[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31061-31062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13823]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. UL19-1-000; UL19-2-000]


Central Hudson Gas & Electric Corporation; Notice of Pending 
Jurisdictional Inquiry, and Solicting Comments, Protests, and Motions 
To Intervene

    On May 9, 2019, the Federal Energy Regulatory Commission 
(Commission) received a request from the U.S. Department of the 
Interior's Fish and Wildlife Service (FWS) for an updated 
jurisdictional determination for the unlicensed Sturgeon Pool and 
Dashville Hydroelectric Projects. The projects are located on the 
Wallkill River in Ulster County, New York.
    Pursuant to section 23(b)(1) of the Federal Power Act, a non-
federal hydroelectric project must be licensed (unless it has a still-
valid pre-1920 federal permit) 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; 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.\1\
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    \1\ 16 U.S.C. 8171 (2012).
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    A stream is navigable under section 3(8) of the FPA if: (1) It is 
currently being used or is suitable for use, or (2) it has been used or 
was suitable for use in the past, or (3) it could be made suitable for 
use in the future by reasonable improvements, to transport persons or 
property in interstate or foreign commerce. Navigability under section 
3(8) of the FPA is not destroyed by obstructions or disuse of many 
years;

[[Page 31062]]

personal or private use may be sufficient to demonstrate the 
availability of the river for commercial navigation; and the seasonal 
floatation of logs is sufficient to determine that a river is 
navigable.
    Commission staff previously investigated the Commission's 
jurisdiction over the Sturgeon Pool and Dashville Hydroelectric 
Projects. In 1988, staff determined that the projects were non-
jurisdictional based on staff's finding that the Wallkill River was not 
navigable at the location of the projects.\2\ Commission staff's prior 
finding relied primarily on historical usage of the river. FWS requests 
that the Commission reexamine navigability of the Wallkill River and 
look specifically at the river's suitability for commercial use. A 
stream's suitability for commercial use can be demonstrated based on 
its physical characteristics, as well as its actual use or suitability 
for use for recreational boating, if this information shows the river 
is suitable for the simpler types of commercial navigation.\3\
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    \2\ See Central Hudson Gas & Electric Co., 44 FERC ] 62,215 
(1988) (Dashville Hydroelectric Project in Docket No. UL88-18-000); 
Central Hudson Gas & Electric Co., 44 FERC ] 62,216 (1988) (Sturgeon 
Pool Hydroelectric Project in Docket No. UL88-22-000).
    \3\ See FPL Energy Maine Hydro LLC v. FERC, 287 F.3d 1151, 1158 
(D.C. Cir. 2002) (affirming navigability finding based on stream 
characteristics and test trips by canoe).
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    In response to FWS's request, Commission staff is investigating the 
jurisdictional status of the Sturgeon Pool Hydroelectric Project (UL19-
1-000) and Dashville Hydroelectric Project (UL19-2-000). A copy of 
FWS's request may be viewed on the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number, UL19-1-
000 or UL19-2-000, excluding the last three digits in the docket number 
field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp 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 
FERCOnlineSupport@ferc.gov, 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 August 8, 2019. 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 proceeding. 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 http://www.ferc.gov/docs-filing/efiling.asp. 
Commenters can submit brief comments up to 6,000 characters, without 
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact 
information at the end of your comments. For assistance, please contact 
FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll 
free), or (202) 502-8659 (TTY). In lieu of electronic filing, please 
send a paper copy to: Secretary, Federal Energy Regulatory Commission, 
888 First Street NE, Washington, DC 20426. The first page of any filing 
should include Docket Numbers UL19-1-000 and/or UL19-2-000.
    For further information, please contact Jennifer Polardino at (202) 
502-6437 or Jennifer.Polardino@ferc.gov; or Ashish Desai at (202) 502-
8370 or Ashish.Desai@ferc.gov.

    Dated: June 24, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-13823 Filed 6-27-19; 8:45 am]
 BILLING CODE 6717-01-P


