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The existing minor hydroelectric license for the 1,680-kilowatt (KW) Herkimer Hydroelectric Project, located on the West Canada Creek in the Town of Herkimer, Herkimer County, New York expires on March 31, 2027.

Federal Energy Regulatory Commission (FERC or Commission) regulations, require, at least five years before the expiration of a license for a minor waterpower project not subject to sections 14 and 15 of the Federal Power Act, the licensee must file with the Commission a letter that contains an unequivocal statement of the licensee's intent to file or not to file an application for a subsequent license.

PLEASE TAKE NOTICE THAT on March 31, 2022, ECOsponsible, LLC (ECO), the existing licensee for the Herkimer Hydroelectric Project No. 9709, submitted its Notice of Intent (NOI); Pre-Application Document (PAD); and Request to Use Traditional Licensing Process (TLP); for the Herkimer Hydroelectric Project FERC No. 9709 to the FERC pursuant to Commission’s regulations.

In accordance with 18 CFR § 5.5(c), ECO is providing a copy of this NOI, TLP request, and PAD to all affected resource agencies, Indian tribes, and members of the public likely to be interested in this proceeding. The filing of this PAD, TLP authorization request, and the associated NOI by ECOsponsible, LLC., marks the formal start of the relicensing process for the Herkimer Project.

The purpose of this PAD is to provide a description of the existing Project facilities and operations, and any proposed changes to the Project. The PAD is also intended to be a source of existing, relevant, and reasonably available information and data related to the Project area and the environment associated with the Project. Furthermore, the PAD is intended to enable resource agencies and interested parties to identify potential resource issues and related informational needs, and to develop study requests (18 CFR § 5.6(b)).

The Exhibit E of the PAD must be prepared pursuant to 18 C.F.R §§ 4.38 and 4.61. The report must include information on a variety of resources commensurate with the scope and environmental impact of the project’s construction and operation. As demonstrated by the information provided in this PAD, the proposed relicensing of the existing Herkimer Project has a limited scope and environmental impact and does not include any new construction. The Project has an extremely limited physical footprint, and its continued operation as a run-of-river mode indicate that there is little, to no need for additional information to inform the relicensing process. Given these conditions, the applicant is requesting resource agencies provide joint preliminary terms and conditions of a new license in their responses to the PAD. In addition, we anticipate requesting FERC authorize the use of their expediting licensing process pursuant to 18 CFR § 7.3

ECO believes that the successful relicensing history of other local projects, given the apparent lack of complexity of the resource issues, the limited level of anticipated controversy, combined with the previous TLP experience of the Stakeholders in the Project area, there is a very strong likelihood of a timely license issuance.

As required by 18 CFR § 5.3(d)(I), all comments regarding this request to use the TLP must be filed with the Commission within 30 days of filing of this request-which is May 02,2022.

The submissions can be reviewed during normal business hours at ECOsponsible’s West Falls, NY office by contacting Mr. Dennis Ryan, Project Manager at 716-655-3524 or Furthermore, the NOI, PAD, and TLP requests can be viewed online via FERC’s e-library online at, by searching FERC Project No. P-3267. In addition, paper copies of this submission can be made for $.50/page, plus postage both prepaid. Any questions regarding this filing can be sent to Mr. Ryan at the contact information provided above.

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