FERC accepts Cushaw Hydro license amendment application and opens public comment period
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This notice says FERC has accepted Cushaw Hydro, LLC’s request to change how the Cushaw Hydroelectric Project operates on the James River in Virginia. The company wants to install a siphon to carry minimum flows, lower the normal water level, switch from steady run-of-river operations to unit cycling, and allow limited peaking operations on up to 10 days a year. For businesses, regulators, local governments, and community groups, the practical issue is timing: comments, protests, and motions to intervene are due by June 23, 2026, with reply comments due August 7, 2026. The project also needs a water quality certification from Virginia DEQ, so environmental and water-use concerns may shape the review.
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Key Changes
- FERC opened review of Cushaw Hydro’s request to amend the project license.
- The company wants to install a siphon, lower the normal reservoir level, and change operating mode from run-of-river to unit cycling.
- The proposal would allow peaking operations for up to 2 hours on up to 10 days per year, with public comments due by June 23, 2026.
Obligations
What this law requires
The applicant must file with FERC, no later than 60 days after issuance of the notice, either a copy of its request for water quality certification submitted to the Virginia Department of Environmental Quality or a copy of the certification itself, or evidence that certification was waived.
Anyone wishing to submit comments, a protest, or a motion to intervene must file them by the Commission’s deadline and ensure the filing includes the docket number P-906-044 and the filer’s name and contact information.
Reply comments must be filed by the Commission’s reply-comment deadline.
Filings submitted by intervenors must be served on each person listed on the official service list for the project.
If an intervenor files comments or other documents on issues that may affect a resource agency’s responsibilities, the intervenor must also serve a copy on that resource agency.