Notice2026-06199
Delvin Warner; Notice of Pending Jurisdictional Inquiry, and Soliciting Comments, Protests and Motions To Intervene
Primary source
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Published
March 31, 2026
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 91 Issue 61 (Tuesday, March 31, 2026)</title>
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[Federal Register Volume 91, Number 61 (Tuesday, March 31, 2026)]
[Notices]
[Pages 15986-15987]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06199]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. UL26-5-000]
Delvin Warner; Notice of Pending Jurisdictional Inquiry, and
Soliciting Comments, Protests and Motions To Intervene
On February 4, 2026, the Federal Energy Regulatory Commission
(Commission) received a request from the Vermont Department of
Environmental Conservation (Vermont DEC) for a jurisdictional
determination for the unlicensed East Branch Hydroelectric Project. The
project is located on the East Branch of the Missisquoi River in
Orleans County, 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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Regarding condition (d) above, for purposes of FPA section
23(b)(1), headwaters and tributaries of navigable waters are Commerce
Clause streams; \3\ ``post-1935'' construction or modification at an
existing project includes enlarging a project, such as increasing size
of the reservoir, height of the dam, or generating capacity; \4\ and
projects that generate energy for transmission on the interstate grid
affect interstate commerce.\5\
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\3\ FPC v. Union Electric Co., 381 U.S. 90, 94-96 (1965).
\4\ See, e.g., L.S. Starrett Co. v. FERC, 650 F.3d 19, 26-27
(1st Cir. 2011); Cent. Vt. Pub. Serv. Corp., 54 FERC ] 61,132, at
61,434 (1991) (citing Puget Sound Power & Light Co. v. FPC, 557 F.2d
1311 (9th Cir. 1977); Aquenergy Systems, Inc., 29 FERC ] 61,026
(1984)).
\5\ See FPC v. Union Elec. Co., 381 U.S. at 94-95. Moreover, it
is well settled that small hydroelectric projects that are connected
to the interstate grid, even if they have no interstate sales,
affect interstate commerce by displacing power from the grid, and
the cumulative effect of the national class of these small projects
is significant for purposes of FPA section 23(b)(1). See Habersham
Mills v. FERC, 976 F.2d 1381, 1384-85 (11th Cir. 1992).
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Vermont DEC requests that the Commission examine its jurisdiction
for the East Branch Project on the grounds that the project is located
on a stream over which Congress has Commerce Clause jurisdiction, was
constructed after August 26, 1935, and is connected to the transmission
grid.\6\
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\6\ Vermont DEC February 4, 2026 Request for Determination of
Commission Jurisdiction for the East Branch Hydroelectric Project at
2 and 7.
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In response to Vermont DEC's requests, Commission staff is
investigating the jurisdictional status of the East Branch
Hydroelectric Project (UL26-5-000). A copy of Vermont DEC'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, UL26-5-000. 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#70363522333f1e1c191e15230500001f020430161502135e171f06"><span class="__cf_email__" data-cfemail="ce888b9c8d81a0a2a7a0ab9dbbbebea1bcba8ea8abbcade0a9a1b8">[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 May 11, 2026, 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 http://www.ferc.gov/
docs-filing/
[[Page 15987]]
ecomment.asp. 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#de989b8c9d91b0b2b7b0bb8dabaeaeb1acaa9eb8bbacbdf0b9b1a8"><span class="__cf_email__" data-cfemail="d69093849599b8babfb8b385a3a6a6b9a4a296b0b3a4b5f8b1b9a0">[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 UL26-5-000.
For further information, please contact Rebecca Martin at (202)
502-6012 or <a href="/cdn-cgi/l/email-protection#88faedeaedebebe9a6e5e9fafce1e6c8eeedfaeba6efe7fe"><span class="__cf_email__" data-cfemail="acdec9cec9cfcfcd82c1cdded8c5c2eccac9decf82cbc3da">[email protected]</span></a>.
(Authority: 18 CFR 2.1)
Dated: March 26, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-06199 Filed 3-30-26; 8:45 am]
BILLING CODE 6717-01-P
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