FERC Issues Order Issuing New License re Appalachian Power Company’s Winfield Hydroelectric Project Under P-1290

Targeted News Service

WASHINGTON, Jan. 31 -- The U.S. Department of Energy'sFederal Energy Regulatory Commission issued the text of the following delegated order:

Appalachian Power Company

Project No. 1290-012

ORDER ISSUING NEW LICENSE

(January 31, 2014)

INTRODUCTION

1. On January 31, 2012, Appalachian Power Company (Appalachian) filed, pursuant to sections 4(e) and 15 of the Federal Power Act (FPA), an application for a new major license to continue operation and maintenance of the Winfield Hydroelectric Project. The 14.76-megawatt (MW) Winfield Project is located at the U.S. Army Corps of Engineers (Corps) Winfield dam located at river mile (RM) 31.1 on the Kanawha River, in Putnam County, West Virginia. The project currently occupies 8.25 acres of federal lands administered by the Corps. As discussed below, this order issues a new license for the project.

BACKGROUND

2. The Commission issued the original license for the project on April 9, 1936. The Commission issued a new license on September 26, 1983, which expires on January 31, 2014.

3. On June 8, 2012, the Commission issued a public notice that was published in the Federal Register accepting the application for filing; soliciting motions to intervene, protests, comments, recommendations, terms and conditions, and fishway prescriptions; and indicating the application was ready for environmental analysis. The notice set August 7, 2012, as the deadline for filing motions to intervene, comments, final recommendations, terms and conditions, and prescriptions. The West Virginia Division of Natural Resources (West Virginia DNR) filed a motion to intervene on July 30, 2012, and comments on August 7, 2012.

4. An Environmental Assessment (EA) was prepared by Commission staff and issued on December 4, 2012, analyzing the impacts of the project and alternatives to it. Appalachian Power filed comments on the EA. The intervention, comments, and recommendations have been fully considered in determining whether, and under what conditions, to issue this license.

PROJECT DESCRIPTION

A. Existing Corps Facilities and Operation

5. The Corps' Winfield Locks and Dam is located at RM 31.1 on the Kanawha River. The 38-foot-high Winfield dam is a gated dam with six roller gates, spanning 100 feet between piers. The Winfield locks system consists of three locks. The main landward lock is 110 feet wide by 800 feet long with miter gates and the riverward, twin auxiliary locks are each 56 feet wide by 360 feet long with miter gates. The Winfield impoundment extends upstream from the dam approximately 36.7 miles to the base of the Corps' Marmet dam. The impoundment has a surface area of 3,738 acres at the normal full-pool elevation of 566.0 feet National Geodetic Vertical Datum (NGVD) and approximately 139 miles of shoreline (including backwater into tributaries, excluding islands). The storage capacity of the impoundment is estimated to be 59,600 acre-feet. 6. The Corps operates the Winfield dam to maintain a navigational channel at least 9 feet deep through the impoundment.

B. Project Facilities

7. The Winfield Project, as currently licensed, consists of: a forebay area protected by a 410-foot-long log boom; screened intake structures; a concrete powerhouse integral to the dam containing three turbine-generator units with a total installed capacity of 14.76 MW; a tailrace 410 feet long; the Winfield substation containing a generator step-up bank of three transformers and three auxiliary transformers; and two 69-kilovolt (kV) transmission lines, one of which is a 5.7-mile-long line terminating at the Teays substation, and the other a 3.7-mile-long line terminating at the Bancroft substation. Project recreation facilities at the Winfield Project include a tailrace fishing pier and parking area.

C. Project Operation

8. Operation of the Winfield Project is governed by the conditions of the existing license. Article 40 of the existing license required the licensee to enter into an operating agreement with the Corps to coordinate operation of Project No. 1290, the London-Marmet Project No. 1175, and the Hawks Nest/Glen Ferris Project No. 2512 "to optimize the utilization of flows in the lower Kanawha River for navigation, power production, flood control, and other beneficial public uses...." The operating agreement specifies in Appendix B that the allowable drawdown of the Winfield impoundment is limited due to navigation priorities to 0.2 foot.

9. In its relicense application, Appalachian explains that, for the London-Marmet and Winfield Projects, it maintains frequent contact with the Corps' lockmasters to ensure coordination of hydropower generation and lock operations. Appalachian stated that the Corps may request that its plant operators maintain certain water elevations for special navigation purposes. Each development has a total hydraulic capacity of 10,000 cubic feet per second (cfs). When stream flow is less than 10,000 cfs, Appalachian controls the impoundments' elevations, within the allowable limits for navigation established by the Corps. When stream flow is greater than 10,000 cfs, the Corps' dam operator assumes control of impoundment elevations. Releases from each development are routed back to the Kanawha River via each development's tailrace.

D. Proposed Project Facilities and Operation

10. Appalachian does not propose any new project facilities and is not proposing any changes to the current operation described above for the Winfield Project. Appalachian's relicense application, however, proposes to remove the 5.7-mile-long and 3.7-mile-long transmission lines from the license. Appalachian states that these lines are not the project's primary transmission lines, but rather are part of Appalachian's distribution system. Appalachian describes its transmission infrastructure associated with the Winfield Project to be limited to the equipment within the Winfield substation that is below 69 kV, including the step-up transformer. The issue of whether the transmission lines and substation are project facilities is addressed below.

E. Proposed Environmental Measures

11. In addition to the operational measures described above, Appalachian proposes to: (1) implement an avian protection plan to protect migratory birds from electrocution and collision with power lines and substations at each of its holdings; (2) install portable restrooms and trash receptacles at the project's recreation area; and (3) implement an historic properties management plan (HPMP).

F. Project Boundary

12. As currently licensed, the project boundary for the Winfield Project includes the forebay, powerhouse, tailrace, switchyard, recreational facilities, and transmission lines. The project's facilities are located at the opposite end of the Corps' dam from the locks. The dam, locks, and impoundment are not part of the licensed hydroelectric facilities.

13. The existing Winfield Project boundary encloses 8.25 acres of land owned by the Corps, including the land occupied by the forebay, intake structures, powerhouse, tailrace, the Winfield substation, tailrace fishing pier, parking area, paths to the fishing pier, and the stairs leading to the fishing pier. In addition to the project recreation facilities, the Corps owns and maintains a parking area and two paths at the Winfield Project that are not project facilities and are not included within the project boundary.

14. As noted above, Appalachian's relicense application proposes to remove the transmission lines from the project boundary. TRANSMISSION LINES

15. This section addresses whether the transmission lines and the Winfield substation are project works or facilities and thus must be licensed.

16. Although the 5.7-mile-long and 3.7-mile-long transmission lines were included in the 1936 original license and the 1983 relicense as the project's primary transmission lines, Appalachian is now proposing to remove them from the license because they are no longer the project's primary transmission lines. Appalachian explains that the lines are now part of Appalachian's distribution system. 17. Appalachian completed a transmission line corridor study for relicensing to determine which powerlines associated with the Winfield and London-Marmet projects should be considered primary and therefore should be included in the license as project facilities. The study concluded that the Winfield Project transmission lines were not the project's primary lines. In the EA, staff agreed with the licensee's analysis that these transmission lines are part of the interconnected grid and not primary transmission facilities. I agree with staff's findings, and the transmission lines are thus not included in this license.

18. Appalachian describes the Winfield substation as a multi-use facility that would exist and be used by Appalachian even if the powerhouse did not exist. Appalachian explains that the Winfield substation steps up the output of the project's three turbine-generator units from 4 kV to 69 kV using one, three phase, 30-megavolt-ampere transformer. In addition to stepping up the project's power for connection to the grid, the substation serves as a switching station for the two transmission lines. Appalachian states that only the portion of the Winfield substation that steps up the project's power from 4 kV to 69 kV is part of the Winfield Project's transmission infrastructure. Thus, according to Appalachian, only the equipment within the Winfield substation that is below 69 kV, including the step-up transformer, should be licensed. However, it would not be administratively feasible to license only a portion of the Winfield substation, so the entire substation must be brought under the license.

SUMMARY OF LICENSE REQUIREMENTS

19. To ensure the uninterrupted navigational operations of the Corps' dam and associated facilities, the license requires project operation consistent with a new Memorandum of Agreement (MOA) and operating agreement between Appalachian and the Corps. The license requires the project to be operated in run-of-river mode and requires an operation and compliance monitoring plan to ensure that Appalachian meets these requirements.

20. To enhance the recreational user's experience, the license requires Appalachian to develop and implement a recreation plan to include the addition of trash and restroom facilities at the tailrace fishing area and to document maintenance and operation of the existing parking area, paths, stairs, and tailrace fishing pier.

21. To protect birds from mortality due to electrocution and collision at the project substation or related electrical structures, this license requires Appalachian to develop and implement an avian protection plan.

22. To protect cultural resources, the license requires Appalachian to prepare and implement an HPMP for the project.

WATER QUALITY CERTIFICATION

23. Under section 401(a)(1) of the Clean Water Act (CWA), the Commission may not issue a license authorizing the construction or operation of a hydroelectric project unless the state water quality certifying agency either has issued a water quality certification (WQC) for the project or has waived certification by failing to act on a request for certification within a reasonable period of time, not to exceed one year. Section 401(d) of the CWA provides that the certification shall become a condition of any federal license that authorizes construction or operation of the project.

24. On August 6, 2012, Appalachian applied to the West Virginia Department of Environmental Protection (West Virginia DEP) for a WQC for the Winfield Project, which West Virginia DEP received on August 7, 2012. On July 30, 2013, West Virginia DEP issued the WQC for the Winfield Project. By letter dated August 16, 2013, the licensee appealed certain provisions of the WQC. On January 8, 2014, West Virginia DEP issued a modified WQC based on resolution of the appeal. The modified WQC contains six conditions. These conditions are set forth in Appendix A of this order and incorporated into the license (see Ordering Paragraph D). Of the six conditions, conditions 3 through 6 are administrative in nature and are not discussed further.

25. Condition 1 requires Appalachian to install and maintain portable restrooms and trash receptacles at the Winfield fishing access site, and provide parking at the site. Condition 2 requires Appalachian to operate the Winfield project in a "run-of-the-river" mode. This condition specifically prohibits peaking at the Winfield Project. This condition is consistent with how the project has been operated voluntarily by Appalachian for the last 20 years and how Appalachian proposes to operate the project under any new license. However, the Commission can only enforce this condition to the extent that run-of-river operation would be consistent with the Corps' operation of the Winfield dam and the operating agreement to be established between Appalachian and the Corps as required by Article 304 of this license.

COASTAL ZONE MANAGEMENT ACT

26. Under section 307(c)(3)(A) of the Coastal Zone Management Act (CZMA), the Commission cannot issue a license for a project within or affecting a state's coastal zone unless the state CZMA agency concurs with the license applicant's certification of consistency with the state's CZMA program, or the agency's concurrence is conclusively presumed by its failure to act within 6 months of its receipt of the applicant's certification.

27. The State of West Virginia does not have a Coastal Management Program. Therefore, CZMA consistency certification is not required for the Winfield Project.

SECTION 18 FISHWAY PRESCRIPTIONS

28. Section 18 of the FPA provides that the Commission shall require the construction, maintenance, and operation by a licensee of such fishways as may be prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate. No fishway prescriptions or reservations of authority were filed under section 18 of the FPA.

THREATENED AND ENDANGERED SPECIES

29. Section 7(a)(2) of the Endangered Species Act requires federal agencies to ensure their actions are not likely to jeopardize the continued existence of federally listed threatened and endangered species, or result in the destruction or adverse modification of their designated critical habitat.

30. There are 10 federally listed species with the potential to occur in the project area: Virginia spiraea, running buffalo clover, Indiana bat, Virginia big-eared bat, pink mucket mussel, Northern riffleshell mussel, fanshell mussel, turbercled-blossom pearly mussel, and the spectaclecase mussel. None of these species have been documented on project lands or within the waters of the Kanawha River, although suitable forested habitat for Indiana bat and Virginia big-eared bat is present along the transmission line segment between the Winfield substation and the junction point of the Teays and Bancroft transmission lines.

31. In the EA, staff determined that Appalachian's maintenance activities along the transmission line have the potential to reduce habitat value of existing forested resources and aquatic habitat and that trimming or removal of trees along the right of way could impact suitable habitat for roosting bats. Staff therefore recommended a vegetation maintenance plan that would specify maintenance practices that would minimize effects on wetlands, forests, and wildlife including potential habitat for listed plants and wildlife.

32. Although suitable habitat for listed mussels was likely no longer available in the project area, staff concluded in the EA that operating the project in a run-of-river mode with project-related fluctuations in the Corps' impoundments limited to 0.2 foot would continue to maintain the current amount of wetted habitat benefiting any endangered mussels that occur in the project area. Article 401 requires that the project operate in a run-of-river mode which would ensure maintenance of mussel habitat.

33. Staff concluded that with its recommended measures, relicensing the Winfield Project is not likely to adversely affect federally listed species and their habitat. The U.S. Fish and Wildlife Service (FWS) concurred with these findings in telephone correspondence on January 4, 2013.

34. However, as this order determines that the transmission lines between the Winfield substation and the Teays and Bancroft substations are no longer required to be licensed and therefore are not included in this new license, there is no suitable forested habitat within the project boundary that would support federally listed bat species. Therefore, this order concludes that relicensing the Winfield Project with the transmission lines removed from the project boundary would have no effect on federally listed bat species and their habitat. No further consultation with FWS is required.

NATIONAL HISTORIC PRESERVATION ACT

35. Under section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations, federal agencies must take into account the effect of any proposed undertaking on properties listed or eligible for listing in the National Register (defined as historic properties) and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on the undertaking. This generally requires the Commission to consult with the State Historic Preservation Officer (SHPO) to determine whether and how a proposed action may affect historic properties and to seek ways to avoid or minimize any adverse effects.

36. The West Virginia SHPO stated that the Winfield dam was considered eligible for inclusion in the National Register of Historic Places. 37. To satisfy these responsibilities, on July 18, 2013, the Commission executed a Programmatic Agreement (PA) with the West Virginia SHPO for the project, and invited Appalachian, the Eastern Band of Cherokee Indians, and the Corps to concur with the stipulations of the PA. Both Appalachian and the Corps concurred. The PA requires the licensee to develop a Historic Properties Management Plan (HPMP) for the term of any new license issued for this project. Execution of the PA demonstrates the Commission's compliance with section 106 of the NHPA. Article 405 requires the licensee to implement the PA and file an HPMP within 1 year of license issuance.

RECOMMENDATIONS OF FEDERAL AND STATE FISH AND WILDLIFE AGENCIES PURSUANT TO SECTION 10(j) OF THE FPA

38. Section 10(j)(1) of the FPA requires the Commission, when issuing a license, to include conditions based on recommendations submitted by federal and state fish and wildlife agencies pursuant to the Fish and Wildlife Coordination Act, to "adequately and equitably protect, mitigate damages to, and enhance fish and wildlife (including related spawning grounds and habitat)" affected by the project.

39. In response to the June 8, 2012, public notice that the project was ready for environmental analysis, West Virginia DNR filed on August 7, 2012, three recommendations under section 10(j). Two recommendations were determined to be outside the scope of section 10(j) and are discussed in the next section. This license includes conditions consistent with the remaining recommendation that is within the scope of section 10(j); to operate the project in a run-of-river mode as allowed by the Corps. Article 401 requires run-of-river operation and Article 304 makes this license subject to a Corps' approved operating plan and MOA.

SECTION 10(a)(1) OF THE FPA

40. Section 10(a)(1) of the FPA requires that any project for which the Commission issues a license shall be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce; for the improvement and utilization of waterpower development; for the adequate protection, mitigation, and enhancement of fish and wildlife; and for other beneficial public uses including irrigation, flood control, water supply, recreation, and other purposes.

A. West Virginia DNR Recommendations

41. West Virginia DNR made two recommendations under section 10(j) that are not specific measures to protect, mitigate damages to, or enhance fish and wildlife. Consequently, these recommendations are not considered under section 10(j) of the FPA. Instead, these recommendations are considered under the broad public-interest standard of section of 10(a)(1) of the FPA. 1. Fish Habitat Improvement Plan

42. To mitigate for the anticipated loss of fishery resources due to entrainment, West Virginia DNR recommended that Appalachian implement a fish habitat improvement plan in collaboration with the West Virginia DNR. West Virginia DNR recommends that the plan include the deployment of structures in the project area targeted at fish reproduction and protection of young-of-the-year fish to increase recruitment and fish survival. The plan would focus on in-stream habitat improvements designed to promote increased spawning, nursery habitat, and bank stabilization. West Virginia DNR states that the monetary value of fish lost over the anticipated 50-year life of a license would be much higher than the anticipated cost of the habitat structures.

43. Staff determined that although the operation of the project would entrain some fish, the majority of the fish involved would likely consist of young fish composed of highly prolific species that have the ability to compensate for losses. Furthermore, there is no evidence suggesting that entrainment is negatively affecting fish populations in the project area. For these reasons, the license does not adopt this recommendation.

2. Recreation Plan

44. Appalachian proposed in its final license application to provide portable restrooms and trash receptacles at the Winfield Project tailrace access area to accommodate existing and future use. In response to the ready for environmental analysis notice, West Virginia DNR recommended that a recreation plan be prepared for the Winfield Project.

45. In the EA, staff recommended that a recreation plan be developed for the project that included Appalachian's proposed measures, a timeline for installing the new facilities, and a maintenance schedule. License Article 404 requires Appalachian to develop the recreation plan.

B. Project Operation and Compliance Monitoring Plan

46. Appalachian proposes to operate the project in a run-of-river mode. However, Appalachian did not specify how it would document compliance with run-of-river operation or how it would coordinate its operation with the Corps.

47. Commission licenses for non-federal projects at Corps' dams require the licensee to develop an operating plan and an MOA with the Corps. The operating plan describes the mode of hydropower operation, impoundment flow diversion, and regulation requirements for the Corps' projects, and integration of operation of the hydroelectric facility in the Corps' emergency action plan. The MOA describes the detailed operation of the project acceptable to the Corps and any restrictions needed to protect the purposes of the Corps' projects for navigation.

48. In addition, in the EA, staff recommended that Appalachian develop an operation and compliance monitoring plan in consultation with the West Virginia DNR and the Corps, and enter into a new operating MOA with the Corps as described above. Article 402 requires Appalachian to develop and implement an operation compliance monitoring plan to describe how Appalachian would comply with the operational requirements of the license.

C. Avian Protection Plan

49. As raptors and other large-bodied birds would be expected to use project lands for foraging, roosting, and possibly nesting, the project substation has the potential to result in mortality to these species from electrocution or collision.

50. Appalachian's parent company, AEP, is a member of the Avian Power Line Interaction Committee (APLIC) and is finalizing an avian protection plan for all of its holdings to address potential bird mortality issues associated with electric utility facilities. Appalachian proposes to implement AEP's avian protection plan for the Winfield Project, but provided no indication as to when AEP's avian protection plan would be finalized or whether it would include site-specific measures to minimize bird mortality. Appalachian states that certain elements of AEP's avian protection plan have been implemented at the project, such as training and reporting collisions, but did not provide information on known issues with electrocution- or collision-related avian mortality at the Winfield Project.

51. In the EA, staff found that because the project was located on a major river with forested riparian and upland habitats, it is likely that raptors and other large-bodied birds would occur during the year for foraging, roosting, and possibly nesting and thus be at a risk for collision or electrocution. To address this potential risk, staff recommended that Appalachian develop and implement a site-specific avian protection plan. Such a plan would be developed in consultation with relevant resource agencies, and would rely upon the continued training of Appalachian staff to identify and report avian mortality due to electrocution or collision with the project's electrical facilities that are included in this new license. Through this process, if avian electrocution or collision is routinely documented and expected to continue due to the existing design of electrical facilities, then site-specific measures and practices to reduce bird mortality following APLIC guidelines could be implemented, including modifications to structures. Article 403 requires the avian protection plan.

ADMINISTRATIVE PROVISIONS

A. Annual Charges

52. The Commission collects annual charges from licensees for administration of the FPA. Article 201 provides for the collection of funds for administration of the FPA and use of a government dam. As noted, the Winfield Project occupies 8.25 acres of federal land administered by the Corps. The Commission does not assess a land use charge for a licensee's use of federal lands adjoining or pertaining to federal dams or other structures. Rather, it assesses the charge on the use of surplus water or water power from a government dam.

B. Exhibit F and G Drawings

53. The Commission requires licensees to file sets of approved project drawings on microfilm and in electronic file format. Article 202 requires the filing of these drawings.

C. Amortization Reserve

54. The Commission requires that for new major licenses, non-municipal licensees must set up and maintain an amortization reserve account upon the effective date of the license. Article 203 requires the establishment of the account.

D. Headwater Benefits

55. Some projects directly benefit from headwater improvements that were constructed by other licensees, the United States, or permittees. Article 204 requires the licensee to reimburse such entities for these benefits if they were not previously assessed and reimbursed.

E. Use and Occupancy of Project Lands and Waters

56. Requiring a licensee to obtain prior Commission approval for every use or occupancy of project land would be unduly burdensome. Therefore, Article 406 allows the licensee to grant permission, without prior Commission approval, for the use and occupancy of project lands for such minor activities as landscape planting. Such uses must be consistent with the purposes of protecting and enhancing the scenic, recreational, and environmental values of the project.

F. Conditions for Projects at Corps' Dams

57. Pursuant to a 2011 Memorandum of Understanding between the Commission and the Department of the Army, five special articles are included in licenses for hydroelectric projects to be developed at Corps facilities. The articles are incorporated in this license as Articles 302 through 306.

G. Project Modifications

58. Article 301 requires the licensee to file with the Commission's D2SI-New York Regional Engineer a plan and schedule of any proposed modifications to the water retaining and/or conveyance features of the project resulting from the environmental requirements of the license to ensure that these modifications do not adversely affect the project works, dam safety, or project operation.

STATE AND FEDERAL COMPREHENSIVE PLANS

59. Section 10(a)(2)(A) of the FPA requires the Commission to consider the extent to which a project is consistent with federal or state comprehensive plans for improving, developing, or conserving a waterway or waterways affected by the project. Under section 10(a)(2)(A), Commission staff identified and reviewed seven comprehensive plans that are relevant to the Winfield Project. No conflicts were found.

APPLICANT'S PLANS AND CAPABILITIES

60. In accordance with sections 10(a)(2)(C) and 15(a) of the FPA, Commission staff evaluated Appalachian's record as a licensee in these areas: (A) conservation efforts; (B) compliance history and ability to comply with the new license; (C) safe management, operation, and maintenance of the project; (D) ability to provide efficient and reliable electric service; (E) need for power; (F) transmission services; (G) cost effectiveness of plans; and (H) actions affecting the public. I accept the staff's finding in each of the following areas.

A. Conservation Efforts

61. Section 10(a)(2)(C) of the FPA requires the Commission to consider the extent of electricity consumption efficiency improvement programs in the case of license applicants primarily engaged in the generation or sale of electric power, like Appalachian. Appalachian is a subsidiary of AEP, which is one of the largest investor-owned utilities in the United States. Appalachian is part of the AEP System's East Zone, sometimes referred to as its PJM Zone.

62. In 2006, Appalachian initiated an internet service through which residential and business customers can find ways to conserve energy. Residential customers can use the site to estimate energy use costs, estimate what appliances cost to operate, and learn how much can be saved by switching to compact fluorescent bulbs. Conservation tips for hot weather and other seasons are provided. Business customers who visit the site are provided with a calculator that will provide estimates of energy costs based on customer inputs. These services provide a comparison platform to give the differences between current use and various scenarios. Appalachian's site is promoted in its customer's bills.

63. In 2010, the Public Service Commission of West Virginia approved the implementation of Energy Efficiency programs by Appalachian. The approved programs consist of SMART Lighting, Residential Home Retrofit, Residential Low Income, and Commercial & Industrial Incentive and are expected to achieve annual energy savings of 208 gigawatthours. Appalachian expects to seek approval for similar programs in its Virginia service territory. These programs show that Appalachian is making an effort to conserve electricity and has made a satisfactory good faith effort to comply with section 10(a)(2)(C) of the FPA.

B. Compliance History and Ability to Comply with the New License

64. Based on a review of Appalachian's compliance with the terms and conditions of the existing license, staff finds that Appalachian's overall record of making timely filings and compliance with its license is satisfactory. Therefore, staff believes that Appalachian can satisfy the conditions of a new license.

C. Safe Management, Operation, and Maintenance of the Project

65. Staff has reviewed Appalachian's management, operation, and maintenance of the Winfield Project pursuant to the requirements of 18 C.F.R. Part 12 and the Commission's Engineering Guidelines and periodic Independent Consultant's Safety Inspection Reports. Staff concludes that the project works are safe, and that there is no reason to believe that Appalachian cannot continue to safely manage, operate, and maintain these facilities under a new license.

D. Ability to Provide Efficient and Reliable Electric Service

66. Staff has reviewed Appalachian's plans and its ability to operate and maintain the project in a manner most likely to provide efficient and reliable electric service. Staff's review indicates that Appalachian continuously monitors headwater and tailwater levels and takes generating units on-line and off-line as required to utilize available flow for generation. Appalachian employs a preventive maintenance program to increase reliability and efficiency of the mechanical and electrical components of the system. Staff concludes that Appalachian is capable of operating the project to provide efficient and reliable electric service in the future.

E. Need for Power

67. Appalachian operates the Winfield Project to generate electricity that is merged with power being generated at AEP's other hydroelectric, nuclear, and coal- or gas-fired power plants within the United States. The AEP system and its customers have a need for generating capacity. Without the capacity of the project, the AEP system would need to find alternate resources. The needs assessment considers the projection of: (1) peak demand; (2) long-term wholesale sales positions; (3) existing capacity resources; (4) current demand-side management impacts on peak demand; (5) regional capacity; and (6) reserve margin criteria.

68. Internal peak demand forecasts are based on the AEP Economic Forecasting Group's 2011 forecast, completed in March 2011. The internal demand is projected to grow at a 0.9 percent compound annual growth rate (CAGR) for the period 2011 through 2025. This equates to roughly a 200 to 205 MW per year increase over the same 10-year period.

69. The Winfield Project has an installed capacity of 14.76 MW. Average annual generation is equal to 106,193 megawatthours (MWh) for the Winfield Project. The power generated by the Winfield Project helps meet the electricity needs of AEP's customers. Staff concludes that power from the Winfield Project would help meet a need for power in the region in both the short- and long- term.

F. Transmission Services

70. Power from the Winfield generating units is transmitted across a short jumper from the powerhouse to the adjacent multi-use Winfield substation (a project facility), which acts as an isolation and switching point for transmission and distribution. As discussed above, this license order finds that there are no primary transmission lines for this project. Appalachian is not proposing any changes to the transmission facilities licensed in this order.

G. Cost Effectiveness of Plans

71. While Appalachian has no plans for modifying the project's generation facilities, it does propose some minor recreation facility enhancements. Based on Appalachian's record as an existing licensee, staff concludes that these plans are likely to be carried out in a cost-effective manner.

H. Actions Affecting the Public

72. Appalachian provided extensive opportunity for public involvement in the development of its application for a new license for the Winfield Project. During the previous license period Appalachian provided facilities to enhance public use and operated the project with consideration for the protection of downstream uses of the Kanawha River. Appalachian uses the project to help meet local power needs, provide employment opportunity, and provide recreational opportunities.

PROJECT ECONOMICS

73. In determining whether to issue a new license for an existing hydroelectric project, the Commission considers a number of public interest factors, including the economic benefits of project power. Under the Commission's approach to evaluating the economics of hydropower projects, as articulated in Mead Corporation, the Commission uses current costs to compare the costs of the project and likely alternative power with no forecasts concerning potential future inflation, escalation, or deflation beyond the license issuance date. The basic purpose of the Commission's economic analysis is to provide a general estimate of the potential power benefits and the costs of a project, and of reasonable alternatives to project power. The estimate helps to support an informed decision concerning what is in the public interest with respect to a proposed license.

74. In applying this analysis to the Winfield Project, we have considered three options: the no-action alternative, Appalachian's proposal, and the project as licensed herein. Under the no-action alternative, the project would continue to operate as it does now. The project has an installed capacity of 14.76 MW, has a dependable capacity of 19 MW, and generates an average of 106,193 MWh of electricity annually. The average annual project cost is about $3,612,000, or $34.01/MWh. When we multiply our estimate of average generation by the alternative power cost of $41.57/MWh, staff gets a total value of the project's power of $4,414,443 in 2013 dollars. To determine whether the proposed project is currently economically beneficial, staff subtracts the project's cost from the value of the project's power. Therefore, the project costs $802,443, or $7.56/MWh, less to produce power than the likely alternative cost of power.

75. As proposed by Appalachian, the levelized annual cost of operating the Winfield Project is $3,616,000, or $34.05/MWh. Based on the same amount of estimated average generation of 106,193 MWh and alternative power cost of $41.57/MWh, staff gets a total value of the project's power of $4,414,443 in 2013 dollars. Therefore, in the first year of operation, the project would cost $798,443, or $7.52/MWh, less than the likely alternative cost of power 76. As licensed herein with the mandatory conditions and staff measures, the levelized annual cost of operating the project would be about $3,620,000, or $34.09/MWh. Based on the same amount of estimated average generation of 106,193 MWh as licensed, the project would produce power valued at $4,414,443 in 2013 when multiplied by the $41.57/MWh value of the project's power. Therefore, in the first year of operation, project power would cost $794,443, or $7.48/MWh, less than the likely cost of alternative power.

77. In considering public interest factors, the Commission takes into account that hydroelectric projects offer unique operational benefits to the electric utility system (ancillary service benefits). These benefits include the ability to help maintain the stability of a power system by quickly adjusting power output to respond to rapid changes in system load; and to respond rapidly to a major utility system or regional blackout by providing a source of power to help restart fossil-fuel based generating stations and put them back on line.

COMPREHENSIVE DEVELOPMENT

78. Sections 4(e) and 10(a)(1) of the FPA require the Commission to give equal consideration to the purposes of power development and energy conservation, the protection, mitigation of damage to, and enhancement of fish and wildlife, the protection of recreational opportunities, and the preservation of other aspects of environmental quality. Any license issued shall reflect the Commission's judgment of what is the best comprehensive plan for improving or developing a waterway or waterways for all beneficial public uses. The decision to license this project, and the terms and conditions included herein, reflect such consideration.

79. The EA for the project contains background information, analysis of effects, and support for related license articles. Based on the record of this proceeding, including the EA and the comments thereon, licensing the Winfield Project as described in this order would not constitute a major federal action significantly affecting the quality of the human environment. The project will be safe if operated and maintained in accordance with the requirements of this license.

80. Based on our independent review and evaluation of the project, recommendations from the resource agencies and other stakeholders, and the no-action alternative, as documented in the EA, I have selected the proposed Winfield Project, with the staff-recommended measures, and find that it is best adapted to a comprehensive plan for improving or developing the Kanawha River.

81. I selected this alternative because: (1) issuance of a new license will serve to maintain a beneficial, dependable, and an inexpensive source of electric energy; (2) the required environmental measures will protect and enhance fish and wildlife resources, water quality, recreational resources, and historic properties; and (3) the 14.76 MW of electric capacity comes from a renewable resource that does not contribute to atmospheric pollution.

LICENSE TERM

82. Section 15(e) of the FPA provides that any new license issued shall be for a term that the Commission determines to be in the public interest, but not less than 30 years or more than 50 years. It is Commission policy to issue a 50-year license for a project located at a federal dam. Accordingly, I will issue this license for a term of 50 years.

The Director orders:

(A) This license is issued to Appalachian (licensee), for a period of 50 years, effective February 1, 2014, to operate and maintain the Winfield Project. This license is subject to the terms and conditions of the FPA, which is incorporated by reference as part of this license, and subject to the regulations the Commission issues under the provisions of the FPA.

(B) The project consists of:

(1) All lands, to the extent of the licensee's interests in these lands, enclosed by the project boundary shown by Exhibit G filed January 31, 2012.

Click here to view table: http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=13450478

(2) Project works consisting of: (a) a forebay area protected by a 410-foot-long log boom; (b) screened intake structures; (c) a concrete powerhouse containing three turbine-generator units with a total installed capacity of 14.76 MW; (d) a tailrace 410 feet long; (e) a substation containing a generator step-up bank of one three-phase transformer and two auxiliary transformers; and (f) appurtenant facilities.

The project works generally described above are more specifically shown and described by those portions of Exhibits A and F shown below:

Exhibit A: Pages A-1 through A-9 of the license application filed January 31, 2012.

Exhibit F: The following Exhibit F drawings filed on January 31, 2012:

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(3) All of the structures, fixtures, equipment or facilities used to operate or maintain the project and located within the project boundary, all portable property that may be employed in connection with the project, and all riparian or other rights that are necessary or appropriate in the operation or maintenance of the project.

(C) The Exhibits A, F, and G described above are approved and made part of the license.

(D) This license is subject to the conditions submitted by the West Virginia DEP under section 401(a)(1) of the Clean Water Act, 33 U.S.C. section 1341(a)(1) (2012), as those conditions are set forth in Appendix A to this order.

(E) This license is also subject to the articles set forth in Form L-5 (Oct. 1975), entitled "Terms and Conditions of License for Constructed Major Project Affecting Navigable Waters and Lands of the United States" (See 54 F.P.C. 1792), as reproduced at the end of this order, and the following additional articles:

Article 201. Annual Charges. The licensee shall pay the United States annual charges, effective February 1, 2014, and as determined in accordance with provisions of the Commission's regulations in effect from time to time, for the purposes of:

(a) reimbursing the United States for the cost of administration of Part I of the Federal Power Act. The authorized installed capacity for that purpose is 14.76 megawatts; and

(b) recompensing the United States for the utilization of surplus water or water power from a government dam.

Article 202. Exhibit Drawings. Within 45 days of the effective date of the license, the licensee shall file the approved exhibit drawings in aperture card and electronic file formats.

(a) Four sets of the approved exhibit drawings shall be reproduced on silver or gelatin 35mm microfilm. All microfilm shall be mounted on type D (3-1/4" X 7-3/8") aperture cards. Prior to microfilming, the FERC Project-Drawing Number (i.e., P-1290-1001 through P-1290-1011) shall be shown in the margin below the title block of the approved drawing. After mounting, the FERC Drawing Number shall be typed on the upper right corner of each aperture card. Additionally, the Project Number, FERC Exhibit (i.e., F-1, G-1, etc.), Drawing Title, and date of this license shall be typed on the upper left corner of each aperture card.

Two of the sets of aperture cards along with form FERC-587 shall be filed with the Secretary of the Commission, ATTN: OEP/DHAC. The third set shall be filed with the Commission's Division of Dam Safety and Inspections New York Regional Office. The remaining set of aperture cards (Exhibit G - sheet 1 only) and a copy of form FERC-587 shall be filed with the Bureau of Land Management (BLM) office at the following address:

Bureau of Land Management

Branch of Lands (ES-930)

7450 Boston Blvd

Springfield, VA 22153

Form FERC-587 is available through the Commission's website at the following http://www.ferc.gov/docs-filing/forms/form-587/form-587.pdf. If the form cannot be downloaded from the Internet, a hard copy may be obtained by mailing a request to the Secretary of the Commission.

(b) The licensee shall file two separate sets of exhibit drawings in electronic raster format with the Secretary of the Commission, ATTN: OEP/DHAC. A third set shall be filed with the Commission's Division of Dam Safety and Inspections New York Regional Office. Exhibit F drawings must be separated from other project exhibits and identified as Critical Energy Infrastructure Information (CEII) material under 18 C.F.R. section 388.113(c) (2013). Each drawing must be a separate electronic file, and the file name shall include: FERC Project-Drawing Number, FERC Exhibit, Drawing Title, date of this license, and file extension in the following format [P-1290-1001, F-1, Winfield Development General Plan, MM-DD-YYYY.TIF]. Electronic drawings shall meet the following format specification:

IMAGERY - black & white raster file

FILE TYPE - Tagged Image File Format (TIFF), CCITT Group 4

RESOLUTION - 300 dpi desired (200 dpi min)

DRAWING SIZE FORMAT - 24" X 36" (min), 28" X 40" (max)

FILE SIZE - less than 1 MB desired

Each Exhibit G drawing that includes the project boundary must contain a minimum of three known reference points (i.e., latitude and longitude coordinates, or state plane coordinates). The points must be arranged in a triangular format for GIS geo-referencing the project boundary drawing to the polygon data, and must be based on a standard map coordinate system. The spatial reference for the drawing (i.e., map projection, map datum, and units of measurement) must be identified on the drawing and each reference point must be labeled. In addition, each project boundary drawing must be stamped by a registered land surveyor.

(c) The licensee shall file two separate sets of the project boundary data in a geo-referenced electronic file format (such as ArcView shape files, GeoMedia files, MapInfo files, or a similar GIS format) with the Secretary of the Commission, ATTN: OEP/DHAC. The filing shall include both polygon data and all reference points shown on the individual project boundary drawings. An electronic boundary polygon data file(s) is required for each project development. Depending on the electronic file format, the polygon and point data can be included in single files with multiple layers. The geo-referenced electronic boundary data file must be positionally accurate to a40 feet in order to comply with National Map Accuracy Standards for maps at a 1:24,000 scale. The file name(s) shall include: FERC Project Number, data description, date of this license, and file extension in the following format [P-1290, boundary polygon/or point data, MM-DD-YYYY.SHP]. The filing must be accompanied by a separate text file describing the spatial reference for the geo-referenced data: map projection used (i.e., UTM, State Plane, Decimal Degrees, etc), the map datum (i.e., North American 27, North American 83, etc.), and the units of measurement (i.e., feet, meters, miles, etc.). The text file name shall include: FERC Project Number, data description, date of this license, and file extension in the following format [P-1290, project boundary metadata, MM-DD-YYYY.TXT].

In addition, for those projects that occupy federal lands, a separate geo-referenced polygon file(s) is required that identifies transmission line acreage and non-transmission line acreage affecting federal lands for the purpose of meeting the requirements of 18 C.F.R. section 11.2. The file(s) must also identify each federal owner (e.g., BLM, Forest Service, Corps of Engineers, etc.), land identification (e.g., forest name, Section 24 lands, national park name, etc.), and federal acreage affected by the project boundary. Depending on the geo-referenced electronic file format, the polygon, point, and federal lands data can be included in a single file with multiple layers.

Article 203. Amortization Reserve. Pursuant to section 10(d) of the Federal Power Act, a specified reasonable rate of return upon the net investment in the project shall be used for determining surplus earnings of the project for the establishment and maintenance of amortization reserves. The licensee shall set aside in a project amortization reserve account at the end of each fiscal year one half of the project surplus earnings, if any, in excess of the specified rate of return per annum on the net investment. To the extent that there is a deficiency of project earnings below the specified rate of return per annum for any fiscal year, the licensee shall deduct the amount of that deficiency from the amount of any surplus earnings subsequently accumulated, until absorbed. The licensee shall set aside one-half of the remaining surplus earnings, if any, cumulatively computed, in the project amortization reserve account. The licensee shall maintain the amounts established in the project amortization reserve account until further order of the Commission.

The specified reasonable rate of return used in computing amortization reserves shall be calculated annually based on current capital ratios developed from an average of 13 monthly balances of amounts properly included in the licensee's long-term debt and proprietary capital accounts as listed in the Commission's Uniform System of Accounts. The cost rate for such ratios shall be the weighted average cost of long-term debt and preferred stock for the year, and the cost of common equity shall be the interest rate on 10-year government bonds (reported as the Treasury Department's 10-year constant maturity series) computed on the monthly average for the year in question plus four percentage points (400 basis points).

Article 204. Headwater Benefits. If the licensee's project was directly benefited by the construction work of another licensee, a permittee, or the United States on a storage impoundment or other headwater improvement during the term of the original license (including extensions of that term by annual licenses), and if those headwater benefits were not previously assessed and reimbursed to the owner of the headwater improvement, the licensee shall reimburse the owner of the headwater improvement for those benefits, at such time as they are assessed, in the same manner as for benefits received during the term of this new license. The benefits will be assessed in accordance with Part 11, Subpart B, of the Commission's regulations.

Article 301. Project Modification Resulting From Environmental Requirements. Any permanent or temporary modification which may affect the project works or operations shall be coordinated with the Commission's Division of Dam Safety and Inspections (D2SI) -New York Regional Engineer at the beginning of the planning and design phase. This includes those modifications resulting from license environmental requirements. This schedule is to allow sufficient review time for the Commission to insure that the proposed work does not adversely affect the project works, dam safety or project operation.

Article 302. Agreement with U.S. Army Corps of Engineers (Corps). The licensee shall within 90 days from the effective date of the license, enter into an agreement with the Corps to coordinate its plans for access to and site activities on lands and property administered by the Corps so that the authorized purposes, including operation of the federal facilities, are protected. In general, the agreement shall not be redundant with the Commission's requirements contained in this license, shall identify the facility, and the study and construction activities, as applicable, and terms and conditions under which studies and construction will be conducted. The agreement shall be mainly composed of reasonable arrangements for access to the Corps site to conduct studies and construction activities, such access rights to be conditioned by the Corps as may be necessary to protect the federally authorized project purposes and operations. Should the licensee and the Corps fail to reach an access agreement, the licensee shall refer the matter to the Commission for resolution.

Article 303. Periodic and Continuous Inspections by the U.S. Army Corps of Engineers (Corps). The construction, operation and maintenance of the project works that, in the judgment of the Corps may affect the structural integrity or operation of the Corps' project shall be subject to periodic or continuous inspections by the Corps. Any construction, operation, and maintenance deficiencies or difficulties detected by the Corps' inspection shall be immediately reported to the Division of Dam Safety and Inspection (D2SI)-New York Regional Engineer. Upon review, the D2SI-New York Regional Engineer shall refer the matter to the licensee for appropriate action. In cases when construction, operation, or maintenance practices or deficiencies may create a situation posing imminent danger to the structural integrity and safety of the Corps' project, the Corps' inspector has the authority to stop construction or maintenance while awaiting the resolution of the problem. The licensee shall immediately inform the D2SI-New York Regional Engineer of the circumstances surrounding the cessation of construction, operation, or maintenance activities. The licensee shall not resume construction, operation, or maintenance activities until notified by the D2SI-New York Regional Engineer that the problem or situation has been resolved.

Article 304. Operating Plan. Within six months of the effective date of the license, the licensee shall file, for Commission approval, an operating plan that has been approved by the Corps, which describes (a) the designed mode of hydropower operation, (b) impoundment flow diversion and regulation requirements for operation of the Corps' project during construction, as established by the Corps, and (c) integration of the operation of the hydroelectric facility into the Corps' Emergency Action Plan. In addition, the licensee, prior to start of power plant operation, shall enter into an operating Memorandum of Agreement (MOA) with the Corps describing the detailed operation of the powerhouse acceptable to the Corps. The MOA shall specify any restrictions needed to protect the primary purposes of the Corps' project. The Division of Dam Safety and Inspection (D2SI)-New York Regional Engineer shall be invited to attend meetings regarding the agreement. The MOA shall be subject to revision by mutual consent of the Corps and licensee as experience is gained by actual project operation. Should the licensee and the Corps fail to reach an agreement, the matter will be referred to the Director, Office of Energy Projects for resolution. Copies of the Corps' approved operating plan and a signed MOA between the Corps and the licensee, and any revision thereof, shall be filed with the Commission.

Article 305. No Claim. The licensee shall have no claim under this license against the United States arising from the effect of any changes made in the operation or reservoir levels of the U.S. Army Corps of Engineers' project.

Article 306. U.S. Army Corps of Engineers' (Corps) Written Approval. The licensee shall provide the Commission's Division of Dam Safety and Inspections (D2SI)-New York Regional Engineer two copies of all correspondence between the licensee and the Corps. The D2SI-New York Regional Engineer shall not authorize construction of any project work until the Corps' written approval of construction plans and specifications has been received by the D2SI-New York Regional Engineer.

Article 401. Run-of-River Operation. Beginning with the effective date of the license, the licensee shall operate the Winfield Project in a run-of-river mode for the protection of aquatic resources and water quality in the Kanawha River, as required by Appendix A to this order, as long as it is consistent with any operational constraints established by the U.S. Army Corps of Engineers (Corps) according to Article 304.

Run-of-river operation may be temporarily modified if required by operating emergencies beyond the control of the licensee, and for short periods upon mutual agreement among the licensee, the Corps, the West Virginia Department of Environmental Protection, and West Virginia Division of Natural Resources. If run-of-river operation is so modified, the licensee shall notify the Commission and the Corps as soon as possible, but no later than 10 days after each such incident.

Article 402. Operation Compliance Monitoring Plan. Within six months of the effective date of the license, the licensee shall file with the Commission, for approval, an operation compliance monitoring plan that describes how the licensee will comply with the operational requirements of this license.

The plan shall include, but not necessarily be limited to, the following:

(a) provisions to monitor compliance with the operational requirements of the license, including implementing the operating plan required by Article 304 and operating the project in a run-of-river mode as required by Article 401;

(b) a description of the steps the licensee will take to ensure run-of-river operation continues during planned and emergency shutdowns;

(c) a description of all gages or recording devices that will be used to monitor operation compliance;

(d) the method of calibration of each gage and/or measuring device;

(e) the frequency of recording for each gage and/or measuring device;

(f) procedures for recording, maintaining, and reporting the monitoring data to the Commission;

(g) a provision to maintain a log of project operation; and

(h) a schedule of reporting project compliance/non-compliance during normal operation and in the event of an emergency.

The licensee shall prepare the plan after consultation with the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, West Virginia Division of Natural Resources, and the West Virginia Department of Environmental Protection. The licensee shall include with the plan documentation of consultation, copies of comments and recommendations on the completed plan after it has been prepared and provided to the agencies, and specific descriptions of how the agencies' comments are accommodated by the plan. The licensee shall allow a minimum of 30 days for the agencies to comment and to make recommendations before filing the plan with the Commission. If the licensee does not adopt a recommendation, the filing shall include the licensee's reasons, based on project-specific information.

The Commission reserves the right to require changes to the plan. Upon Commission approval, the licensee shall implement the plan, including any changes required by the Commission.

Article 403. Avian Protection Plan. Within six months of the effective date of the license, the licensee shall file for Commission approval, an avian protection plan. The purpose of this plan is to minimize the potential for bird collisions or electrocution with the project substation.

The avian protection plan shall include: (1) training of the licensee's staff to adequately identify and document instances of avian mortality due to electrocution by or collision with the project's electrical facilities; (2) a framework for reporting avian mortality to the relevant resource agencies; and (3) provisions for the development and implementation of site-specific measures and practices to reduce bird mortality, as necessary, including modifications to structures or line arrangement in accordance with the following raptor protection guidelines: (1) Avian Protection Plan Guidelines: A Joint Document prepared by the Edison Electric Institute's Avian Power Line Interaction Committee (APLIC) and U.S. Fish and Wildlife Service; (2) APLIC's Suggested Practices for Raptor Protection on Power Lines: The State of the Art in 2006; and (3) APLIC's Mitigating Bird Collisions with Power Lines: The State of the Art in 2012, or the most current editions of these documents.

The plan shall be prepared after consultation with the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and West Virginia Division of Natural Resources. The licensee shall include with the plan documentation of consultation, copies of comments and recommendations on the completed plan after it has been prepared and provided to the agencies, and specific descriptions of how the agencies' comments are accommodated by the plan. The licensee shall allow a minimum of 30 days for the agencies to comment and to make recommendations before filing the plan with the Commission. If the licensee does not adopt a recommendation, the filing shall include the licensee's reasons, based on project-specific information.

The Commission reserves the right to require changes to the plan. Implementation of the plan shall not begin until the licensee is notified by the Commission that the plan is approved. Upon Commission approval, the licensee shall implement the plan, including any changes required by the Commission.

Article 404. Recreation Plan. Within 6 months of the effective date of the license, the licensee shall file a recreation plan for Commission approval. The plan shall include, but not necessarily be limited to, the following: (1) a schedule for installing restroom and trashcan facilities; (2) a schedule for maintenance of the new and existing facilities; (3) a provision to operate and maintain the facilities over the term of the license; and (4) a discussion of how the needs of the disabled were considered in the planning and design of the facilities.

The licensee shall prepare the plan after consultation with the West Virginia Division of Natural Resources and the U.S. Army Corps of Engineers. The licensee shall include with the plan documentation of consultation, copies of comments and recommendations on the completed plan after it has been prepared and provided to the agencies, and specific descriptions of how the agencies' comments are accommodated by the plan. The licensee shall allow a minimum of 30 days for the agencies to comment and to make recommendations before filing the plan with the Commission. If the licensee does not adopt a recommendation, the filing shall include the licensee's reasons based on project-specific information.

The Commission reserves the right to require changes to the plan. Implementation of the plan shall not begin until the licensee is notified by the Commission that the plan is approved. Upon Commission approval, the licensee shall implement the plan according to the approved schedule, including any changes required by the Commission.

Article 405. Programmatic Agreement and Historic Properties Management Plan. Beginning with the effective date of the license, the licensee shall implement the "Programmatic Agreement Between the Federal Energy Regulatory Commission and the West Virginia Historic Preservation Officer for Managing Historic Properties that May be Affected by Issuing a New License to Appalachian Power Company for the Continued Operation of the Winfield Hydroelectric

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