[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Notices]
[Page 7542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02582]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. UL20-1-000]


Northern States Power Company--Wisconsin: Notice of Pending 
Jurisdictional Inquiry and Soliciting Comments, Protests, and Motions 
To Intervene

    On December 30, 2019, and supplemented on January 22, 2020, 
Northern States Power Company--Wisconsin filed a preliminary 
application document (PAD) and notice of intent to file a license 
application for the Saxon Falls and Superior Falls Hydroelectric 
Projects (FERC Project Nos. 2610 and 2587, respectively). Commission 
staff's review of the PAD found information stating that the Gile 
Flowage was created to augment river flows in the Montreal River during 
the summer and winter low-flow periods at the downstream Saxon Falls 
and Superior Falls Projects, and that both projects depend on flow 
augmentation from Gile Flowage during these periods. The Gile Flowage 
is in Iron County, Wisconsin. As a result, the Commission is beginning 
a review of the Gile Flowage 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) (2018), 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 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 2 percent amounts to a significant 
generation benefit.\1\
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    \1\ See Domtar Maine Corp., Inc. v. FERC, 347 F.3d 304, 309 
(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 March 2, 
2020. 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. The first page of any filing 
should include docket number UL20-1-000.
    For further information, please contact Jennifer Polardino at (202) 
502-6437 or [email protected].

    Dated: January 31, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-02582 Filed 2-7-20; 8:45 am]
BILLING CODE 6717-01-P