Delvin Warner; Notice of Pending Jurisdictional Inquiry for East Branch Hydroelectric Project and Soliciting Comments, Protests and Motions To Intervene
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The Federal Energy Regulatory Commission (FERC) is investigating whether the unlicensed East Branch Hydroelectric Project on the East Branch of the Missisquoi River in Orleans County, Vermont requires a federal license under Section 23(b)(1) of the Federal Power Act. Vermont Department of Environmental Conservation requested the determination, arguing the project is on a Commerce Clause stream, was constructed after August 26, 1935, and is connected to the interstate transmission grid. FERC staff is examining if the project affects interstate commerce through grid connection and post-1935 construction or modification. The Commission is accepting public comments, protests, and motions to intervene until May 11, 2026 at 5:00 p.m. Eastern Time.
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Key Changes
- FERC opening jurisdictional inquiry into unlicensed East Branch Hydroelectric Project (Docket UL26-5-000)
- Deadline for comments, protests, and motions to intervene set for May 11, 2026 at 5:00 p.m. Eastern Time
- Project evaluated under FPA section 23(b)(1) for location on Commerce Clause stream, post-1935 construction, and grid connection
+ 2 more changes with Pro
Obligations
What this law requires
East Branch Hydroelectric Project owner/operator must obtain a federal license under Section 23(b)(1) of the Federal Power Act if FERC determines the project meets jurisdictional criteria (Commerce Clause stream, post-1935 construction, and interstate grid connection)
Submit comments, protests, or motions to intervene by May 11, 2026 at 5:00 p.m. Eastern Time in FERC Docket No. UL26-5-000
File all submissions in compliance with FERC Rules of Practice and Procedure, 18 CFR 385.210, 211, and 214
Include Docket Number UL26-5-000 on the first page of any filing
Submit comments using FERC's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp or via U.S. mail to the Secretary of FERC at the specified addresses