Notice2026-01475
Wagon Wheel Associates, Inc., Wagon Wheel Associates; Notice of Petition for Declaratory Order and Soliciting Comments, Protests, and Motions To Intervene
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Published
January 27, 2026
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 91 Issue 17 (Tuesday, January 27, 2026)</title>
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[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Notices]
[Pages 3490-3491]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01475]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. DI26-1-000; Project No. 13871-000]
Wagon Wheel Associates, Inc., Wagon Wheel Associates; Notice of
Petition for Declaratory Order and Soliciting Comments, Protests, and
Motions To Intervene
Take notice that the following application has been filed with the
Commission and is available for public inspection:
a. Application Type: Petition for Declaratory Order.
b. Docket Nos: DI26-1-000 and P-13871-000.
c. Date Filed: October 29, 2025.
d. Applicant: Wagon Wheel Associates, Inc.
e. Name of Project: Humphreys Hydroelectric Project.
f. Location: The Humphreys Hydroelectric Project is located on
Goose Creek, near the town of South Fork, in Mineral County, Colorado.
g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b)(1).
h. Applicant Contact: Ruth Brown, Wagon Wheel Associates, Inc., 7.5
Goose Creek Road, South Fork, CO 81154; email: <a href="/cdn-cgi/l/email-protection#99ebecedf1f0fcfbebf6eef7d9faf6f4faf8eaedb7f7fced"><span class="__cf_email__" data-cfemail="b9cbcccdd1d0dcdbcbd6ced7f9dad6d4dad8cacd97d7dccd">[email protected]</span></a>;
Agent Contact: Karl F. Kumli, III, 2060 Broadway, Suite 400, Boulder,
Colorado 80302; telephone: (303) 447-1375; email:
<a href="/cdn-cgi/l/email-protection#ed868c9f8186ad898488999788898c9b849ec38e8280"><span class="__cf_email__" data-cfemail="98f3f9eaf4f3d8fcf1fdece2fdfcf9eef1ebb6fbf7f5">[email protected]</span></a>.
i. FERC Contact: Maryam Akhavan, (202) 502-6110, or
<a href="/cdn-cgi/l/email-protection#175a76656e767a39567c7f76617679577172657439707861"><span class="__cf_email__" data-cfemail="7c311d0e051d11523d17141d0a1d123c1a190e1f521b130a">[email protected]</span></a>.
j. Deadline for filing comments, protests, and motions to intervene
is: February 20, 2026, by 5:00 p.m. Eastern Time.
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#c88e8d9a8b87a6a4a1a6ad9bbdb8b8a7babc88aeadbaabe6afa7be"><span class="__cf_email__" data-cfemail="a2e4e7f0e1edcccecbccc7f1d7d2d2cdd0d6e2c4c7d0c18cc5cdd4">[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 DI26-1-000 and P-13871-000.
Comments emailed to Commission staff are not considered part of the
Commission record.
k. Description of Project: The existing Humphreys Hydroelectric
Project (P-13871) consists of: (1) 186-foot-long, 90-foot-high concrete
arch dam with twin 36-inch outlets; (2) 148-foot long, 70-foot-wide
concrete ogee overflow spillway; (3) 44-acre reservoir with normal
storage of 842 acre feet and a normal surface elevation of 8,971.15
feet mean sea level; (4) siphon intake and trash rack constructed on
the left abutment of the dam at an elevation 8,971.15 feet mean sea
level; (5) 36-inch-diameter, 600-foot-long above ground steel penstock
leading from the siphon intake to the powerhouse; (6)16-foot-wide by
24-foot-long powerhouse housing the turbine, generator, switchgear and
controls; (7) 310-kilowatt nameplate capacity turbine generator; (8)
500-foot-long, 25-kilovolt buried cable connecting the powerhouse to
the existing underground power line located adjacent to the main ranch
access road; and (9) appurtenant facilities.
This petition seeks a declaration finding that the Humphreys
Hydroelectric Project is non-jurisdictional because the project is not
located on a navigable stream or a tributary to a navigable waterway
over which Congress has jurisdiction under the Commerce Clause; does
not involve post-1935 construction; and does not directly affect
interstate or foreign commerce.
When a Petition for Declaratory Order is filed with the Commission,
requesting a jurisdictional determination for an existing project, a
review is begun to determine if the interests of interstate or foreign
commerce are affected by the project. The Commission also determines
whether or not the project: (1) is located on a navigable waterway; (2)
is occupying or affecting public lands or reservations of the United
States; (3) is utilizing surplus water or water power from a government
dam; or (4) if applicable, has undertaken any construction subsequent
to 1935 that may have increased the project's head or generating
capacity, or has otherwise significantly modified the project's pre-
1935 design or operation.
l. Locations of the Application: This filing 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 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, call 1-866-208-3676 or email
<a href="/cdn-cgi/l/email-protection#f2b4b7a0b1bd9c9e9b9c97a18782829d8086b294978091dc959d84"><span class="__cf_email__" data-cfemail="074142554448696b6e696254727777687573476162756429606871">[email protected]</span></a>, for TTY, call (202) 502-8659.
m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214. In determining the appropriate action to take, the Commission
will
[[Page 3491]]
consider all protests or other comments filed, but only those who file
a motion to intervene in accordance with the Commission's Rules may
become a party to the proceeding. Any comments, protests, or motions to
intervene must be received on or before the specified comment date for
the particular application.
o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTESTS'', and ``MOTIONS TO
INTERVENE'', as applicable; (2) set forth in the heading the name of
the applicant and the project number of the application to which the
filing responds; (3) furnish the name, address, and telephone number of
the person commenting, protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.
p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
q. For public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, contact the Office
of Public Participation at (202)502-6595 or <a href="/cdn-cgi/l/email-protection#91dec1c1d1f7f4e3f2bff6fee7"><span class="__cf_email__" data-cfemail="5b140b0b1b3d3e2938753c342d">[email protected]</span></a>.
(Authority: 18 CFR 2.1)
Dated: January 21, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-01475 Filed 1-26-26; 8:45 am]
BILLING CODE 6717-01-P
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