[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Notices]
[Pages 50332-50333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17591]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. UL22-1-000]


Consolidated Hydro New York, LLC; Notice of Pending 
Jurisdictional Inquiry and Solicting Comments, Protests, and Motions To 
Intervene

    On May 4, 2022, the Federal Energy Regulatory Commission 
(Commission) received a request from U.S. Department of the Interior's 
Fish and Wildlife Service (FWS) for a jurisdictional determination for 
the unlicensed Winnie's Reef Dam. Commission staff's review of 
Consolidated Hydro New York, LLC's final license application for the 
Victory Mills Hydroelectric Project (FERC Project No. 7153) found 
information stating that Winnie's Reef Dam is operated to maintain the 
water levels of Saratoga Lake. In addition, comments on the license 
application for the Victory Mills Project and in FWS's jurisdictional 
request state that Winnie's Reef Dam controls flows downstream in Fish 
Creek and may provide headwater benefits for both the Victory Mills 
Project (approximately 5 miles downstream of Winnie's Reef Dam) and the 
Schuylerville Project No. 8606 (approximately 0.6 miles downstream from 
Victory Mills Project). As a result, the Commission is beginning a 
review of the Winnie's Reef Dam to determine whether it is subject to 
the Commission's mandatory licensing jurisdiction under section 23 of 
the Federal Power Act (FPA).
    Pursuant to section 23(b)(1) of the FPA, 16 U.S.C. 817(1), a non-
federal hydroelectric project must be licensed (unless it has a still-
valid pre-1920 federal permit) if it: (1) is located on a navigable 
water of the United States, (2) occupies lands or reservations of the 
United States, (3) uses the surplus water or water power from a 
government dam; or (4) 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.
    Section 4(e) of the FPA authorizes the Commission to issue licenses 
for hydroelectric project works, including reservoirs. Section 23(b)(1) 
of the FPA requires (with exceptions not relevant here) a Commission 
license for the operation of non-federal hydroelectric project works, 
including reservoirs, that are used to generate electric power on any 
navigable waters of the United States. Storage reservoirs that are not 
directly connected to other project

[[Page 50333]]

works must be licensed if they are necessary or appropriate in the 
maintenance and operation of a complete unit of hydropower improvement 
or development. The Commission makes this finding by examining the 
facts in each case, considering the reservoir's effect on downstream 
generation and its storage capacity, location, and purpose, to 
determine if there are significant generation benefits to a downstream 
project or projects. The Commission has found, and the D.C. Circuit has 
affirmed, that a contribution to downstream electric generation of at 
least two percent amounts to a significant generation benefit.\1\
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    \1\ See Domtar Maine Corp., Inc. v. FERC, 347 F.3d 304, 311-12 
(D.C. Cir. 2003); Chippewa and Flambeau Improvement Co. v. FERC, 325 
F.3d 353 (D.C. Cir. 2003).
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    The Commission is soliciting comments, motions to intervene, and 
protests in these proceedings. Comments, motions to intervene, and 
protests must be filed by thirty (30) days from notice or September 9, 
2022. 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 Rules 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 [email protected], (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. Submissions sent via any 
other carrier must be addressed to: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, 
Maryland 20852. The first page of any filing should include docket 
number UL22-1-000.
    For further information, please contact Jennifer Polardino at (202) 
502-6437 or [email protected].

    Dated: August 10, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-17591 Filed 8-15-22; 8:45 am]
BILLING CODE 6717-01-P


