[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69025-69026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26380]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5000-000]


Ampersand Kayuta Falls Hydro, LLC; Notice of Existing Licensee's 
Failure To File a Timely Notice of Intent To File a Subsequent License 
Application, and Soliciting Notices of Intent To File a License 
Application and Pre-Application Documents

    The current license for Kayuta Lake Hydroelectric Project No. 5000 
(Kayuta Lake Project) was issued to the original licensee, Lawrence R. 
Taft, on September 12, 1984.\1\ The license was transferred to 
Trafalgar Power, Inc. on October 20, 1987; \2\ and was transferred to 
the current licensee, Ampersand Kayuta Falls Hydro, LLC (Ampersand),

[[Page 69026]]

on March 18, 2015.\3\ The original license was issued for a term of 40 
years, ending August 31, 2024. The license expiration date was extended 
to May 31, 2026 by order issued on July 24, 2017.\4\ The 482-kilowatt 
(kW) project is located on the Black River in Oneida County, New York.
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    \1\ See Lawrence R. Taft, 28 FERC ] 62,360 (1984).
    \2\ See Lawrence R. Taft, Trafalgar Power, Inc., 41 FERC ] 
62,059 (1987).
    \3\ See Trafalgar Power, Inc., Ampersand Kayuta Falls Hydro LLC, 
150 FERC ] 62,172 (2015).
    \4\ See Ampersand Kayuta Lake Hydro, LLC, 160 FERC ] 62,066 
(2017).
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    The Kayuta Lake Hydroelectric Project consists of: (a) A 450-foot-
long, 26-foot-high dam comprising: (1) A 200-foot-long spillway section 
with crest elevation of 1,141.7 feet mean sea level (msl); (2) a 40-
foot-long gated intake section at the left (south) river bank having 
four 30-foot-long, 3-foot-diameter steel penstocks; and (3) a 210-foot-
long earth embankment; (b) a reservoir (Kayuta Lake) having a surface 
area of 793 acres and a gross storage capacity of 4,889 acre-feet at 
normal pool elevation of 1,141.7 feet msl; (c) a trash rack; (d) a 
powerhouse containing one generating unit with an authorized capacity 
of 482 kW and operated under a 15-foot-head and flow of 405 cfs; (e) a 
three-phase 480/46,000-volt 0.4-megavolt-ampere step-up transformer; 
(f) a 100-foot-long, 46-kilovolt overhead transmission line; and (g) 
appurtenant facilities.
    At least five years before the expiration of a license for a minor 
water power project in which sections 14 and 15 of the Federal Power 
Act were waived, the Commission's regulations require the licensee to 
file with the Commission a notice of intent (NOI) that contains an 
unequivocal statement of the licensee's intention to file or not to 
file an application for a subsequent license, details on the principal 
project works and installed plant capacity, and other information.\5\
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    \5\ 18 CFR 16.19(b) (2020) (citing 18 CFR 16.6(b)). Section 
16.19(b) applies to licenses not subject to Parts 14 and 15 of the 
Federal Power Act.
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    If such a licensee does not inform the Commission that it intends 
to file an application for, in this case, a subsequent license for the 
project, the licensee may not file an application for a subsequent 
license, either individually or in conjunction with an entity or 
entities that are not currently licensees of the project.\6\
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    \6\ 18 CFR 16.24(b) (2020).
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    Because the current license expires on May 31, 2026, the NOI was 
due to be filed no later than the close of business on May 31, 2021.\7\ 
Ampersand, the current licensee for the Kayuta Lake Project, failed to 
file an NOI by this date.\8\
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    \7\ The Commission's Rules of Practice and Procedure provide 
that if a filing deadline falls on a Saturday, Sunday, holiday, or 
other day when the Commission is closed for business, the filing 
deadline does not end until the close of business on the next 
business day. 18 CFR 385.2007(a)(2) (2020). Because the deadline to 
file the NOI fell on a federal holiday (i.e., Memorial Day), the 
filing deadline was extended until the close of business on Tuesday, 
June 1, 2021.
    \8\ On November 23, 2021, Ampersand filed a notice of intent and 
a letter indicating that it intended to proceed with relicensing for 
the Kayuta Lake Hydroelectric Project No. 5000, however, it did not 
include a PAD as required by section 5.6 of the regulations.
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    Any party interested in filing a license application for the Kayuta 
Lake Project No. 5000 must first file a NOI \9\ and pre-application 
document (PAD) \10\ pursuant to Part 5 of the Commission's regulations. 
Although the integrated licensing process is the default pre-filing 
process, section 5.3(b) of the Commission's regulations allows a 
potential license applicant to request to use alternative licensing 
procedures when it files its NOI.\11\
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    \9\ 18 CFR 5.5 (2020).
    \10\ 18 CFR 5.6 (2020).
    \11\ 18 CFR 5.3(b) (2020).
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    This notice sets a deadline of 120 days from the date of this 
notice for interested applicants, other than the existing licensee, to 
file NOIs, PADs, and requests to use an alternative licensing process.
    Applications for a subsequent license from potential (non-licensee) 
applicants must be filed with the Commission at least 24 months prior 
to the expiration of the current license.\12\ Because the current 
license expires on May 31, 2026, applications for license for this 
project must be filed by May 31, 2024.\13\
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    \12\ 18 CFR 16.20 (2020).
    \13\ To the extent an interested applicant files an NOI and PAD 
and elects or is required to use the Commission's ILP, a process 
plan will be issued within 180 days of this notice, which 
accelerates the steps of the ILP to allow for filing a subsequent 
license application by the May 31, 2024 deadline.
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    Questions concerning this notice should be directed to Samantha 
Pollak at (202) 502-6419 or [email protected].

    Dated: November 30, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26380 Filed 12-3-21; 8:45 am]
BILLING CODE 6717-01-P


