[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Page 63056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22602]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2452-236]


Consumers Energy Company; Notice of Application Accepted for 
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Application Type: Non-capacity Amendment of License and Request 
for Temporary Variance.
    b. Project No: 2452-236.
    c. Date Filed: September 2, 2022, as supplemented on September 16, 
2022.
    d. Applicant: Consumers Energy Company.
    e. Name of Project: Hardy Hydroelectric Project.
    f. Location: The project is located on the Muskegon River in 
Newaygo County, Michigan.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: David McIntosh, Senior Licensing Engineer, 
Consumers Energy Company, 330 Chestnut Street, Cadillac, MI 49601, 
[email protected], Phone: (800) 477-5050.
    i. FERC Contact: Elizabeth Moats, (202) 502-6632, 
[email protected].
    j. Deadline for filing comments, motions to intervene, and 
protests: November 11, 2022.
    The Commission strongly encourages electronic filing. Please file 
comments, motions to intervene, and protests using the Commission's 
eFiling system at http://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 http://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 [email protected], (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: Kimberly D. Bose, Secretary, Federal Energy Regulatory 
Commission, 888 First Street NE, Room 1A, Washington, DC 20426. 
Submissions sent via any other carrier must be addressed to: Kimberly 
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins 
Avenue, Rockville, Maryland 20852. The first page of any filing should 
include the docket number P-2452-236. Comments emailed to Commission 
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all 
intervenors filing documents with the Commission to serve a copy of 
that document on each person whose name appears 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. Description of Request: The licensee requests a non-capacity 
amendment of its license to upgrade the project's auxiliary spillway 
with: (1) a new 320-foot-wide labyrinth crested control section; (2) a 
new converging chute section; (3) a stilling basin; (4) a section of 
articulated concrete blocks; and (5) a terminal structure that extends 
to the Muskegon River. The licensee proposes to begin construction 
during summer 2023 and construction activities would last approximately 
3 years. The licensee's proposal would require replacing and widening 
the road on the dam crest and temporary closure of several recreation 
sites (e.g., Hardy Dam Nature Trail, Hardy Dam Marina, and Operator's 
Village Fishing Pier).
    To complete the construction described above, the licensee proposes 
to extend the already permitted temporary variance from Article 401, 
approved by the Commission on September 6, 2022. Article 401 allows the 
licensee to, among other things, drawdown the reservoir elevation 12 
feet below the normal operating elevation from January 1 to April 30. 
The temporary variance approved on September 6, 2022, allows the winter 
drawdown to occur from November 1 until the Friday before Memorial Day 
from September 2022 through December 10, 2025. On September 16, 2022, 
the licensee requested to extend the temporary variance to incorporate 
drawdown periods from September 1, 2023, to July 31, 2024; from 
November 1, 2024, to the end of May 2025; and from November 1, 2025, to 
July 31, 2026; and resume the licensed winter drawdown period on 
January 1, 2027.
    l. Locations of the Application: This application may be viewed on 
the Commission's website at http://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. You may also register 
online at http://www.ferc.gov/docs-filing/esubscription.asp to be 
notified via email of new filings and issuances related to this or 
other pending projects. For assistance, call 1-866-208-3676 or email 
[email protected], for TTY, call (202) 502-8659. Agencies may 
obtain copies of the application directly from the applicant.
    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. Filing and Service of 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 commenting, protesting or intervening; and (4) otherwise comply 
with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, motions to intervene, or protests must set forth their 
evidentiary basis. Any filing made by an intervenor 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 
385.2010.

    Dated: October 12, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-22602 Filed 10-17-22; 8:45 am]
BILLING CODE 6717-01-P


