William Taylor; Notice of Pending Jurisdictional Inquiry, and Soliciting Comments, Protests, and Motions To Intervene
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The Federal Energy Regulatory Commission (FERC) received a request from the Vermont Department of Environmental Conservation on February 4, 2026, asking whether the unlicensed Baldin Brook Hydroelectric Project in Lamoille County, Vermont requires a federal license under Section 23(b)(1) of the Federal Power Act. The project is on Baldin Brook, a tributary of navigable waters, was constructed after August 26, 1935, and is connected to the interstate transmission grid. FERC staff is investigating whether the project affects interstate commerce and therefore falls under federal jurisdiction. The notice opens a 45-day public comment period ending May 15, 2026 at 5:00 p.m. Eastern Time for comments, protests, and motions to intervene.
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Key Changes
- FERC opened a 45-day comment period ending May 15, 2026 at 5:00 p.m. ET for comments, protests, and motions to intervene
- Investigating whether Baldin Brook Hydroelectric Project requires FERC license under FPA section 23(b)(1)
- Project constructed post-August 26, 1935 on Commerce Clause stream and connected to interstate grid
+ 3 more changes with Pro
Obligations
What this law requires
Submit comments, protests, or motions to intervene by May 15, 2026 at 5:00 p.m. Eastern Time for the Baldin Brook Hydroelectric Project jurisdictional inquiry (Docket No. UL26-4-000)
File motions to intervene in accordance with 18 CFR 385.214 to become a party to the proceedings
Include name and contact information at the end of any comments submitted
Include Docket Number UL26-4-000 on the first page of any filing
Obtain a federal license under Section 23(b)(1) of the Federal Power Act if the Baldin Brook Hydroelectric Project is determined to meet jurisdictional criteria: located on a navigable water or Commerce Clause stream, constructed after August 26, 1935, and affecting interstate commerce