Notice2025-16304
Green Mountain Power Corporation; Notice of Pending Jurisdictional Inquiry, and Soliciting Comments, Protests, and Motions To Intervene
Primary source
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Published
August 26, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 90 Issue 163 (Tuesday, August 26, 2025)</title>
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[Federal Register Volume 90, Number 163 (Tuesday, August 26, 2025)]
[Notices]
[Pages 41552-41553]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16304]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. UL25-2-000, UL25-4-000]
Green Mountain Power Corporation; Notice of Pending
Jurisdictional Inquiry, and Soliciting Comments, Protests, and Motions
To Intervene
On May 30, 2025, the Federal Energy Regulatory Commission
(Commission) received requests from the Vermont Department of
Environmental Conservation (Vermont DEC) for updated jurisdictional
determinations for the unlicensed Middlesex and Gorge Hydroelectric
Projects. The projects are located on the Winooski River in Washington
and Chittenden Counties, Vermont.
Pursuant to section 23(b)(1) of the Federal Power Act (FPA),\1\ a
non-federal hydroelectric project must be licensed 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; \2\ 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 or foreign commerce.
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\1\ 16 U.S.C. 817(1).
\2\ A project that meets condition (a), (b), or (c) is not
required to be licensed if it holds a still valid pre-1920 federal
permit.
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A stream is navigable under section 3(8) of the FPA \3\ 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.\4\ 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.
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\3\ 16 U.S.C. 796(8).
\4\ See Rochester Gas and Elec. Corp., 344 F.2d 594, 596 (2d
Cir. 1965).
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Commission staff previously investigated the Commission's
jurisdiction over the Middlesex and Gorge Hydroelectric Projects. On
August 24, 1979, staff determined that the projects were non-
jurisdictional based on staff's finding that there was insufficient
evidence that the Winooski River was navigable above Winooski Falls at
river mile 9.5 (the Middlesex
[[Page 41553]]
Project is at river mile 49.3 and the Gorge Project is at river mile
10.6) and that there was no post-1935 construction at either
project.\5\ Commission staff's prior finding regarding navigability
relied primarily on the lack of evidence of running logs above Winooski
Falls. Vermont DEC requests that the Commission reexamine navigability
of the Winooski River and look specifically at the river's use or
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.\6\
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\5\ See Green Mountain Power Corp., 8 FERC ] 62,077 (1979).
\6\ 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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In response to Vermont DEC's requests, Commission staff is
investigating the jurisdictional status of the Middlesex Hydroelectric
Project (UL25-2-000) and the Gorge Hydroelectric Project (UL25-4-000).
A copy of Vermont DEC's requests may be viewed on the Commission's
website at <a href="http://www.ferc.gov/docs-filing/elibrary.asp">http://www.ferc.gov/docs-filing/elibrary.asp</a>. Enter the
docket number, UL25-2-000 or UL25-4-000. 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, call 1-866-208-3676 or email
<a href="/cdn-cgi/l/email-protection#86c0c3d4c5c9e8eaefe8e3d5f3f6f6e9f4f2c6e0e3f4e5a8e1e9f0"><span class="__cf_email__" data-cfemail="276162756468494b4e494274525757485553674142554409404851">[email protected]</span></a>, for TTY, call (202) 502-8659.
The Commission is soliciting comments, motions to intervene, and
protests in these proceedings. Comments, motions to intervene, and
protests must be filed by 45 days from notice or October 6, 2025, by
5:00 p.m. Eastern Time. Anyone may submit comments, a protest, or a
motion to intervene in accordance with the requirements of Rules and
Practice and Procedure, 18 CFR 385.210, 211, and 214. In determining
the appropriate action to take, the Commission will consider all
protests or comments filed, but only those who file a motion to
intervene in accordance with the Commission's Rule may become a party
to the proceedings. Any comments, protests, or motions to intervene
must be received on or before the specified comment date.
The Commission strongly encourages electronic filing. Please file
comments, protests, and motions to intervene 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#ce888b9c8d81a0a2a7a0ab9dbbbebea1bcba8ea8abbcade0a9a1b8"><span class="__cf_email__" data-cfemail="6b2d2e392824050702050e381e1b1b04191f2b0d0e1908450c041d">[email protected]</span></a>, (866) 208-3676 (toll
free), or (202) 502-8659 (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue Rockville, Maryland 20852. The first page of any
filing should include Docket Numbers UL25-2-000 and/or UL25-4-000.
For further information, please contact Rebecca Martin at (202)
502-6012 or <a href="/cdn-cgi/l/email-protection#b4c6d1d6d1d7d7d59ad9d5c6c0dddaf4d2d1c6d79ad3dbc2"><span class="__cf_email__" data-cfemail="9fedfafdfafcfcfeb1f2feedebf6f1dff9faedfcb1f8f0e9">[email protected]</span></a>.
Dated: August 20, 2025.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2025-16304 Filed 8-25-25; 8:45 am]
BILLING CODE 6717-01-P
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