
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89685-89686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28695]


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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 Availability 
of Navigability Report for the Walkill River, Request for Comments, and 
Notice of Pending Jurisdictional Inquiry

    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. 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).
    Pursuant to section 23(b)(1) of the Federal Power Act (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: (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 of foreign commerce.
    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; 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.\1\ 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.\2\
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    \1\ 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).
    \2\ 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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    As part of the current jurisdictional review, Commission staff 
prepared an updated navigability report for the Wallkill River. Before 
deciding on the jurisdictional status of the Sturgeon Pool and 
Dashville Hydroelectric Projects, the Commission will accept and 
consider comments on the navigability report. Comments may be filed no 
later January 22, 2024.
    This navigability report may be viewed on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket numbers, 
UL19-1 and UL19-2, 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, please contact FERC Online Support at 
[email protected] or toll-free at (866) 208-3676, or TTY, 
contact (202) 502-8659.

[[Page 89686]]

    The Commission strongly encourages electronic filing. Please file 
comments 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. 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 [email protected].

    Dated: December 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-28695 Filed 12-27-23; 8:45 am]
BILLING CODE 6717-01-P


