Notice2025-18838
FirstLight: Notice of Pending Jurisdictional Inquiry, and Soliciting Comments, Protests, and Motions To Intervene
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Published
September 29, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 90 Issue 186 (Monday, September 29, 2025)</title>
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[Federal Register Volume 90, Number 186 (Monday, September 29, 2025)]
[Notices]
[Pages 46591-46592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18838]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. UL25-1-000]
FirstLight: Notice of Pending Jurisdictional Inquiry, and
Soliciting Comments, Protests, and Motions To Intervene
On April 4, 2025, the Federal Energy Regulatory Commission
(Commission) received a request from the U.S. Department of the
Interior (Interior) for an updated jurisdictional determination for the
unlicensed Tunnel Hydroelectric Project. The project is located on the
Quinebaug River in New London County, Connecticut.
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
[[Page 46592]]
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 Tunnel Hydroelectric Project. On December 6,
1979, Commission staff determined that the project was non-
jurisdictional based on Commission staff's finding that there was
insufficient evidence that the Quinebaug River was navigable at the
site of the Tunnel Project and that there was no post-1935 construction
at the project.\5\ Interior requests that the Commission reexamine
navigability of the Quinebaug 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 Conn. Light & Power Co., 9 FERC ] 62,146 (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 Interior's request, Commission staff is
investigating the jurisdictional status of the Tunnel Hydroelectric
Project (UL25-1-000). A copy of Interior's request 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, UL25-1-000. 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#561013041519383a3f383305232626392422163033243578313920"><span class="__cf_email__" data-cfemail="87c1c2d5c4c8e9ebeee9e2d4f2f7f7e8f5f3c7e1e2f5e4a9e0e8f1">[email protected]</span></a>, for TTY, call (202) 502-8659.
The Commission is soliciting comments, motions to intervene, and
protests in this proceeding. Comments, motions to intervene, and
protests must be filed by 45 days from notice or November 10, 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 proceeding. 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#0f494a5d4c40616366616a5c7a7f7f607d7b4f696a7d6c21686079"><span class="__cf_email__" data-cfemail="682e2d3a2b27060401060d3b1d1818071a1c280e0d1a0b460f071e">[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 Number UL25-1-000.
For further information, please contact Maryam Akhavan at (202)
502-6110 or <a href="/cdn-cgi/l/email-protection#d2bfb3a0abb3bffcb3b9bab3a4b3bc92b4b7a0b1fcb5bda4"><span class="__cf_email__" data-cfemail="620f03101b030f4c03090a0314030c22040710014c050d14">[email protected]</span></a>.
Dated: September 24, 2025.
Carlos D. Clay,
Deputy Secretary.
[FR Doc. 2025-18838 Filed 9-26-25; 8:45 am]
BILLING CODE 6717-01-P
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