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Notice of Intent and Pre-Application Document

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Notice of Intent and Pre-Application Document November 23, 2020 Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. 20426 Via Electronic Filing Re: Worumbo Hydroelectric Project (FERC No. 3428) Notification of Intent to File License Application and Pre-Application Document Dear Secretary Bose: Brown Bear II Hydro, Inc. (BB2H or “The Applicant”), a subsidiary of Eagle Creek Renewable Energy, LLC, is preparing to relicense the Worumbo Hydroelectric Project (FERC No. 3428), “the Project”, with the Federal Energy Regulatory Commission (FERC or Commission). The Project is located on the Androscoggin River in the Town of Lisbon, Androscoggin County, Maine. The FERC license expires on November 30, 2025. BB2H hereby commences the relicensing process by filing its Notice of Intent (NOI) to file an application for subsequent license and Pre-Application Document (PAD) for the Project in accordance with the Commission’s regulations. BB2H intends to utilize the Commission’s Integrated Licensing Process (ILP). In accordance with 18 C.F.R. §§ 5.5(c) and 5.6(a)(1) of the Commission’s regulations, the Applicant is simultaneously distributing electronic copies of the NOI and PAD to relevant federal and state resource agencies, Indian tribes, non-governmental organizations, and other potentially interested parties, as set forth on the attached stakeholder distribution list. Due to the ongoing COVID-19 pandemic, the Applicant is not providing two courtesy paper copies of the NOI and PAD to Commission Staff in the Office of Energy Projects and Office of General Counsel – Energy Projects, as is typically required by the Commission’s filing guidelines. The Applicant understands that the Commission will public notice the filing of the NOI and PAD within 60 days of the filing date. FERC will then hold a public scoping meeting and site visit at the Project within 90 days of the filing date. Interested parties’ written comments on the PAD must be filed with FERC, with a copy to the Applicant, within 30 days of the public scoping meeting. Some of the information presented in the PAD is considered Critical Energy Infrastructure Information (CEII) as defined by 18 C.F.R. § 388.113(c). Such information has been removed from the public version of the PAD. In accordance with the Commission’s filing guidelines, all CEII is included in a separate volume (Volume 2) that has been clearly marked as “CONTAINS CRITICAL ENERGY/ELECTRIC INFRASTRUCTURE INFORMATION – DO NOT RELEASE.” BB2H respectfully requests that this information be accorded treatment as CEII, as it consists of detailed Project facility diagrams and other information relating to the “production, generation, transportation, transmission, or distribution of energy” (18 C.F.R. § 388.113(c)). In addition, some of the information presented in the PAD contains confidential financial information as defined by 18 C.F.R. § 388.112, which has been removed from the public version of the PAD. BB2H respectfully requests such information be treated as privileged. This information has Eagle Creek Renewable Energy 116 N. State Street, PO Box 167, Neshkoro, WI 54960-0167 Tel: 920-293-4628 – Fax: 920-293-8087 www.eaglecreekre.com been filed in accordance with the Commission’s filing guidelines as Volume 3, which has been clearly marked as “CONTAINS PRIVILEGED INFORMATION – DO NOT RELEASE.” In support of relicensing and in accordance with 18 C.F.R. § 5.5(e), BB2H is requesting designation as the proceeding’s non-federal representative for consultation under Section 7 of the Endangered Species Act with the United States Fish and Wildlife Service, National Marine Fisheries Service, and additional applicable agencies. BB2H is also requesting designation as the non-federal representative for consultation under Section 106 of the National Historic Preservation Act. If there are any questions or comments regarding the NOI, PAD, or any information provided by the Applicant, please contact Matthew Nini at (973) 998-8171 or by email at [email protected]. Respectfully, Michael Scarzello Regulatory Director cc: Attached Distribution List Enclosure: Notification of Intent (NOI) and Pre-Application Document (PAD) for the Worumbo Hydroelectric Project Eagle Creek Renewable Energy 116 N. State Street, PO Box 167, Neshkoro, WI 54960-0167 Tel: 920-293-4628 – Fax: 920-293-8087 www.eaglecreekre.com UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Brown Bear II Hydro, Inc. PROJECT NO. 3428 NOTICE OF INTENT TO FILE APPLICATION FOR SUBSEQUENT LICENSE Pursuant to 18 C.F.R. § 5.5, Brown Bear II Hydro, Inc. (the Applicant) hereby notifies the Federal Energy Regulatory Commission of its intention to file an Application for a Subsequent License for the Worumbo Hydroelectric Project, FERC No. 3428. The current Project license was issued on December 24, 1985 (effective December 1, 1985) and expires on November 30, 2025. Accordingly, the Applicant shall file an Application for New License no later than November 30, 2023. The following information is provided consistent with the requirements of 18 C.F.R. § 5.5: (1) Applicant’s Name and Address: Applicant’s Name: Brown Bear II Hydro, Inc. Address: Brown Bear II Hydro, Inc. 116 North State Street PO Box 167 Neshkoro, WI 54960-0167 (2) FERC Project Number: FERC Project No. 3428 (3) License Expiration Date: November 30, 2025 (4) Unequivocal Statement of Intent: The Applicant states its intention to file an application for a Subsequent License utilizing the Commission’s Integrated Licensing Process (ILP) on or before November 30, 2023. (5) Type of Principal Project Works to be Licensed: The Project consists of: (1) a dam/spillway, consisting of a gated flood spillway, a concrete ogee spillway with crest elevation at 97 feet mean sea level (msl) with two-foot-high hinged flashboards, a center rock ledge section containing a concrete dike with a crest elevation at 97 feet msl with two-foot-high hinged flashboards, and a 744-foot-long concrete spillway with three independently operable pneumatic flashboard sections; (2) an intake section; (3) upstream and downstream fish passage structures; (4) an integral powerhouse equipped with two turbine- generator units having a rated total capacity of 19.4 MW at a net operating head of 28.5 feet; (5) an impoundment with a surface area of 190 acres at a normal full pond elevation of 98.5 feet msl; and (6) appurtenant facilities. - 1 - (6) Project Location: State or Territory: Maine Counties: Androscoggin Township or nearby town: Lisbon Waterway: Androscoggin River (7) Installed Plant Capacity: Turbine Generator Hydraulic Unit Capacity1 Capacity Capacity Capacity Unit 1 10.5 MW 9.7 MW 9.7 MW 4,520 cfs Unit 2 10.5 MW 9.7 MW 9.7 MW 4,520 cfs Total 21 MW 19.4 MW 19.4 MW 9,040 cfs 1 Per 18 C.F.R. §11.1(i), a unit’s capacity is the lesser of the capacity of the generator vs. the turbine (8) Names and Mailing Addresses of Entities Listed in 18 C.F.R. 5.5(b)(8): (i) Every county in which any part of the project is located, and in which any federal facility that is used by the project is located are: Androscoggin County Government 2 Turner Street Auburn, ME 04210 The Project does not occupy or use any federal lands or facilities. (ii)(A) Every city, town or similar political subdivision in which any part of the project is or to be located and any federal facility that is or is to be used by the project is located: Town of Lisbon Town of Durham 300 Lisbon Street 630 Hallowell Road Lisbon, ME 04250 Durham, ME 04222 The Project does not occupy or use any federal lands or facilities. (ii)(B) Every city, town, Indian tribe, or similar local political subdivision that has a population of 5,000 or more people and is located within 15 miles of the Project dam are: Town of Freeport Town of Gray 30 Main Street 24 Main Street Freeport, Maine 04032 Gray, Maine 04039 City of Lewiston Town of Lisbon 27 Pine Street 300 Lisbon Street Lewiston, Maine 04240 Lisbon, Maine 04250 - 2 - Town of New Gloucester Town of Poland 385 Intervale Road 1231 Maine Street New Gloucester, Maine 04260 Poland, ME 04274 Town of Topsham Town of Yarmouth 100 Main Street 200 Main Street Topsham, Maine 04086 Yarmouth, Maine 04096 (iii) Every irrigation district, drainage district, or similar special purpose political subdivision (A) in which any part of the project is located, and any Federal facility that is or is proposed to be used by the project is located, or (B) that owns, operates, maintains, or uses any project facility or any Federal facility that is or is proposed to be used by the project: There is no irrigation district, drainage district, or similar special purpose political subdivision in which any part of the Project is located or that owns, operates, maintains, or uses any Project facility. The Project uses no Federal facilities and occupies no Federal lands. (iv) Every other political subdivision in the general area of the project that there is reason to believe would likely to be interested in, or affected by the notification are: There is no other political subdivision in the general area of the Project that there is reason to believe would be likely to be interested in, or affected by, this notification. (v) The names and mailing addresses of affected Indian tribes Aroostook Band of Micmacs Penobscot Indian Nation 7 Northern Road 12 Wabanaki Way Presque Isle, Maine 04769 Indian Island, Maine 04468 Passamaquoddy Native American Passamaquoddy Tribe Nation Indian Township Pleasant Point Reservation PO Box 301 Tribal Building Office Princeton, ME 04668 9 Sakom Road Perry, Maine 04667 Houlton Band of Maliseet 88 Bell Road Littleton, Maine 04730 - 3 - All correspondence and service of documents relating to this Notification of Intent and subsequent proceeding should be addressed to: Michael Scarzello Regulatory Director Eagle Creek Renewable Energy, LLC 116 N.
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