FERC - Ohio Power and Light LLC Water Quality Certification Notice

FR: Federal Energy Regulatory Commission

Published March 26th, 2026

Detected March 26th, 2026

Summary

The Federal Energy Regulatory Commission (FERC) has issued a notice regarding Ohio Power and Light LLC's application for a Clean Water Act section 401(a)(1) water quality certification. The notice establishes the date of receipt of the certification request and the reasonable period of time for the West Virginia Department of Environmental Protection to act on it.

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What changed

The Federal Energy Regulatory Commission (FERC) has published a notice concerning Ohio Power and Light LLC's request for a Clean Water Act section 401(a)(1) water quality certification. The notice, filed on March 26, 2026, specifies that the certification request was received by the West Virginia Department of Environmental Protection on November 13, 2025. FERC has designated November 13, 2026, as the reasonable period of time for the West Virginia DEP to act on the request.

If the West Virginia DEP fails to act by the specified deadline, the certification authority will be deemed waived under section 401(a)(1) of the Clean Water Act. This notice serves to inform relevant parties of the timeline and the implications of inaction by the certifying authority. Compliance officers should note the specific dates and the potential waiver of certification if no action is taken by the West Virginia DEP.

What to do next

Monitor West Virginia DEP's action on the water quality certification request by November 13, 2026.
Be aware of the potential waiver of certification if no action is taken by the deadline.

Source document (simplified)

Notice

Ohio Power and Light, LLC; Notice of Reasonable Period of Time for Water Quality Certification Application

A Notice by the Federal Energy Regulatory Commission on 03/26/2026

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Public Inspection Published Document: 2026-05888 (91 FR 14692) Document Headings ###### Department of Energy

Federal Energy Regulatory Commission

[Project No. 15094-002] On March 16, 2026, Current Hydro LLC (Current Hydro) submitted to the Federal Energy Regulatory Commission (Commission) a notice from the West Virginia Department of Environmental Protection (West Virginia DEP) that West Virginia DEP received a request for a Clean Water Act section 401(a)(1) water quality certification as defined in 40 CFR 121.5, from Ohio Power and Light, LLC, in conjunction with the above captioned project on November 13, 2025. Pursuant to the Commission's regulations, [1 ] we hereby notify West Virginia DEP of the following dates:

Date of Receipt of the Certification Request: November 13, 2025.

Reasonable Period of Time to Act on the Certification Request: One year, November 13, 2026.

If West Virginia DEP fails or refuses to act on the water quality certification request on or before the above date, then the certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).

(Authority: 18 CFR 2.1)

Dated: March 23, 2026.

Carlos D. Clay,

Deputy Secretary.