
[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81075-81077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25675]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5679-041]


Energy Stream, LLC; Notice of Application Accepted for Filing, 
Soliciting Motions To Intervene and Protests, Ready for Environmental 
Analysis, and Soliciting Comments, Recommendations, Terms and 
Conditions, and Prescriptions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 5679-041.
    c. Date Filed: July 15, 2022.

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    d. Applicant: Energy Stream, LLC.
    e. Name of Project: M.S.C. Hydroelectric Project (project).
    f. Location: On the Quinebaug River in Windham County, Connecticut.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Rolland Zeleny, Energy Stream, LLC, 18 
Washington St., Suite 18, Canton, MA 02021; Phone at (603) 498-8089, or 
email at [email protected].
    i. FERC Contact: John Baummer at (202) 502-6837, or 
[email protected].
    j. Deadline for filing motions to intervene and protests, comments, 
recommendations, terms and conditions, and prescriptions: 60 days from 
the issuance date of this notice; reply comments are due 105 days from 
the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file 
motions to intervene and protests, comments, recommendations, terms and 
conditions, and prescriptions using the Commission's eFiling system at 
https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit 
brief comments up to 6,000 characters, without prior registration, 
using the eComment system at https://ferconline.ferc.gov/QuickComment.aspx. 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: Secretary, Federal Energy Regulatory Commission, 888 
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via 
any other carrier must be addressed to: Secretary, Federal Energy 
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. 
All filings must clearly identify the project name and docket number on 
the first page: M.S.C. Hydroelectric Project (P-5679-041).
    The Commission's Rules of Practice require all intervenors filing 
documents with the Commission to serve a copy of that document on each 
person 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. This application has been accepted for filing and is now ready 
for environmental analysis.
    l. The M.S.C. Project consists of the following existing 
facilities: (1) a 296-foot-long, 14.3-foot-high granite block and 
concrete dam that includes: (a) an approximately 38-foot-long headgate 
structure with four aluminum sluice gates that are each 4 feet wide by 
10 feet high; (b) a 115-foot-long granite block spillway section with a 
concrete cap, 16-inch-high flashboards, and a crest elevation of 287.80 
feet mean sea level (msl) at the top of the flashboards; (c) a 5-foot-
wide abutment at the northwest end of the spillway; (d) a 7-foot-wide 
pier at the at the southwest end of the spillway; (e) a 91-foot-long 
auxiliary concrete gravity spillway section with a crest elevation of 
288.70 feet msl; (f) an 8-foot-wide abutment at the southwest end of 
the auxiliary spillway; and (g) a 32-foot-long retaining wall section 
with a 10-foot-wide, 10-foot-high stoplog gate and a crest elevation of 
289.7 feet msl; (2) an impoundment with a surface area of 52 acres at 
an elevation of 287.8 feet msl; (3) a 38-foot-wide, 24-foot-long stone 
and concrete forebay downstream of the headgate structure; (4) a 19-
foot-wide, 11-foot-high intake structure at the downstream end of the 
forebay with a 19-foot-wide, 16.5-foot-high trashrack with 1.6-inch 
clear bar spacing; (5) a 2-foot-wide, 3-foot-high low-level outlet gate 
adjacent to the trashrack; (6) a 30-foot-long, 14-foot-wide steel and 
reinforced concrete powerhouse containing a 400-kilowatt (kW) Kaplan 
turbine-generator unit and a 112-kW Francis turbine-generator unit, for 
a total installed capacity of 512 kW; (7) a 50-foot-long, 26-foot-wide 
tailrace; (8) three 50-foot-long, 2.4-kilovolt (kV) lead lines that 
connect the generators to three 2.4/23-kV step-up transformers, which 
connect to the regional grid; and (9) appurtenant facilities The 
project creates an approximately 65-foot-long bypassed reach of the 
Quinebaug River.
    Article 401 of the current license requires Energy Stream, LLC to 
operate the project in a run-of-river mode, such that project outflow 
approximates inflow. Energy Stream, LLC maintains the impoundment at 
the flashboard crest elevation of 288.74 feet msl. To protect aquatic 
resources, Article 26 of the current license requires Energy Stream, 
LLC to release a continuous minimum flow of 144 cubic feet per second 
(cfs) or inflow to the impoundment, whichever is less, into the 
downstream reach, as measured immediately below the tailrace. Article 
402 of the current license specifies seasonal minimum flow releases to 
the downstream reach when refilling the impoundment following emergency 
or maintenance drawdowns, including 90 percent of impoundment inflow.
    Article 404 of the current license requires Energy Stream, LLC to 
provide upstream and downstream passage for American eels. Upstream 
passage for American eels is provided from June 15 to September 1 by 
netting placed over the dam and ramps extending to the crest of the 
flashboards. Downstream American eel passage is provided from September 
1 through November 15, on rainy nights and three nights after rain 
events, through a notch in the flashboards located on the west side of 
the spillway, and a low-level outlet gate.
    The minimum and maximum hydraulic capacities of the powerhouse are 
40 and 545 cfs, respectively. The average annual generation of the 
project was approximately 2,885 megawatt-hours from 2017 through 2021.
    Energy Stream, LLC is not proposing any changes to project 
facilities or operation.
    m. A copy of the application can be viewed on the Commission's 
website at https://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. For assistance, contact FERC Online 
Support.
    n. 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, and .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.
    All filings must: (1) bear in all capital letters the title 
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,'' 
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;'' 
(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, recommendations, terms and 
conditions, or prescriptions must set forth their evidentiary basis and 
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may 
obtain copies of the application directly from

[[Page 81077]]

the applicant. A copy of any protest or motion to intervene must be 
served upon each representative of the applicant specified in the 
particular application. A copy of all other filings in reference to 
this application must be accompanied by proof of service on all persons 
listed on the service list prepared by the Commission in this 
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    You may also register online at https://www.ferc.gov/ferc-online/overview to be notified via email of new filings and issuances related 
to this or other pending projects. For assistance, contact FERC Online 
Support.
    o. The applicant must file no later than 60 days following the date 
of issuance of this notice: (1) a copy of the water quality 
certification; (2) a copy of the request for certification, including 
proof of the date on which the certifying agency received the request; 
or (3) evidence of waiver of water quality certification. Please note 
that the certification request must comply with 40 CFR 121.5(b), 
including documentation that a pre-filing meeting request was submitted 
to the certifying authority at least 30 days prior to submitting the 
certification request. Please also note that the certification request 
must be sent to the certifying authority and to the Commission 
concurrently.
    p. Procedural Schedule: The application will be processed according 
to the following schedule. Revisions to the schedule will be made as 
appropriate.

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                 Milestone                           Target date
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Filing of Comments, Recommendations, Terms  January 2024.
 and Conditions, and Fishway Prescriptions.
Filing of Reply Comments..................  February 2024.
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    q. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.
    r. The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202) 502-6595 or [email protected].

    Dated: November 14, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-25675 Filed 11-20-23; 8:45 am]
BILLING CODE 6717-01-P


