Department of Energy
Federal Energy Regulatory Commission
- [Project No. 9985-039]
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.
a. Type of Application: Subsequent Minor License.
b. Project No.: 9985-039.
c. Date Filed: March 31, 2025.
d. Applicant: Rivers Electric, LLC (Rivers Electric).
e. Name of Project: Mill Pond Hydroelectric Project.
f. Location: On Catskill Creek in Greene County, New York.
g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
h. Applicant Contacts: Allison Frechette, Regulatory Compliance Director, Relevate Power, 1795 Baseline Road, Grand Island, NY 14072, Email: Allison.Frechette@hydroval-am.com, Phone: 800-371-9146; or Jessica Antonez, Regulatory Compliance Specialist, Relevate Power, 1795 Baseline Road, Grand Island, NY 14072, Email: Jessica.Antonez@hydroval-am.com, Phone: 800-371-9146.
i. FERC Contact: Andy Bernick at (202) 502-8660, or andrew.bernick@ferc.gov.
j. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental document that will discuss the environmental effects of relicensing the Mill Pond Hydroelectric Project. The Commission will use this environmental document in its decision-making process to determine whether to issue a subsequent license for the project.
k. This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies regarding the project. This notice is intended to advise all participants as to the potential scope of the National Environmental Policy Act (NEPA) document and to seek additional information pertinent to this analysis. Commission staff does not intend to issue a separate scoping document.
As part of the NEPA review process, the Commission takes into account concerns the public may have about proposals and the environmental effects that could result from its action whenever it considers the issuance of a hydropower license. This gathering of public input is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the environmental document on the important environmental issues.
l. Scoping Comments: By this notice, the Commission requests written public comments on the scope of issues to address in the environmental document. To ensure that your comments are timely and properly recorded, please submit your comments so that the Commission receives them in Washington, DC on or before 5:00 p.m. Eastern Time on August 31, 2026.
Comments should focus on the potential environmental effects and reasonable alternatives. Your input will help the Commission staff determine what issues they need to evaluate in the environmental document. Commission staff will consider all written comments during the preparation of the environmental document.
The Commission strongly encourages electronic filing. Please file scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief comments ( printed page 50526) up to 10,000 characters, without prior registration, using the eComment system at https://ferconline.ferc.gov/QuickComment.aspx. 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, 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, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852. All filings must clearly identify the project name and docket number on the first page: Mill Pond Hydroelectric Project (P-9985-039).
The Commission's Rules of Practice and Procedure 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.
m. The application is not ready for environmental analysis at this time.
n. Project Description: The Mill Pond Project consists of the following existing facilities: (1) a concrete gravity dam approximately 3 to 5 feet high and 130 feet long with a crest elevation of 105 feet mean sea level (msl) topped by 3-foot-high pneumatic flashboards for a spillway crest of 108 feet msl; (2) a 20-foot natural ledge rock fall; (3) a 7.28-acre reservoir with a gross storage capacity of 82 acre-feet at normal water surface elevation of 108 feet msl; (4) an intake structure that includes a trash rack with 1.75-inch clear bar spacing; (5) a 36-inch-diameter concrete trough and conveyance chute adjacent to the intake that passes minimum flows, fish, ice, and debris downstream; (6) an approximately 10-foot-diameter, 147-foot-long steel penstock that bifurcates into two separate, equivalent diameter sections; (7) a powerhouse 30 feet wide and 32 feet long containing two generating units rated at 500 kilowatts (kW) each for a total installed capacity of 1,000 kW; (8) 2.4-kilovolt (kV) generator leads connecting the generating units to a 13.2-kV-ampere step-up transformer located in a small switchyard; (9) a 200-foot-long (mostly underground) transmission line from the step-up transformer to the point of interconnection with the distribution system; and (10) appurtenant facilities.
Existing project recreation access consists of an approximately 250-foot-long public access trail between Route 23B/Main Street and the northern shoreline of the project impoundment, with associated signage, as required by Article 404 of the current license. Rivers Electric proposes to continue operating and maintaining the existing trail, to include vegetation maintenance ( e.g., physical removal of poison ivy along the trail), repair or replacement of damaged sections of an existing safety fence (to prevent access to the project facilities and a steep embankment near the project intake), extension of the existing safety fence to the shoreline at normal full pool elevation, and monthly inspections of trail conditions to determine the need for ongoing repairs or maintenance.
Rivers Electric proposes to continue operating the project in a run-of-river mode such that outflow from the project approximates inflow to the project reservoir and to release, through the conveyance chute, a minimum flow of 20 cubic feet per second, or inflow, whichever is less, on a year-round basis as required by Article 402 of the current license.
o. A copy of the application, with details of the proposed project, can be viewed on the Commission's website at https://www.ferc.gov using the “eLibrary” link. Enter the project's docket number excluding the last three digits in the docket number field to access the document (P-9985). For assistance, contact FERC at FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY).
p. NEPA Process and the Environmental Document: Any environmental document issued by the Commission will discuss effects that could occur as a result of the project's relicensing under the relevant general resource areas, such as:
- geology and soils;
- water resources;
- fish resources;
- aquatic resources;
- terrestrial resources;
- recreation resources;
- land use resources;
- aesthetic resources;
- cultural resources;
- socioeconomics; and
- air quality.
Commission staff will also evaluate reasonable alternatives to the proposed project or portions of the project and make recommendations on how to lessen or avoid effects on the various resource areas. Your comments will help Commission staff identify and focus on the issues that might have an effect on the human environment and potentially eliminate others from further discussion in the environmental document.
Following this scoping period, Commission staff will determine whether to prepare an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). The EA or EIS will present Commission staff's independent analysis of the issues. If Commission staff prepares an EA, a Notice of Intent to Prepare an Environmental Assessment will be issued. The EA may be issued for an allotted public comment period. The Commission would consider timely comments on the EA before making its decision regarding the proposed project. If Commission staff prepares an EIS, a Notice of Intent to Prepare an Environmental Impact Statement will be issued. Staff will then prepare a draft EIS which will be issued for public comment. Commission staff will consider all timely comments received during the comment period on the draft EIS and revise the document, as necessary, before issuing a final EIS. Any EA or draft and final EIS will be available in electronic format in the public record through eLibrary. If eSubscribed, you will receive instant email notification when the environmental document is issued (see paragraph (r) of this notice for instructions on using eSubscription).
q. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or OPP@ferc.gov.
This notice is being distributed to the Commission's official mailing list for the project and any additional entities on the applicant's distribution list. You can access the Commission's official mailing list for this project at https://ferconline.ferc.gov/MailListLOR.aspx?Type=MailList&ListVar=P-9985. If you want to receive futuremailings for the project and are not included on the Commission's official mailing list, or if you wish to be removed from the Commission's official mailing list, please send your request by email to FERCOnlineSupport@ferc.gov. In lieu of an email request, you may submit a paper request. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, 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, ( printed page 50527) Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852. All written or emailed requests must specify your wish to be added to or removed from themailing list and must clearly identify the following on the first page: Mill Pond Hydroelectric Project No. 9985-039.
Additionally, the Commission offers a free service called eSubscription, which makes it easy to stay informed of all issuances and submittals regarding the dockets/projects to which you subscribe. These instant email notifications are the fastest way to receive notification and provide a link to the document files which can reduce the amount of time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
In addition to publishing the full text of this notice in the Federal Register , the Commission provides all interested persons an opportunity to view and/or print the contents of this notice, as well as other documents in the proceeding ( e.g., license application) via the internet through the Commission's Home Page ( https://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 (P-9985). For assistance, contact FERC at FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY).
(Authority: 18 CFR 2.1)
Dated: July 31, 2026.
Debbie-Anne A. Reese,
Secretary.