Ohio Power and Light LLC Water Quality Certification Application
Summary
The Federal Energy Regulatory Commission (FERC) issued a notice regarding Ohio Power and Light, LLC's water quality certification application under the Clean Water Act. The notice confirms the receipt date of November 13, 2025, and sets a one-year period for the West Virginia Department of Environmental Protection to act on the certification.
What changed
FERC has issued a notice acknowledging the submission of a water quality certification request by Ohio Power and Light, LLC, to the West Virginia Department of Environmental Protection (West Virginia DEP). The notice specifies the request was received on November 13, 2025, and establishes November 13, 2026, as the deadline for the West Virginia DEP to act. Failure to act by this date will result in a waiver of the certification authority, as per Section 401(a)(1) of the Clean Water Act.
This notice serves to inform relevant parties of the timeline for the certification process. Compliance officers should note that the West Virginia DEP has one year to issue the certification. If the DEP fails to act within this timeframe, the certification is deemed waived, which may impact project timelines and permitting for Ohio Power and Light, LLC.
What to do next
- Monitor West Virginia DEP's action on the water quality certification request by November 13, 2026.
Source document (simplified)
Content
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. [FR Doc. 2026-05888 Filed 3-25-26; 8:45 am] BILLING CODE 6717-01-P
Footnotes
(1) 18 CFR 4.34(b)(5)(iii).
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