FERC resets water quality review timeline for Schuylerville Hydroelectric Project
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This notice withdraws an earlier finding that New York had waived its water quality certification authority for the Schuylerville Hydroelectric Project. FERC says Erie Boulevard Hydropower withdrew its earlier request and filed a new water quality certification request with New York regulators on January 19, 2026. New York DEC now has until January 19, 2027, to act on the request. If it does not act by then, its certification authority for this project will be treated as waived under the Clean Water Act.
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Key Changes
- FERC withdraws its earlier notice finding a waiver of water quality certification for the project.
- FERC recognizes Erie Boulevard Hydropower’s new water quality certification request filed with New York DEC on January 19, 2026.
- New York DEC has until January 19, 2027, to act before its authority is treated as waived.
Obligations
What this law requires
New York State Department of Environmental Conservation must act on Erie Boulevard Hydropower, L.P.'s Clean Water Act section 401(a)(1) water quality certification request for the Schuylerville Hydroelectric Project by the end of the reasonable period of time set by FERC; failure or refusal to act by that date will result in waiver of certification authority for the request.