Secretary of the Commission, comments in support of or in opposition to the proposed revocation. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. --------------------------------------------------------------------------- \22\ See 16 U.S.C. 823b(b) (2012). --------------------------------------------------------------------------- The Commission Orders (A) Pursuant to section 31(b) of the FPA, 16 U.S.C. 823b(b) (2012), the Commission proposes to revoke the license for the Edenville Project No. 10808. (B) Boyce Hydro may request an evidentiary hearing within 30 days of the issuance date of this order. By the Commission. Issued February 15, 2018. Kimberly D. Bose, Secretary. [FR Doc. 2018-03821 Filed 2-23-18; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Notices 8253
DEPARTMENT OF ENERGY feet, and contains three steel Tainter of human life and the destruction of
gates located on the western side of the property and infrastructure.
Federal Energy Regulatory project. 4. Ordering Paragraphs (A) through
Commission (M) of the Compliance Order required
3. Boyce Hydro’s license includes
[Project No. 10808–058] terms and conditions concerning dam Boyce Hydro to provide specific plans,
safety, property rights, water quality, specifications, reports and other
Boyce Hydro Power, LLC; Order public recreation and safety, and other information to address the violations
Proposing Revocation of License areas of public concern. Boyce Hydro identified in that order and to come into
compliance with the Commission’s
1. Boyce Hydro Power, LLC (Boyce has a long history of non-compliance
regulations and the terms of its license.
Hydro or licensee) is in violation of with those terms and conditions and
On July 14, 2017, and July 27, 2017, the
numerous provisions of its license for with related provisions in the FPA and
licensee filed two requests for more time
the Edenville Hydroelectric Project No. Commission regulations and orders. The
to comply with certain requirements in
10808 (Edenville Project), the Federal Compliance Order, which was issued
the Compliance Order. By orders issued
Power Act (FPA), and multiple pursuant to section 31 of the FPA on
July 25, 2017, and August 15, 2017, the
Commission regulations and orders, June 15, 2017, detailed this history and
extensions that the licensee requested
including a Compliance Order issued staff’s multi-year effort to bring Boyce
were granted, with the exception of one
pursuant to section 31(a) of the Federal Hydro into compliance.3 In particular,
portion of the second requested
Power Act.1 As discussed below, the the Compliance Order explained that extension, which the order determined
Commission proposes to revoke the Boyce Hydro: (1) Failed to increase the could be completed in the time
license pursuant to section 31(b) of the capacity of spillways to enable them to provided in the first extension without
FPA. pass the probable maximum flood the need for a second.11 Those
(PMF) as required by Regional Engineer extensions were granted based on
I. Background
directives, license Article 4, and Part 12 representations made by the licensee
2. On October 16, 1998, the of the Commission’s regulations; 4 (2)
Commission issued a license for the and its counsel regarding steps that the
performed unauthorized dam repairs in licensee was taking to satisfy the
Edenville Project, a 4.8-megawatt (MW) violation of Regional Engineer directives
hydroelectric project located in Gladwin requirements of the Compliance Order.
and Part 12 of the Commission’s 5. Boyce Hydro failed to comply with
and Midland counties, Michigan.2 The regulations; 5 (3) performed obligations set out in each of the
Edenville Project consists of earthen unauthorized earth-moving activities in ordering paragraphs in the Compliance
embankments, known as the Edenville violation of Standard Articles 19–21 of Order, except for the obligations to
dam, totaling about 6,600 feet in length the license; 6 (4) failed to file an acquire and document certain property
and having a maximum height of 54.5 adequate Public Safety Plan in violation rights (although the lack of designs for
feet. It spans both the Tittabawassee and of Regional Engineer directives and Part the new and revised spillways makes it
Tobacco Rivers, creating a 2,600-acre 12 of the Commission’s regulations; 7 (5) difficult to determine if it has acquired
reservoir known as Wixom Lake with a unduly restricted public access to all necessary property rights) 12 and to
gross storage capacity of about 40,000 project facilities and failed to construct implement certain requirements in the
acre-feet and a 49-mile-long shoreline at approved recreation facilities in project’s approved Water Quality
full pool. There is a 50-foot-long intake violation of Standard Article 18 and Monitoring Plan.
leading to the powerhouse located at the Article 410 of the license and the 6. Boyce Hydro violated the following
dam on the eastern side of the project. Commission’s Orders Modifying and ordering paragraphs in the Compliance
The powerhouse contains two 2.4-MW Approving Recreation Plan; 8 (6) failed Order and associated orders extending
Francis-type turbine generator units for to acquire and document all necessary time:
a total installed capacity of 4.8 MW. The project property rights in violation of • Ordering paragraph (B) directed:
project creates a 0.4-mile-long bypassed Standard Article 5 of the license; 9 and For the Tobacco River Auxiliary
reach on the Tobacco River that extends (7) failed to comply with the Spillway: By July 15, 2017 (extended to
from the dam to the point where the Commission’s 1999 Order approving September 18, 2017), the licensee was
Tobacco River meets the Tittabawassee Boyce Hydro’s Water Quality required to file a complete design
River. The project also includes two Monitoring Plan in violation of that
reinforced concrete multiple arch order and Article 402 of the license.10 11 The first order granted an additional 30 days
spillways. The 69-foot-wide, 39-foot- The Commission’s primary concern has to comply with the requirements in ordering
high Tittabawassee spillway (also been the licensee’s longstanding failure paragraphs (B), (C), (D), (E), (F), and (G) of the
referred to as the Edenville spillway) is Compliance Order. The second order granted more
to address the project’s inadequate time to comply with ordering paragraphs (B), (G),
located on the eastern side of the project spillway capacity, which currently is and (D), but denied more time for complying with
and contains three Tainter gates and two designed to pass only approximately 50 ordering paragraph (F).
low-level sluice gates. The Tobacco percent of the PMF. Failure of the 12 In filings made with the Commission on July
spillway is about 72 feet long and 72 26, 2017, August 22, 2017, and January 22, 2018,
Edenville dam could result in the loss Boyce Hydro states that it possesses the necessary
feet wide with a crest height of about 40 property rights over the land within the project
3 Boyce Hydro Power, LLC, 159 FERC 62,292 boundary and that it has acquired rights to land
1 Boyce Hydro Power, LLC, 159 FERC 62,292 (2017) (Compliance Order). (and has ability to acquire rights to additional land)
(2017) (Compliance Order). 4 See Compliance Order, at PP 5–26. that may be necessary to complete construction of
2 Wolverine Power Corporation, 85 FERC 61,063 the Tobacco River Auxiliary Spillway. However,
5 See id. PP 35–46.
daltland on DSKBBV9HB2PROD with NOTICES
(1998). The license was transferred from Wolverine 6 See id. PP 54–76. because the licensee has not provided plans and
Power Corporation to Synex Michigan, LLC on June 7 See id. PP 84–86.
specifications for the Tittabawassee Auxiliary
23, 2004. See Wolverine Power Corporation and Spillway or provided other documentation specific
8 See id. PP 92–107 (identifying, among others,
Synex Michigan, LLC, 107 FERC 62,266 (2004). to where the Tittabawassee Auxiliary Spillway will
Synex Michigan, LLC changed its name to Boyce violations of Wolverine Power Corporation, 96 be constructed, Commission staff is still uncertain
Hydro Power, LLC, and filed a statement with the FERC 62,055 (2001) and Synex Michigan, LLC, (Dec. if the licensee has, in fact, obtained rights to all
Commission on July 12, 2007, to this effect. See 5, 2006) (unpublished order)). land necessary for the construction of the
9 See id. PP 116–124.
Notice of Change in Licensee’s Name (filed July 12, Tittabawassee Auxiliary Spillway, as required by
2007). 10 See id. PP 134–141. the Compliance Order.
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![Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Notices 8255
by Boyce Hydro to comply with the DEPARTMENT OF ENERGY conveys with it the right of eminent
Compliance Order, we propose domain. Therefore, if easement
revocation of the project license.21 Federal Energy Regulatory negotiations fail to produce an
Commission agreement, the pipeline company could
11. The licensee may request an
[Docket No. PF18–2–000] initiate condemnation proceedings
evidentiary hearing before an
where compensation would be
Administrative Law Judge within 30
Brooke County Access I, LLC; Notice determined in accordance with state
days of this issuance date of this law.
of Intent To Prepare an Environmental
order.22 If, within 30 days, the licensee A fact sheet prepared by the FERC
Assessment for the Planned Brooke
requests a hearing, the Commission will entitled An Interstate Natural Gas
County Access Project and Request
set the matter for hearing. If the licensee for Comments on Environmental Facility On My Land? What Do I Need
does not request a hearing, the Issues To Know? is available for viewing on
Commission will decide this matter the FERC website (www.ferc.gov). This
based on the written record. Any The staff of the Federal Energy fact sheet addresses a number of
interested person may file a motion to Regulatory Commission (FERC or typically asked questions, including the
intervene in accordance with the Commission) will prepare an use of eminent domain and how to
requirements of the Commission’s Rules environmental assessment (EA) that will participate in the Commission’s
of Practice and Procedure (18 CFR discuss the environmental impacts of proceedings.
385.214). A person does not have to the Brook County Access Project
involving construction and operation of Public Participation
intervene in order to have comments
facilities by Brooke County Access I, For your convenience, there are three
considered. Any person may file with
LLC (BCAI), in Washington County, methods you can use to submit your
the Secretary of the Commission, Pennsylvania and Brooke County, West comments to the Commission. The
comments in support of or in opposition Virginia. The Commission will use this Commission encourages electronic filing
to the proposed revocation. The EA in its decision-making process to of comments and has expert staff
Commission will consider these determine whether the project is in the available to assist you at (202) 502–8258
comments in determining the public convenience and necessity. or FercOnlineSupport@ferc.gov. Please
appropriate action to be taken, but the This notice announces the opening of carefully follow these instructions so
filing of a comment alone will not serve the scoping process the Commission that your comments are properly
to make the filer a party to the will use to gather input from the public recorded.
proceeding. and interested agencies on the project. (1) You can file your comments
You can make a difference by providing electronically using the eComment
The Commission Orders us with your specific comments or feature on the Commission’s website
(A) Pursuant to section 31(b) of the concerns about the project. Your (www.ferc.gov) under the link to
FPA, 16 U.S.C. 823b(b) (2012), the comments should focus on the potential Documents and Filings. This is an easy
Commission proposes to revoke the environmental effects, reasonable method for submitting brief, text-only
license for the Edenville Project No. alternatives, and measures to avoid or comments on a project;
10808. lessen environmental impacts. Your (2) You can file your comments
input will help the Commission staff electronically by using the eFiling
(B) Boyce Hydro may request an determine what issues they need to feature on the Commission’s website
evidentiary hearing within 30 days of evaluate in the EA. To ensure that your (www.ferc.gov) under the link to
the issuance date of this order. comments are timely and properly Documents and Filings. With eFiling,
By the Commission. recorded, please send your comments so you can provide comments in a variety
Issued February 15, 2018. that the Commission receives them in of formats by attaching them as a file
Washington, DC on or before March 22, with your submission. New eFiling
Kimberly D. Bose,
2018. users must first create an account by
Secretary. If you sent comments on this project clicking on eRegister. If you are filing a
[FR Doc. 2018–03821 Filed 2–23–18; 8:45 am] to the Commission before the opening of comment on a particular project, please
BILLING CODE 6717–01–P this docket on October 17, 2017, you select ‘‘Comment on a Filing’’ as the
will need to file those comments in filing type; or
Docket No. PF18–2–000 to ensure they (3) You can file a paper copy of your
are considered as part of this comments by mailing them to the
regulate dam safety and other issues related to the proceeding. following address. Be sure to reference
dam and impoundment would transfer to the state). This notice is being sent to the
21 Revocation of the Edenville Project license does
the project docket number (PF18–2–000)
Commission’s current environmental with your submission: Kimberly D.
not mandate removal or any modification of the
mailing list for this project. State and Bose, Secretary, Federal Energy
dam. While, the Commission has broad authority to
fashion appropriate remedies to further the goals of
local government representatives should Regulatory Commission, 888 First Street
the FPA in a manner that is necessary and notify their constituents of this planned NE, Room 1A, Washington, DC 20426.
appropriate to carry out the revocation of this project and encourage them to comment
license, as a general rule, we do not condition the on their areas of concern. Summary of the Planned Project
effectiveness of a license revocation by imposing If you are a landowner receiving this BCAI plans to construct and operate
additional requirements on a licensee that has notice, a pipeline company a varying diameter natural gas
daltland on DSKBBV9HB2PROD with NOTICES
shown its unwillingness to comply with other representative may contact you about transmission pipeline from
Commission orders. Eastern Hydroelectric Corp.,
the acquisition of an easement to interconnects with Energy Transfer
149 FERC 61,036 at P 33 (declining request to order
removal of all project facilities including the dam
construct, operate, and maintain the Partner’s Revolution Cryogenic Facility
and instead only requiring licensee to disable all of planned facilities. The company would and the National Fuel Gas Supply
the project’s generating equipment to prevent seek to negotiate a mutually acceptable Corporation’s (National Fuel) Line N
operation of the project). agreement. However, if the Commission natural gas mainline in Washington
22 See 16 U.S.C. 823b(b) (2012). approves the project, that approval County, Pennsylvania, to a proposed
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Document Created: 2018-02-24 01:00:34
Document Modified: 2018-02-24 01:00:34
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| FR Citation | 83 FR 8253 |
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