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

Take notice that the following hydroelectric application has been filed ( printed page 51163) with the Commission and is available for public inspection.

a. Type of Application: New Major License.

b. Project No.: 2569-169.

c. Date Filed: August 30, 2024.

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

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

f. Location: On the Black River in Jefferson County, 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 Stephen.Murphy@brookfieldrenewable.com.

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

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 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 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. The first page of any filing should include docket number P-2569-169.

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 five developments from upstream to downstream: the 5.0625-megawatt (MW) Herrings Development, the 10.8-MW Deferiet Development, the 5.4-MW Kamargo Development, the 6-MW Black River Development, and the 1.875-MW Sewalls Development.

Project Facilities

Herrings Development

The Herrings Development consists of a 729-foot-long, 25-foot-high dam (Herrings dam) that includes: (1) a 512-foot-long ogee spillway with 1-foot-high flashboards that have a crest elevation of 680.1 feet North American Vertical Datum of 1988 (NAVD 88); (2) a stoplog gate; and (3) a 137-foot-long powerhouse that includes: (a) an intake structure with a stoplog gate, nine slide gates, a skimmer with stoplog gate, and a trashrack with 2-inch clear bar spacing and (b) three 1.6875-MW vertical propeller turbine-generators. The dam creates an impoundment that has a surface area of 140 acres at an elevation of 680.1 feet NAVD 88.

From the impoundment, water flows through the powerhouse to a tailrace that discharges into the Black River. The project generators are connected to the regional electric grid by two generator lead lines and a transformer. The project recreation facilities include a hand-carry boat access site that includes a picnic area and parking area on the north shoreline of the impoundment, a portage trail, a put-in site, and two fishing access sites.

Deferiet Development

The Deferiet Development consists of a 926.9-foot-long, 18-foot-high dam (Deferiet dam) that includes: (1) a 503.9-foot-long spillway with a 3-foot-high inflatable rubber crest gate with a maximum crest elevation of 659.53 feet NAVD 88; (2) eleven stoplog gates; and (3) a canal headworks structure with ten sluice gates. The dam creates an impoundment that has a surface area of 70 acres at 659.53 feet NAVD 88.

From the impoundment water flows through the canal headworks structure to a 4,200-foot-long power canal. From the power canal, water enters a powerhouse that includes: (1) an intake structure with three sluice gates and a trashrack with 2-inch clear bar spacing; and (2) three 3.6-MW vertical Francis turbine-generators. From the powerhouse, water flows to a tailrace that discharges into the Black River. The development creates an approximately 1.73-mile-long bypassed reach.

The generators are connected to the regional electric grid by three overhead generator lead lines and a transformer. The project recreation facilities include two impoundment access sites for hand-carry boats, a portage trail, a put-in site downstream of the dam, a hiking trail, and a boat access site and parking area downstream of the powerhouse.

Kamargo Development

The Kamargo Development consists of a 188-foot-long headgate structure that includes fourteen sluice gates and an 886-foot-long, 24-foot-high dam (Kamargo dam) that includes a 647-foot-long ogee spillway with 2-foot-high flashboards that have a crest elevation of 565.48 feet NAVD 88 and a 5.7-foot-long, 6-foot-high notch. The dam creates an impoundment that has a surface area of 40 acres at 565.48 feet NAVD 88.

From the impoundment, water flows through the headgate structure to a 3,850-foot-long power canal that includes a 160.8-foot-long ogee spillway with twelve stoplog gates and low-level sluice gate that discharge into the Black River. From the power canal, water enters a powerhouse that includes: (1) an intake structure with nine sluice gates and a trashrack with 2-inch clear bar spacing; and (2) three 1.8-MW vertical Francis turbine-generators. From the powerhouse, water flows to a tailrace that discharges into the Black River. The development creates a 0.69-mile-long bypassed reach.

The generators are connected to the regional electric grid by four generator lead lines and a transformer. The project includes the Poors Island Recreation Area that includes two portage trails, fishing access areas, a picnic area, a bicycle rack, a hiking trail, and parking area.

Black River Development

The Black River Development consists of a 362.5-foot-long, 27.8-foot-high dam (Black River dam) that includes: (1) two sluice gates, a 291-foot-long ogee spillway with a 4.5-foot-long, 3.5-foot-high notch and 2-foot-high flashboards that have a crest elevation of 535.68 feet NAVD 88, and a stoplog gate; and (2) a 99.6-foot-long headgate structure with five sluice gates. The dam creates an impoundment that has a surface area of 25 acres at 535.68 feet NAVD 88. ( printed page 51164)

From the impoundment, water flows through the headgate structure to a 2,250-foot-long power canal that includes: (1) a 250-foot-long waste weir with a crest elevation of 537.68 NAVD 88; and (2) a 134-foot-long waste weir with 2-foot-high flashboards and a low-level outlet gate. From the power canal, water enters a powerhouse that includes: (1) an intake structure with nine sluice gates, a skimmer equipped with two sluice gates, and a trashrack with 2-inch clear bar spacing; and (2) three 2-MW vertical Francis turbine-generators. From the powerhouse water flows to a tailrace that discharges into the Black River. The development creates an approximately 0.6-mile-long bypassed reach of the Black River.

The generators are connected to the regional electric grid by two underground generator lead lines and a transformer. The project recreation facilities include: (1) a parking area, picnic area, and fishing platform, referred to as the “Stone Drive Recreation Area,” located on the north shoreline of the impoundment; (2) a hand-carry boat portage route with an impoundment take-out site, a portage trail, and a put-in site downstream of the dam; and (3) a picnic and parking area southeast of the dam.

Sewalls Development

The Sewalls Development consists of: (1) a 345-foot-long, 15.5-foot-high south dam (Sewalls dam) that includes a 243-foot-long ogee spillway with a crest elevation of 463.73 feet NAVD 88, two stoplog gates, and two sluice gates; and (2) a north dam that includes a 95.9-foot-long, 18.5-foot-high spillway with a crest elevation of 463.73 feet NAVD 88 and a 3.61-foot-long, 2-foot-high notch. The dam creates an impoundment that has a surface area of 4 acres at 463.73 feet NAVD 88.

From the impoundment water flows through the sluice gates to a 400-foot-long power canal with 2-foot-high flashboards, a sluice gate, and a low-level outlet gate. From the power canal, water enters a powerhouse that includes: (1) an intake structure with four sluice gates and a trashrack with 2-inch clear bar spacing; and (2) two 0.9375-MW vertical propeller turbine-generators. From the powerhouse, water flows to a tailrace that discharges into the Black River. The development creates an approximately 400-foot-long bypassed reach of the Black River downstream of the south dam (south channel bypassed reach); and an approximately 0.25-mile-long bypassed reach downstream of the north dam (north channel bypassed reach).

The generators are connected to the regional electric grid by two underground generator lead lines and a transformer. The project recreation facilities include a parking area and scenic overlook on the south shoreline of the impoundment, a portage trail, and an impoundment take-out site.

Proposed Project Operation and Environmental Measures

Erie proposes to: (1) continue to operate the project so that the water levels at each development's impoundment are maintained no lower than 0.5 foot below the crest of the dam or flashboards, if present; (2) continue to operate the Sewalls Development in run-of-river mode from May 1 through September 30 when flows in the Black River are less than 2,000 cfs; (3) continue to install flashboards at all developments by May 1 of each year, or as soon as possible thereafter; (4) continue to release a minimum flow of 1,000 cfs, or inflow, whichever is less, downstream of each development; (5) continue to release the following minimum flows or inflow, whichever is less, to the bypassed reaches: (a) 20 cfs at the Herrings Development; (b) 245 cfs at the Deferiet Development, with 800 cfs during the walleye spawning season in the spring; (c) 120 cfs at the Kamargo Development; (d) 80 cfs at the Black River Development with 300 cfs during the walleye spawning season; and (e) 32 cfs into the north channel bypassed reach and 137 cfs into the south channel bypassed reach at the Sewalls Development; (6) continue to maintain seasonal trashracks with 1-inch clear bar spacing in the top half of the water column from May 1 to October 1 at each development except the Sewalls Development; (7) continue to implement the Streamflow and Headpond Monitoring Plan; (8) continue to implement the Minimum Flow and Fish Conveyance Plan; (9) continue to maintain woodland buffers along the shorelines of each development; (10) update and continue to implement the Recreation Plan that requires operation and maintenance of the project recreation facilities described above; (11) notify the public via an online platform of bypassed reach flow and relevant safety information for the Deferiet Development; (12) enhance a fishing area at the Herrings Development by formalizing and maintaining a designated trail to the water's edge; (13) enhance a staircase at the put-in site downstream of the dam at the Deferiet Development to improve access for whitewater boaters; (14) continue to maintain project facilities, including fencing and outbuildings, in a dark brown/green color; and (15) 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-2569). For assistance, contact FERC Online Support. A copy is also available for inspection and reproduction at the Roswell P. Flower Memorial Library, located at 229 Washington Street, Watertown, NY 13601.

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 ( printed page 51165) 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 OPP@ferc.gov.

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)