FR 2025-06743

General Summary

This document details a notice from the Federal Energy Regulatory Commission (FERC) regarding a water quality certification request submitted by Lake Lynn Generation, LLC to the West Virginia Department of Environmental Protection (WV DEP). The request pertains to section 401(a)(1) of the Clean Water Act, a crucial environmental protection statute that governs water pollution in the United States. Lake Lynn Generation submitted the request on February 17, 2025, and WV DEP acknowledged its completion on March 13, 2025. According to the notice, WV DEP has until March 13, 2026, to act on the request. If they do not, the certification request will be considered waived, meaning the project could proceed without the state agency's certification.

Significant Issues and Concerns

Several issues stand out in this document:

1. Lack of Abstract: The absence of an abstract may pose a challenge for those looking for a quick overview of the content. An abstract would provide a concise summary and improve accessibility.

2. Typographical Error: The document contains unnecessary whitespace around the phrase "printed page 16524," which could lead to confusion or misinterpretation.

3. Accessibility: A link in the footnotes is formatted only as a URL without hyperlinking or shorthand, making it tedious for readers to access the referenced material. This could hamper their ability to conduct further research.

4. Technical References: References to regulatory provisions, like '18 CFR 5.23(b),' are made without elaboration. Readers unfamiliar with these references may struggle to understand their implications without additional context or explanation.

5. Limited Context: The notice provides a timeframe for the WV DEP to respond but lacks context about the consequences of failing to meet this deadline. Providing such information would assist readers in understanding the significance of the notice.

Impact on the Public

At a broad level, this document underscores the procedural steps involved in environmental regulation, offering insight into how water quality certification processes unfold. Given the environmental implications of the Clean Water Act, the public might find this notice relevant to ongoing discussions about water quality, state versus federal regulatory authority, and the balance of environmental and developmental priorities.

Impact on Specific Stakeholders

Positive Impacts

• Lake Lynn Generation, LLC: The clear timeline benefits the applicant by providing a definitive period in which the WV DEP must act. This provides some certainty that a decision will not be indefinitely delayed, potentially expediting project timelines if the DEP fails to act.

• Regulatory Agencies: The notice serves as a formal reminder to the WV DEP, encouraging the agency to follow established deadlines and maintain accountability.

Negative Impacts

• Environmental Advocates: There may be concern that the waiver provision could allow projects to proceed without thorough environmental scrutiny if the WV DEP does not act in time. Advocates might argue that this undermines local environmental protections.

• Local Communities: Residents near the project site might be worried about potential environmental impacts, particularly if the authority of the WV DEP is waived, allowing the project to move forward without state-level water quality assurances.

Overall, while this notice provides a procedural update, its broader implications stress the dynamic between environmental regulation and project facilitation, emphasizing the roles of both federal and state institutions in environmental governance.