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FERC Accepts Hawks Nest Hydro Non-Capacity License Amendment

Favicon for www.regulations.gov Regs.gov: Federal Energy Regulatory Commission
Published March 5th, 2026
Detected March 21st, 2026
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Summary

The Federal Energy Regulatory Commission (FERC) has accepted a non-capacity license amendment application from Hawks Nest Hydro, LLC for its hydroelectric project in Fayette County, West Virginia. The amendment proposes converting energy generation and transmission from 25 Hz to 60 Hz to allow direct sale to the regional electric grid.

What changed

FERC has issued a notice regarding a non-capacity license amendment application filed by Hawks Nest Hydro, LLC for Project No. 2512-089. The application, filed on March 5, 2026, proposes significant changes to the Hawks Nest Hydroelectric Project, including replacing turbines and generators and constructing new infrastructure to convert energy generation and transmission from 25 Hz to 60 Hz for direct sale to the regional electric grid. The project is located on the New River in Fayette County, West Virginia, and does not occupy federal lands. The notice also specifies requirements for water quality certification from the West Virginia Department of Environmental Protection and invites cooperation from federal, state, local, and Tribal agencies.

Interested parties, including potential intervenors and the public, must submit comments, motions to intervene, and protests by April 16, 2026. Compliance with West Virginia's water quality certification requirements is also mandated within 60 days of notice issuance. Regulated entities and stakeholders should review the application details and submit any relevant filings by the specified deadlines to ensure their positions are considered by FERC. Failure to comply with filing requirements or deadlines may result in exclusion from the proceeding.

What to do next

  1. Submit comments, motions to intervene, or protests by April 16, 2026.
  2. File water quality certification or waiver evidence with West Virginia DEP within 60 days of notice issuance.
  3. Review application details for potential impacts on operations or environmental compliance.

Source document (simplified)

Content

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.

b. Project No: 2512-089.

c. Date Filed: March 5, 2026.

d. Applicant: Hawks Nest Hydro, LLC.

e. Name of Project: Hawks Nest Hydroelectric Project.

f. Location: The project is located on the New River in Fayette County, West Virginia. The project does not occupy any federal lands.

g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

h. Applicant Contact: Katie Lester, Senior Compliance Manager, Brookfield Renewable, 439 Elizabeth Way, Fayetteville, WV 25840, (570) 226-1371.

i. FERC Contact: Chris Chaney, (202) 502-6778, christopher.chaney@ferc.gov.

j. Cooperating agencies: With this notice, the Commission is inviting federal, state, local, and Tribal agencies with jurisdiction and/or special expertise
with respect to environmental issues affected by the proposal, that wish to cooperate in the preparation of any environmental
document, if applicable, to follow the instructions for filing such requests described in item l below. Cooperating agencies
should note the Commission's policy that agencies that cooperate in the preparation of any environmental document cannot also
intervene. See 94 FERC ¶ 61,076 (2001).

k. Water Quality Certification: A water quality certificate under section 401 of the Clean Water Act is required for this proposal from West Virginia Department
of Environmental Protection (West Virginia DEP). The applicant must file no later than 60 days following the date of issuance
of this notice either: (1) a copy of the request for water quality certification submitted to the West Virginia DEP; or (2)
a copy of the water quality certification or evidence of waiver of water quality certification.

l. Deadline for filing comments, motions to intervene, and protests: April 16, 2026, 5:00 p.m. Eastern Time.

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. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (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: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne
A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852. The first page of any
filing should include the docket number P-2512-089. 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.

m. Description of Request: The licensee is proposing to convert energy generation and transmission from a frequency of 25 hertz (Hz) to 60 Hz, to allow
for the sale of power directly to the regional electric grid. Under the proposal, the licensee would: (1) replace the Unit
1 and Unit 2 turbines and generators, (2) construct a new switchyard near the existing powerhouse, (3) upgrade one of the
existing primary transmission lines and abandon the other in place, (4) construct a new access road near the existing powerhouse,
(5) install a new prefabricated metal building near the existing powerhouse and substation, (6) upgrade ancillary equipment.
The replacement of Units 1 and 2 would increase the project's authorized installed capacity from 102 megawatts (MW) to 108.5
MW and increase the maximum hydraulic capacity from 10,160 cubic feet per second (cfs) to 10,380 cfs. During powerhouse outages
associated with the licensee's proposal, all flows would be spilled into the bypassed reach and the licensee's ability to
provide recreational flow releases would be dependent on project inflows. The licensee would continue to operate the project
in run-of-river mode during and following construction. Following construction, the licensee would increase the minimum flows
in the bypassed reach and increase the number of recreational flow releases while shortening the duration of each recreational
flow release.

n. Locations of the Application: This filing 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 FERCOnlineSupport@ferc.gov, for TTY, call (202) 502-8659. Agencies may obtain copies of the application directly from the applicant.

o. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of
the Commission.

p. 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.

q. 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;
and (3) 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.

r. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact
the Office of Public Participation at (202)502-6595 or OPP@ferc.gov.

(Authority: 18 CFR 2.1)

Dated: March 17, 2026. Debbie-Anne A. Reese, Secretary. [FR Doc. 2026-05523 Filed 3-19-26; 8:45 am] BILLING CODE 6717-01-P

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Named provisions

Non-Capacity Amendment of License Water Quality Certification

Classification

Agency
FERC
Published
March 5th, 2026
Comment period closes
April 16th, 2026 (26 days)
Instrument
Notice
Legal weight
Non-binding
Stage
Consultation
Change scope
Substantive
Document ID
94 FERC ¶ 61,076 (2001)
Docket
FERC-2026-1555-0001

Who this affects

Applies to
Energy companies
Industry sector
2210 Electric Utilities
Activity scope
Energy Generation Grid Interconnection
Geographic scope
California US-CA

Taxonomy

Primary area
Energy
Operational domain
Compliance
Topics
Environmental Compliance Water Quality

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