APPLICATION DOCUMENT AND REQUEST TO USE TRADITIONAL LICENSING PROCESS - Tivis Branch Hydro, LLC

NOTICE OF INTENT

TO FILE PRELIMINARY

APPLICATION DOCUMENT AND

REQUEST TO USE

TRADITIONAL LICENSING PROCESS

On July 25, 2024, Tivis Branch Hydro, LLC filed with the Federal Energy Regulatory Commission: a notice of intent to file an application for a minor license; a preliminary application document (PAD); and a request to use the traditional licensing process (TLP) for the Flannagan Hydroelectric Project, P-15296. The project would be located at an intake tower situated within the reservoir of Flannagan Lake, near the Town of Clintwood, Dickerson County, VA.

The PAD is a compilation of existing information about the project and affected resources and is available for inspection and reproduction at the FERC e-library,

https://elibrary.ferc.gov/

eLibrary/search,

under Docket Number

P-15296,

Accession Number 20240725-5224.

The applicant proposes to use the TLP because the resource issues are well understood, and will be further vetted in the context of the review by the United States Army Corp of Engineers (USACE) as per 33 U.S.C. §408 (the 408 review). There is little anticipated controversy because a license was previously granted for a substantially identical design, and conversations with the stakeholders have already occurred. The previously performed studies on the plant's environmental setting and potential environmental impacts, including such topics as releases and water quality, that have been performed in the context of decades of plant operation and studies conducted under the previous license and have been reported to stakeholders, which supports clear understanding of the project. As such, there is low potential for controversy or dispute. Furthermore, the existing design and consultative body of work will support faster and lower cost development than in the case of the ILP. The TLP is also more easily integrated into the 408 review.

Comments on use of the TLP are due to the Commission and potential applicant no later than September 22, 2024 and must reference the project number P-15296. Any comments on use of the TLP should address: (1) likelihood of timely license issuance; (2) complexity of the resource issues; (3) level of anticipated controversy; (4) relative cost of the TLP compared to the Integrated Licensing Process; (5) the amount of available information and potential for significant disputes over studies; and (6) other pertinent factors. Respondents must submit an electronic filing pursuant to 385.2003(c) or an original and seven copies of their comments to the Secretary, FERC, 888 First Street, NE, Washington, DC 20426.

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