Take notice that the following hydroelectric proceeding has been initiated by the Commission:

a. Application Type: Termination of License by Implied Surrender.

b. Project No: 9709-070.

c. Date Initiated: October 8, 2026.

d. Licensee: ECOsponsible, LLC.

e. Name of Project: Herkimer Hydroelectric Project.

f. Location: The Herkimer Hydroelectric Project is located on the West Canada Creek, Herkimer County, New York.

g. Filed Pursuant to: Standard Article 26.

h. Applicant Contact: 469 Snyder Road, East Aurora NY 14052-9710.

i. FERC Contact: David Rudisail, (202) 502-6376, david.rudisail@ferc.gov.

j. Deadline for filing comments, motions to intervene and protests: November 9, 2026.

The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests using the Commission's eFiling system at www.ferc.gov/​docs-filing/​efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at www.ferc.gov/​docs-filing/​ecomment.asp. You must include your name and contact information at the end of your comments. 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, Maryland 20852. The first page of any filing should include docket numbers P-9709-070. Comments emailed to Commission staff are not considered part of the Commission record.

k. Description of Project Facilities: The project works include: a timber crib dam with a 9-foot-high, 95-foot-long section reaching a crest elevation of 420 feet mean sea level (msl) and 12-foot-high, 145-foot-long section reaching a crest elevation of 419.2 feet msl; a reservoir with a surface area of 19 acres, storage capacity of 163 acre-feet, and normal water surface elevation of 420.5 feet msl; timber flashboards; an intake structure; a reinforced concrete and steel powerhouse containing four generating units with a capacity of 400 kilowatts (kW) each and an 80-kW minimum flow generator at the base of the dam for a total installed capacity of 1,680 kW; a 50-foot-long, 13.2-kilovolt transmission line; and appurtenant facilities. The project has not been operated since 2006.

l. Description of Proceeding: License Article 26 states in part: If the licensee shall abandon or discontinue good faith operation of the project or refuse or neglect to comply with the terms of the license and the lawful orders of the Commission mailed to the record address of the licensee or its agent, the Commission will deem it to be the intent of the licensee to surrender the license.

The project has fallen into disrepair and has not operated since 2006. The project was transferred to ECOsponsible, LLC, by order dated March 12, 2015 (2015 Order). The 2015 Order required the licensee to file a plan and schedule to restore project operation within 60 days. From June 2020 through October 2021, the Commission's Division of Dam Safety and Inspections New York Regional Office (NYRO) and Division of Hydropower Administration and Compliance issued 12 letters requiring the licensee to file a plan and schedule to make the needed repairs and to restore project operation. The licensee responded over the years with at least five plans, but all plans were deficient because they lacked sufficient detail for NYRO's review and approval. On August 26, 2021, NYRO inspected the project and found it in unsatisfactory condition and largely abandoned. The licensee did not attend the inspection and ceased communication with the Commission. On November 8, 2021, the Commission issued a notice of Termination of License by Implied Surrender. Several parties filed interventions and protests in response, including an intervention from, Mr. Dennis Ryan, Jr., purportedly on behalf of ECOsponsible. In order to explain, in part, a lapse in communication with the Commission, Mr. Ryan, Jr. explained that ECOsponsible's “Founder, Management Committee Chairperson, and Treasurer Dennis Ryan, Sr. passed away suddenly.” On March 31, 2022, Mr. Ryan, Jr., again purportedly acting on behalf of the existing licensee, ECOsponsible, filed a Notice of Intent to File an Application for a New License for the Herkimer project (NOI). On April 3, 2024, Commission staff rejected the NOI filed by Mr. Ryan, Jr., determining, among other things, that Mr. Ryan, Jr. was not authorized to do business on behalf of the licensee, ECOsponsible.^[1] Also, on April 3, 2024, the Commission issued a notice Soliciting Notices of Intent to File a New License Application and Pre-Application Documents. Several entities, including Stone Ridge Hydro, LLC (Stone Ridge), filed responses indicating an interest in filing an application for the Herkimer Project. On March 21, 2025, Stone Ridge filed a final license application. On January 7, 2025, the Commission authorized Stone Ridge to use the Traditional Licensing Process to file an application to relicense the Herkimer project. On July 23, 2026, Stone Ridge withdrew its application for relicensing the Herkimer project. The withdrawal of the application became effective on August ( printed page 65204) 7, 2026.^[2] Because the project has been abandoned and there are no extant license applications for the project the Commission will proceed with termination of license by implied surrender.

m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

n. Comments, Protests, or Motions to Intervene: 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, .214, respectively. 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.

o. 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.

p. Agency Comments: Federal, state, and local agencies are invited to file comments on the described proceeding. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments.

q. Filing and Service of Responsive Documents: Any filing must (1) bear in all capital letters the title “COMMENTS,” “PROTEST,” or “MOTION TO INTERVENE” as applicable; (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, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001-385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene, or protests should relate to project works which are the subject of the implied surrender. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. If an intervener 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. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

(Authority: 18 CFR 2.1.)

Footnotes