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 with the Commission and is available for public inspection.

a. Type of Application: New Major License.

b. Project No.: 2538-102.

c. Date Filed: August 30, 2024.

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

e. Name of Project: Beebee Island 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-2538-102.

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 existing project includes: (1) a 92-foot-long, 26.25-foot-high dam (South Channel dam) with a crest elevation of 443.62 feet North American Vertical Datum of 1988 (NAVD 88); and (2) a 357.6-foot-long, 18-foot-high dam (Beebee Island dam) that includes: (a) an 81.5-foot-long powerhouse that is integral with the dam that includes: (i) a debris/ice chute with a 2.4-foot-long stoplog gate; (ii) an intake structure with a trashrack with 2-inch clear bar spacing, four sluice gates, and a skimmer; (iii) a 3.75-megawatt (MW) vertical propeller turbine-generator and a 4-MW vertical Kaplan turbine-generator; (b) a 42-foot-long and 50.5-foot-long spillways with 3-foot-high inflatable rubber crest gates that have a crest elevation of 430.62 feet NAVD 88; (c) 97.4-foot-long and 61-foot-long spillways with 3-foot-high wooden flashboards that have a crest elevation of 430.62 feet; and (d) a bulkhead section with a 3-foot-long sluice gate. Erie proposes to replace the wooden flashboards with 3-foot-high inflatable rubber crest gates.

The project's dams create a 20-acre impoundment at a water surface elevation of 430.62 NAVD 88. From the impoundment, water flows through the powerhouse to a 15-foot-long tailrace that discharges into the Black River. From the impoundment, water also flows through a 24-inch diameter pipe controlled by a valve in the South Channel dam to provide minimum flows to an approximately 1,000-foot-long bypassed reach. The generators are connected to the regional electric grid by an underground generator lead line. The current license requires a hand-carry boat access site upstream of the dam and directional signage to downstream boat put-in locations.

Erie proposes to: (1) continue operating the project in a run-of-river mode and maintain water levels in the impoundment that are no lower than 0.5 foot below the crest of the dam or flashboards, if present; (2) continue to release a minimum flow of 1,000 cfs or inflow, whichever is less, downstream of the project; (3) continue to release a year-round minimum flow of 14 cfs from the project impoundment into the bypassed reach; (4) continue to implement a Streamflow and Headpond Monitoring Plan; (5) continue to implement a Minimum Flow and Fish Conveyance Plan, including a provision to release 37 cfs from the ice chute from April 1 through November 30; (6) continue to operate and maintain the hand-carry boat access site; (7) continue to provide one-half inch veiling flows over the center section of Beebee Island dam from May 1 to October 31; (8) continue to maintain project facilities, including fencing and outbuildings, in a dark brown/green color; 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-2538). 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 ( printed page 51170) 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 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.)