[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25398-25399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08739]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3409-036]


Boyne USA, Inc.; 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: Temporary variance of license requirement.
    b. Project No.: 3409-036.
    c. Date Filed: April 17, 2023.
    d. Applicant: Boyne USA, Inc.
    e. Name of Project: Boyne River Hydroelectric Project.
    f. Location: The project is located on the Boyne River in 
Charlevoix County, Michigan and does not occupy Federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Tyler Prange, Area Manager, Boyne Mountain 
Resort, Boyne USA, Inc. (231) 549-6076, [email protected].
    i. FERC Contact: Brian Bartos, (202) 502-6679, 
[email protected].
    j. Deadline for filing comments, motions to intervene, and protests 
is May 19, 2023.
    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, MD 20852. The first page of any filing should 
include docket number P-3409-036. 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 Commission 
approval, through December 31, 2023, for a temporary variance of the 
run of river (ROR) requirements at the Boyne Project, as required by 
Article 25 of the amended project license. The licensee is requesting 
the variance to perform an 11-foot drawdown of the project reservoir in 
order to complete necessary maintenance of the hydropower generation 
system, maintenance of the intake canal, and work to the left 
embankment to bring factors of safety into compliance with the 
Commission's guidelines. The temporary variance from ROR requirements 
would only be necessary during the drawdown and refill periods; ROR 
operation would be maintained in between. The licensee anticipates the 
drawdown process to take approximately one month and would initiate 
drawdown after May 15, 2023. The proposed refill of the impoundment 
would occur over a period of two weeks in late summer or late fall of 
2023 and would maintain a

[[Page 25399]]

minimum release equivalent to the 95 percent exceedance flow 
(approximately 30 cubic feet per second). Additionally, the licensee 
provided a mitigation plan in its application for potentially stranded 
organisms, including mussels, for all bottomlands exposed during the 
drawdown, as well as proposed measures to protect endangered species 
potentially occurring at the project, per resource agency 
recommendations.
    l. Locations of the Application: The Commission provides all 
interested persons an opportunity to view and/or print the contents of 
this document via the internet through the Commission's website at 
http://www.ferc.gov/docs-filing/elibrary.asp. 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. Agencies may 
obtain copies of the application directly from the applicant. For 
assistance, contact the Federal Energy Regulatory Commission at 
[email protected] or call toll free, (866) 208-3676 or TTY, 
(202) 502-8659.
    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. 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 Responsive Documents: All filings 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 through 385.2005. All 
comments, motions to intervene, or protests must set forth their 
evidentiary basis. 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 385.2010.

    Dated: April 19, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-08739 Filed 4-25-23; 8:45 am]
BILLING CODE 6717-01-P


