Department of Energy
Federal Energy Regulatory Commission
- [Project No. 9028-012]
On July 21, 2026, Banister Hydro, Inc. (Banister Hydro) submitted to the Federal Energy Regulatory Commission (Commission) a notice from the Virginia Department of Environmental Quality (Virginia DEQ) that Virginia DEQ received a complete request for a Clean Water Act section 401(a)(1) water quality certification as defined in 40 CFR 121.5, from Banister Hydro, in conjunction with the above captioned project on July 16, 2026. Pursuant to the Commission's regulations,[1] we hereby notify Virginia DEQ of the following:
Date of Receipt of the Certification Request: July 16, 2026.
Reasonable Period of Time to Act on the Certification Request: One year, July 16, 2027.
If Virginia DEQ fails or refuses to act on the water quality certification request on or before the above date, then the certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).
(Authority: 18 CFR 2.1)
Dated: August 5, 2026.
Debbie-Anne A. Reese,
Secretary.