Document

Erie Boulevard Hydropower, L.P.; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

Department of Energy Federal Energy Regulatory Commission [Project No. 2645-176] Take notice that the following hydroelectric application has been filed with the Commission and ...

Department of Energy
Federal Energy Regulatory Commission
  1. [Project No. 2645-176]

Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.

a. Type of Application: New Major License.

b. Project No.: 2645-176.

c. Date Filed: July 30, 2024.

d. Applicant: Erie Boulevard Hydropower, L.P. (Erie).

e. Name of Project: Beaver River Hydroelectric Project (project).

f. Location: On the Beaver River in Lewis and Herkimer Counties, New York.

g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).

h. Applicant Contact: Mr. Steven P. Murphy, Director—U.S. Licensing, Brookfield Renewable, 33 West 1st Street South, Fulton, NY 13069; telephone at (315) 598-6130; email at .

i. FERC Contact: Nicholas Ettema, Project Coordinator, Great Lakes Branch, Division of Hydropower Licensing; telephone at (312) 596-4447; email at .

j. Deadline for filing motions to intervene and protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions: October 5, 2026, by 5:00 p.m. Eastern Time. Deadline for filing reply comments: November 17, 2026, by 5:00 p.m. Eastern Time.

The Commission strongly encourages electronic filing. Please file motions to ( printed page 51166) intervene, protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions using the Commission's eFiling system at ferconline.ferc.gov/​FERCOnline.aspx. Commenters can submit brief comments up to 10,000 characters, without prior registration, using the eComment system at ferconline.ferc.gov/​QuickComment.aspx. For assistance, please contact FERC Online Support at , (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. The first page of any filing should include docket number P-2645-176.

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. This application has been accepted for filing and is now ready for environmental analysis.

l. Project Description: The project consists of the following eight developments from upstream to downstream: the 8-megawatt (MW) Moshier Development, the 5.81-MW Eagle Development, the 12.145-MW Soft Maple Development, the 2.8-MW Effley Development, the 1.5-MW Elmer Development, the 4.645-MW Taylorville Development, the 2.21-MW Belfort Development, and the 4.8-MW High Falls Development.

Project Facilities

Moshier Development

The Moshier Development consists of an approximately 1,132-foot-long, 93-foot-high dam (Moshier dam) that includes an intake structure with two slide gates and two trashracks with 1-inch clear bar spacing, a sluice gate, and a 200-foot-long ogee spillway with 2-foot-high flashboards that have a crest elevation of 1,641.48 feet North American Vertical Datum of 1988 (NAVD 88). The dam creates an impoundment that has a surface area of 340 acres at 1,641.48 feet NAVD 88. From the impoundment, water flows through the intake structure to an approximately 1.9-mile-long penstock. The penstock bifurcates into two 70-foot-long penstocks that convey water to a powerhouse that includes two 4-MW vertical Francis turbine-generators. From the powerhouse, water flows to the tailrace and discharges into the Beaver River. Water also flows through the sluice gate to provide minimum flows to a 2.1-mile-long bypassed reach of the Beaver River. The generators are connected to the regional electric grid by two overhead generator lead lines and a transformer. The project recreation facilities include an impoundment take-out site, a portage trail, a hand-carry boat put-in site downstream of the powerhouse, 2 parking areas, and a whitewater boating put-in site in the bypassed reach.

Eagle Development

The Eagle Development consists of a 369.5-foot-long, 21-foot-high dam (Eagle dam) that includes a headgate structure that includes four stoplog gates and four trashracks with 1-inch clear bar spacing, a sluice gate, a 183-foot-long ogee spillway with 1-foot-high flashboards that have a crest elevation of 1,426.65 feet NAVD 88, and two low-level needle beam gates. The dam creates an impoundment that has a surface area of 138 acres at 1,426.65 feet NAVD 88.

From the impoundment, water flows through the headgate structure to a forebay canal with a stoplog gate. From the forebay canal, water enters an intake structure with three slide gates and a trashrack with 1.25-inch clear bar spacing. From the intake structure, water enters a 2,725-foot-long penstock that conveys water to a powerhouse that includes three 1.35-MW horizontal Francis turbine-generators and a 1.79-MW horizontal Francis turbine-generator. Water is discharged from the turbines to a tailrace. Water also flows through the sluice gate to provide minimum flows to the 0.73-mile-long bypassed reach. The generators are connected to the regional electric grid by a generator lead line and a step-up transformer. The project recreation facilities include: (1) a hand-carry boat portage route with an impoundment take-out site, a portage trail, and a put-in site downstream of the powerhouse; (2) a fishing access trail to the bypassed reach; and (3) a boat put-in site downstream of the dam for whitewater flow release events.

Soft Maple Development

The Soft Maple Development includes: (1) a 307-foot-long, 40-foot-high earthen dam with an intake structure with six slide gates and three trashracks with 1-inch clear bar spacing; (2) a 720-foot-long, 124-foot-high earthen dam (Terminal dam); (3) a 173-foot-long, 20-foot-high concrete dam with two sluice gates and a 144-foot-long ogee spillway with 1.5-foot-high flashboards that have a crest elevation of 1,289.9 feet NAVD 88; (4) a 910-foot-long, 67-foot-high earthen dam (Diversion dam) that includes an intake structure with a butterfly gate and a trashrack with 5-inch clear spacing; and (5) five earthen dikes. The dams and dikes create an impoundment that has a surface area of 400 acres at 1,289.9 feet NAVD 88.

From the impoundment, water flows through the intake structure to two 530-foot-long penstocks that provide water to a powerhouse that includes a 6.045-MW and a 6.1-MW vertical Francis turbine-generator. Water is discharged from the turbines to a tailrace. Minimum flows are provided from the impoundment through: (1) the two sluice gates; and (2) a 263.9-foot-long pipe equipped with a screen with 0.5-inch openings housed in a diversion tunnel that extends from the Diversion dam's intake structure. The generators are connected to the regional electric grid by two generator lead lines and a step-up transformer. The project recreation facilities include: (1) a hand-carry boat portage route with an impoundment take-out site, a portage trail, and a put-in site downstream of the powerhouse, with a parking area; (2) a campground adjacent to the impoundment, with 10 tent sites, an access road, a parking area, a car-top boat launch, and four restrooms; (3) seven primitive campsites on islands within the impoundment; (4) a picnic area; and (5) a trail to a scenic overlook with a view of the bypassed reach and a parking area.

Effley Development

The Effley Development consists of a 1,370.8-foot-long, 30-foot-high dam (Effley dam) that includes a south intake structure with a slide gate and a trashrack with 1-inch clear bar spacing, a north intake structure with three slide gates and a trashrack with 1-inch clear bar spacing, and a section that includes: (1) a 69.7-foot-long south ogee spillway with a crest elevation of 1,162.95 feet NAVD 88; (2) a stoplog gate and two low-level outlet gates; and (3) a 360.5-foot-long north ogee spillway with a crest elevation of 1,162.95 feet NAVD 88 ( printed page 51167) and a sluice gate. The dam creates an impoundment that has a surface area of 340 acres at 1,162.95 feet NAVD 88.

From the impoundment, water enters through the south intake structure to a 148-foot-long penstock that provides water to a south powerhouse that includes a 1.44-MW vertical Francis turbine-generator. Water enters through the north intake structure to: (1) a 109.7-foot-long penstock that provides water to a 0.56-MW horizontal Francis turbine-generator; and (2) two 87-foot-long penstocks that each provides water to a 0.4-MW horizontal Francis turbine-generator, located in a north powerhouse. Water is discharged from the powerhouses to a tailrace. Water also flows through sluice gate at the north spillway to provide minimum flows to the 0.11-mile-long bypassed reach. The generators are connected to the regional electric grid by two generator lead lines and a step-up transformer. The project recreation facilities include a hand-carry boat portage route that includes an impoundment take-out site, a portage trail, and a put-in site downstream of the dam.

Elmer Development

The Elmer Development consists of a 326.6-foot-long, 23-foot-high dam (Elmer dam) that includes an intake structure with four slide gates and two trashracks with 1-inch clear bar spacing, a 122-foot-long west ogee spillway with a crest elevation of 1,107.96 feet NAVD 88, a needle beam gate, and a 113.8-foot-long east ogee spillway with a crest elevation of 1,107.96 feet NAVD 88. The dam creates an impoundment that has a surface area of 34 acres at 1,107.96 feet NAVD 88.

From the impoundment, water flows through the intake structure to a powerhouse that includes two 0.75-MW vertical Francis turbine-generator units. Water is discharged from the powerhouse to a tailrace. Water also flows through an opening at the bottom of the needle beam gate that provides minimum flows to a 260-foot-long bypassed reach of the Beaver River. The generators are connected to the regional electric grid by a generator lead line and a step-up transformer. The project recreation facilities include a hand-carry boat portage route with an impoundment take-out site, a portage trail, and a put-in site downstream of the dam.

Taylorville Development

The Taylorville Development consists of a 23-foot-high concrete dam (Taylorville dam) that includes a 348-foot-long ogee spillway with 0.8-foot-high flashboards that have a crest elevation of 1,070.46 feet NAVD 88 and a section that includes two sluice gates and two low-level stoplog gates, a 119.5-foot-long ogee spillway with 0.8-foot-high flashboards that have a crest elevation of 1,070.46 feet NAVD 88, a sluice gate, and an intake structure with three slide gates and a trashrack with 1-inch clear bar spacing. The development also includes two earthen dikes. The dam and dikes create an impoundment that has a surface area of 170 acres at 1,070.46 feet NAVD 88.

From the impoundment, water flows through the intake structure to a 2,725-foot-long penstock. The penstock conveys water to a powerhouse that includes two 1.1-MW, one 1.245-MW, and one 1.2-MW horizontal Francis turbine-generator. Water is discharged from the powerhouse to a tailrace. Water also flows through the sluice gates to provide minimum flows to a 0.86-mile-long bypassed reach of the Beaver River. The generators are connected to the regional electric grid by a generator lead line, a step-up transformer, and a 200-foot-long transmission line. The project recreation facilities include: (1) a hand-carry boat portage route that includes an impoundment access site, a portage trail, and a put-in site downstream of the powerhouse; (2) a walking trail that begins near the impoundment access site; (3) a picnic area near the boat take-out site with picnic tables, grills, and a parking; and (4) a picnic area near the boat put-in site.

Belfort Development

The Belfort Development consists of a 600.5-foot-long, 17-foot-high dam (Belfort dam) that includes a 161.1-foot-long ogee spillway with 2-foot-high flashboards that have a crest elevation of 965.64 feet NAVD 88, a sluice gate, a low-level outlet gate, and an intake structure with two slide gates and two trashracks with 1-inch clear bar spacing. The dam creates an impoundment that has a surface area of 50 acres at 965.64 feet NAVD 88.

From the impoundment, water flows through the intake structure to a 52-foot-long penstock that provides water to a 0.4-MW horizontal Francis turbine-generator and a 0.64-MW double horizontal Francis turbine-generator, and a 52-foot-long penstock that provides water to a 1.17-MW double Francis turbine-generator. The turbine-generators are located in a powerhouse. Water is discharged from the powerhouse to a tailrace. Water also flows through the sluice gate at the spillway to provide minimum flows to a 0.13-mile-long bypassed reach of the Beaver River. The generators are connected to the regional electric grid by a generator lead line and a step-up transformer. The project recreation facilities include: (1) a hand-carry boat portage route with an impoundment take-out site, a portage trail, and a put-in site downstream of the powerhouse; and (2) a fishing platform adjacent to the dam that provides anglers with access to the impoundment.

High Falls Development

The High Falls Development includes a 1,559.9-foot-long, 50-foot-high concrete dam (High Falls dam) that includes an intake structure with four slide gates and four trashracks with 1-inch clear bar spacing, a 204-foot-long ogee spillway with a crest elevation of 914.82 feet NAVD 88, a non-operational stoplog gate and low-level outlet gate, and a 445.9-foot-long ogee spillway with a crest elevation of 914.82 feet NAVD 88 and a sluice gate. The development also includes two dikes. The dam and dikes create an impoundment that has a surface area of 145 acres at the spillway crest elevation of 914.82 feet NAVD 88.

From the impoundment, water flows through the intake structure to a 605-foot-long penstock that provides water to a powerhouse that includes three 1.6-MW vertical Francis turbine-generators. Water is discharged from the powerhouse to a tailrace. Water also flows through the sluice gate at the spillway to provide minimum flows to a 0.21-mile-long bypassed reach of the Beaver River. The generators are connected to the regional electric grid by two generator lead lines and a step-up transformer. The project recreation facilities include: (1) a hand-carry boat portage route that includes an impoundment take-out site, a portage trail, and a put-in site downstream of the powerhouse; (2) five campsites on the islands in the impoundment; and (3) an impoundment access site that includes a hand-carry boat launch, picnic area, and parking area.

Proposed Project Operation and Environmental Measures

Erie proposes to: (1) continue to limit impoundment fluctuations by: (a) 1 foot from May 1 through June 30 and 1.5 feet from July 1 through April 30, for the Moshier, Soft Maple, and Effley Developments; (b) 1 foot at the Eagle, Elmer, Taylorville, and Belfort Developments; and (c) 1.5 feet at the High Falls Development, in the downward direction from the crest of the dam or the flashboards, if present; (2) continue to release the following minimum flows or inflow, whichever is less, to the bypassed reaches: (a) 45 cfs at the Moshier and Eagle Developments; ( printed page 51168) (b) 35 cfs at the Soft Maple Development; (c) 20 cfs at the Effley, Elmer, and Belfort Developments; (d) 60 cfs at the Taylorville Development; and (e) 30 cfs at the High Falls Development; (3) continue to release a minimum flow of 250 cfs downstream of the High Falls Development's powerhouse; (4) continue to implement the Low Flow Augmentation Plan, including consultation with the New York DEC to determine any alternative flow releases; (5) continue to implement the Streamflow and Headpond Elevation Monitoring Plan; (6) continue to implement the Minimum Flow and Fish Conveyance Plans for the Moshier, Soft Maple, Effley, Elmer, Belfort, Soft Maple, and High Falls Developments; (7) update and continue to implement the Recreation Plan that requires operation and maintenance of the project recreation facilities described above and releasing the following whitewater flows: (a) one 4-hour release of 400 cfs from Moshier dam; (b) five 4-hour releases of 200 cfs from the Taylorville dam; and (c) five 4-hour releases of 200 cfs from Eagle dam; (8) maintain a fishing access area at the Moshier Development and bypassed reach trails at the Taylorville Development as project recreation facilities, including installing signage at the facilities; and (9) develop a historic properties management plan.

m. A copy of the application can be viewed on the Commission's website at 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-2645). For assistance, contact FERC Online Support. A copy is also available for inspection and reproduction at Lowville Free Library, located at 5387 Dayan St., Lowville, NY 13367, or the Frank J. Basloe Library, located at 245 Main St., Herkimer, NY 13350.

You may also register online at ferconline.ferc.gov/​FERCOnline.aspx to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

n. Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, and .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

All filings must (1) bear in all capital letters the title “PROTEST,” “MOTION TO INTERVENE,” “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “PRELIMINARY TERMS AND CONDITIONS,” or “PRELIMINARY FISHWAY PRESCRIPTIONS;” (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

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 .

o. The applicant must file on or before 5:00 p.m. Eastern Time on October 5, 2026: (1) a copy of the water quality certification; (2) a copy of the request for certification, including proof of the date on which the certifying agency received the request; or (3) evidence of waiver of water quality certification.

p. Final amendments to the application must be filed with the Commission on or before 5:00 p.m. Eastern Time on September 3, 2026.

(Authority: 18 CFR 2.1.)

Dated: August 4, 2026.

Debbie-Anne A. Reese,

Secretary.

[FR Doc. 2026-16168 Filed 8-6-26; 8:45 am]

BILLING CODE 6717-01-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 51165

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Erie Boulevard Hydropower, L.P.; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions,” thefederalregister.org (August 7, 2026), https://thefederalregister.org/documents/2026-16168/erie-boulevard-hydropower-l-p-notice-of-application-accepted-for-filing-soliciting-motions-to-intervene-and-protests-rea.