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Mahoning Hydropower, LLC

11365 Normandy Lane, Chagrin Falls, Ohio 44023 phone: 440-804-6627 fax: 440-498-1101

May 16, 2011

Federal Energy Regulatory Commission Secretary, Kimberly D. Bose 888 First Street NE Room 1A Washington, D.C. 20426


Request for Approval to Use the Traditional Licensing Process for the Lake Milton Hydroelectric Project No. P-13953

Dear Secretary: Pursuant to Section 5.3 of the Commission’s regulations, 18 CFR § 5.3, Mahoning Hydropower, LLC (Applicant) hereby requests use of the Traditional Licensing Process (“TLP”) for the licensing of the Lake Milton Hydroelectric Project. Concurrent with this filing, but under separate cover, the Applicant is filing its Notification of Intent and Pre-Application Document for the Project. We address below the following considerations to justify our request to use the TLP. Likelihood of Timely License Issuance [18 CFR § 5.3(c)(1)(ii)(A)] Use of the TLP significantly increases the likelyhood of Timely License Issuance as Stage 1 consultation has already been conducted under previous docket number P-13402. Therefore stage 1 consultation is expected to be waived thus expediting the licensing process. Complexity of the Resource Issues [18 CFR § 5.3(c)(1)(ii)(B)] The proposed project is very small (650 KW) and will be located at an existing dam. It involves no new diversion or change in discharge/flow releases, no changes to existing lake elevation levels, proposes a small powerhouse and short transmission line, involves

no wetlands or other special habitat types, no Indian Tribes or marine fisheries would be impacted, and involves no critical habitat of federally threatened and endangered species. The proposed facility represents a conventional hydro design with well known and well studied impacts. Level of Anticipated Controversy [18 CFR § 5.3(c)(1)(ii)(C)] Stage 1 consultation was completed in 2010 under previous docket P-13402. The USACE has already reviewed the proposed project and issued a provisional NWP 17. The state and federal wildlife agencies have reviewed the fish safety study that was conducted under the previous docket and are satisfied with the results. The Ohio Historic Preservation office indicated that no historic properties would be negatively affected. No interested parties have objected to the proposed project. The project is supported by the Lake Milton State Park. Therefore the level of controversy is expected to be low. Relative Cost of the Traditional Licensing Process Compared to the Integrated Licensing Process [18 CFR § 5.3(c)(1)(ii)(D)] We estimate that the TLP process (including preparation of the PAD) would cost $30,000. In contrast the meetings, formal consultation protocol and documentation
requirements under the Integrated Licensing Process (ILP) would probably increase the licensing cost to about $100,000 or more. The ILP would also increase the cost of agency involvement due to increased travel requirements to meeting sites. More significantly to the Applicant, the ILP would probably delay a licensing decision for one year or more beyond the time required to complete the TLP. This delay would tie up the applicant’s capital and prevent timely development. The current climate for renewable energy projects is favorable due to federal incentives such as the 1603 grant program, which expires at the end of 2011. The TLP process is believed to be the only option that would potentially allow the Applicant to take advantage of this valuable incentive program.

The Amount of Available Information and Potential for Significant Disputes Over Studies [18 CFR § 5.3(c)(1)(ii)(E)] There are excellent resources of information available regarding the proposed project including a USGS gage approximately .3 miles downstream of the proposed project. There is a USACE dam less than 10 miles upstream where very thorough monitoring occurs. The OEPA has conducted comprehensive assessments of the Mahoning River in the area of the proposed project. Additionally studies including Fish Safety and PreHydro Water Quality studies were conducted by Hydro Energy Technologies, LLC under P-13402. These studies were received well by resource agencies and interested parties. The issues regarding what studies need to be conducted have been resolved and the studies have been completed. No further disputes or study requests are expected. Other Pertinent Factors [18 CFR § 5.3(c)(1)(ii)(F)]
The Applicant believes that the Lake Milton Hydroelectric Project is a straightforward

development of an existing dam. The project would generate construction jobs, increase the local tax base, and produce clean renewable energy at a time when the United States is in need of economic stimulus. The Applicant believes that the TLP is the most direct and expedient way to develop this project and that a sound licensing decision can be made from existing information. The Applicant has already performed stage 1 consultation and is prepared to distribute the draft application as early as 30 days from this request if there are no objections from the interested parties to waive stage 1 consultation.

For all of the foregoing reasons, the Applicant respectfully requests that the Commission grant this request and authorize the Applicant to use the TLP for the licensing of the Project. As required by 18 CFR § 5.3(d)(1), the applicant is concurrently providing copies of this request to all affected resource agencies, Indian tribes, and potentially interested parties. As required by 18 CFR § 5.3(d)(2), the Applicant is publishing notice of this request simultaneously with the publication of notice of availability of the NOI and PAD in the Youngstown Vindicator of general circulation in the counties where the Project is located. By this letter, the Applicant is notifying the resource agencies, Indian tribes, and potentially interested parties that comments on this application must be provided to the Commission and the Applicant no later than 30 days following the filing date of this document. All comments should reference Project No. P-13953 — Lake Milton Hydroelectric Project, and they should address, as appropriate to the circumstances of the request, the following topics:       Likelihood of timely license issuance; Complexity of the resource issues; Level of anticipated controversy; Relative cost of the TLP compared to the ILP; The amount of available information and potential for significant disputes over studies; and Other factors believed by the commenter to be pertinent.

Comments should be submitted to the Commission electronically pursuant to 18 CFR § 385.2003(c), or by sending an original and eight copies to: Office of the Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 Copies of the comments should be sent to: Mahoning Hydropower, LLC 11365 Normandy Lane Chagrin Falls, Ohio 44023

Or by email to

Respectfully submitted,

Anthony J. Marra III Mahoning Hydropower, LLC