HomeMy WebLinkAbout100526-FERC_NonJurisFindingUNITED STATES OF AMERICA 131 FERC ¶62,179
FEDERAL ENERGY REGULATORY COMMISSION
City of Tenakee Springs Docket No.DI10-8-000
ORDER RULING ON DECLARATION OF INTENTION
AND FINDING LICENSING NOT REQUIRED
(Issued May 26,2010)
1.On March 1,2010,the City of Tenakee Springs filed a Declaration of Intention
(DI)concerning the proposed Indian River Hydroelectric Project,which will be located
near the city of Tenakee Springs,on Chichagof Island,Sitka Borough,Alaska,affecting
T.47 S,R.63 E,secs.15,21,and 22,Copper River Meridian.
PROJECT DESCRIPTION
2.The proposed run-of-river Indian River Hydroelectric Project will consist of:(1)
a 6-foot-high,30-foot-wide diversion structure,to be located at river mile (RM)0.85;
(2)a 40-inch-diameter,1,550-foot-long penstock;(3)a 30-foot-wide,40-foot-long,
wood frame powerhouse,located at RM 0.55,housing a 250 kW turbine-synchronous
generator;(4)a 50-foot-long tailrace returning flows back into Indian River;(5)a
5,900-foot-long transmission line;and (6)appurtenant facilities.
PUBLIC NOTICE
3.Notice of the DI was issued on March 9,2010.Protests,comments,and motions
to intervene were to be filed by April 9,2010.The U.S.Department of Agriculture,
U.S.Forest Service,Tongass National Forest,filed a motion to intervene and comments
on April 19,2010.The comments stated that the proposed project had the potential to
affect Forest Service interests,but the comments did not relate to the issue of
jurisdiction.No other protests,comments,or motions to intervene have been received.
JURISDICTION
4.Pursuant to Section 23(b)(1)of the Federal Power Act (FPA),16 U.S.C.§817(1),
a non-federal hydroelectric project must (unless it has a still-valid pre-1920 federal
permit)be licensed if it:
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Docket No.DI10-8-000 2
•is located on a navigable water of the United States;
•occupies lands or reservations of the United States;
•utilizes surplus water or waterpower from a government dam;or
•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.
DISCUSSION
5.The proposed project will not occupy an y public lands or reservations of the
United States and will not use surplus water or waterpower from a Federal government
dam.The proposed project would be constructed after August 26,1935,and would be
located on a Commerce Clause stream.1 However,the proposed project would not
affect the interests of interstate commerce,because the City of Tenakee Springs plans to
sell the generated power to the Tenakee Springs Electric Utility,which is not connected
to an interstate transmission grid.Therefore,the project does not require licensing
under Section 23(b)(1)of the FPA.
CONCLUSION
6.Consequently,Section 23(b)(1)of the FPA does not require licensing of the
proposed project.If evidence to support the Commission’s licensing jurisdiction is
found in the future,Section 23(b)(1)would require licensing.Under Section 4(g)of the
FPA,the project owner could then be required to apply for a license.
The Director orders:
(A)Section 23(b)(1)of the Federal Power Act does not require licensing of the
proposed Indian River Hydroelectric Project.This order is issued without prejudice to
any future determination upon new or additional evidence that licensing is required.
1 The Indian River flows into Tenakee Inlet and Chatham Straits,tributary to the
Pacific Ocean.
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(B)This order constitutes final agency action.Requests for rehearing by the
Commission ma y be filed within 30 da ys of the date of issuance of this order,pursuant
to 18 C.F.R.§385.713.
William Guey-Lee,Chief
Engineering and Jurisdiction Branch
Division of Hydropower
Administration and Compliance
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Document Content(s)
di10-8-000.DOC........................................................1-3
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