Notice2023-28695
Central Hudson Gas & Electric Corporation; Notice of Availability of Navigability Report for the Walkill River, Request for Comments, and Notice of Pending Jurisdictional Inquiry
Primary source
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Published
December 28, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 248 (Thursday, December 28, 2023)</title>
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[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89685-89686]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28695]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. UL19-1-000; UL19-2-000]
Central Hudson Gas & Electric Corporation; Notice of Availability
of Navigability Report for the Walkill River, Request for Comments, and
Notice of Pending Jurisdictional Inquiry
On May 9, 2019, the Federal Energy Regulatory Commission
(Commission) received a request from the U.S. Department of the
Interior's Fish and Wildlife Service (FWS) for an updated
jurisdictional determination for the unlicensed Sturgeon Pool and
Dashville Hydroelectric Projects. The projects are located on the
Wallkill River in Ulster County, New York. In response to FWS's
request, Commission staff is investigating the jurisdictional status of
the Sturgeon Pool Hydroelectric Project (UL19-1-000) and Dashville
Hydroelectric Project (UL19-2-000).
Pursuant to section 23(b)(1) of the Federal Power Act (FPA), 16
U.S.C. 817(1), a non-Federal hydroelectric project must be licensed
(unless it has a still-valid pre-1920 Federal permit) if it: (a) is
located on a navigable water of the United States; (b) occupies lands
or reservations of the United States; (c) utilizes surplus water or
waterpower from a government dam; or (d) is located on a stream over
which Congress has Commerce Clause jurisdiction, is constructed or
modified on or after August 26,1935, and affects the interests of
interstate of foreign commerce.
A stream is navigable under section 3(8) of the FPA if: (1) it is
currently being used or is suitable for use, or (2) it has been used or
was suitable for use in the past, or (3) it could be made suitable for
use in the future by reasonable improvements, to transport persons or
property in interstate or foreign commerce. Navigability under section
3(8) of the FPA is not destroyed by obstructions or disuse of many
years; personal or private use may be sufficient to demonstrate the
availability of the river for commercial navigation; and the seasonal
floatation of logs is sufficient to determine that a river is
navigable.
Commission staff previously investigated the Commission's
jurisdiction over the Sturgeon Pool and Dashville Hydroelectric
Projects. In 1988, staff determined that the projects were non-
jurisdictional based on staff's finding that the Wallkill River was not
navigable at the location of the projects.\1\ Commission staff's prior
finding relied primarily on historical usage of the river. FWS requests
that the Commission reexamine navigability of the Wallkill River and
look specifically at the river's suitability for commercial use. A
stream's suitability for commercial use can be demonstrated based on
its physical characteristics, as well as its actual use or suitability
for use for recreational boating, if this information shows the river
is suitable for the simpler types of commercial navigation.\2\
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\1\ See Central Hudson Gas & Electric Co., 44 FERC ] 62,215
(1988) (Dashville Hydroelectric Project in Docket No. UL88-18-000);
Central Hudson Gas & Electric Co., 44 FERC ] 62,216 (1988) (Sturgeon
Pool Hydroelectric Project in Docket No. UL88-22-000).
\2\ See FPL Energy Maine Hydro LLC v. FERC, 287 F.3d 1151, 1158
(D.C. Cir. 2002) (affirming navigability finding based on stream
characteristics and test trips by canoe).
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As part of the current jurisdictional review, Commission staff
prepared an updated navigability report for the Wallkill River. Before
deciding on the jurisdictional status of the Sturgeon Pool and
Dashville Hydroelectric Projects, the Commission will accept and
consider comments on the navigability report. Comments may be filed no
later January 22, 2024.
This navigability report may be viewed on the web at <a href="http://www.ferc.gov">http://www.ferc.gov</a> using the ``eLibrary'' link. Enter the docket numbers,
UL19-1 and UL19-2, excluding the last three digits in the docket number
field to access the document. You may also register online at <a href="http://www.ferc.gov/docs-filing/esubscription.asp">http://www.ferc.gov/docs-filing/esubscription.asp</a> to be notified via email of
new filings and issuances related to this or other pending projects.
For assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#b0f6f5e2f3ffdedcd9ded5e3c5c0c0dfc2c4f0d6d5c2d39ed7dfc6"><span class="__cf_email__" data-cfemail="b5f3f0e7f6fadbd9dcdbd0e6c0c5c5dac7c1f5d3d0c7d69bd2dac3">[email protected]</span></a> or toll-free at (866) 208-3676, or TTY,
contact (202) 502-8659.
[[Page 89686]]
The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at <a href="http://www.ferc.gov/docs-filing/efiling.asp">http://www.ferc.gov/docs-filing/efiling.asp</a>. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at <a href="http://www.ferc.gov/docs-filing/ecomment.asp">http://www.ferc.gov/docs-filing/ecomment.asp</a>. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#11575443525e7f7d787f74426461617e636551777463723f767e67"><span class="__cf_email__" data-cfemail="30767562737f5e5c595e55634540405f424470565542531e575f46">[email protected]</span></a>, (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
Docket Numbers UL19-1-000 and/or UL19-2-000.
For further information, please contact Jennifer Polardino at (202)
502-6437 or <a href="/cdn-cgi/l/email-protection#6c26090202050a091e423c03000d1e080502032c0a091e0f420b031a"><span class="__cf_email__" data-cfemail="713b141f1f181714035f211e1d100315181f1e31171403125f161e07">[email protected]</span></a>.
Dated: December 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-28695 Filed 12-27-23; 8:45 am]
BILLING CODE 6717-01-P
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