City of Idaho Falls Hydroelectric License Variance Application
Summary
FERC published a notice on April 24, 2026 announcing that the City of Idaho Falls, Idaho has filed an application for a temporary variance of minimum bypass flow requirements at the Idaho Falls Hydroelectric Project (Project No. 2842-047). The project is located on the Snake River in Bonneville County, Idaho, occupying federal lands administered by the BLM. The Commission is soliciting comments, motions to intervene, and protests from the public.
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What changed
FERC published a notice on April 24, 2026 announcing the filing of an application by the City of Idaho Falls, Idaho for a temporary variance of minimum bypass flow at the Idaho Falls Hydroelectric Project (Project No. 2842-047). The project is located on the Snake River in Bonneville County, Idaho and occupies federal lands administered by the Bureau of Land Management. The application was filed pursuant to the Federal Power Act on February 13, 2026.
Affected parties and interested stakeholders should note that the Commission is actively seeking comments, motions to intervene, and protests. Cooperating agencies with environmental jurisdiction may request to participate in environmental document preparation, but cannot subsequently intervene. Energy companies and hydroelectric operators should monitor this proceeding as it may establish precedent for bypass flow variance requests under the Federal Power Act.
Archived snapshot
Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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Notice
City of Idaho Falls, Idaho; Notice of Application for a License Variance Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests
A Notice by the Federal Energy Regulatory Commission on 04/24/2026
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Document Details Published Content - Document Details Agencies Department of Energy Federal Energy Regulatory Commission Agency/Docket Number Project No. 2842-047 Document Citation 91 FR 22148 Document Number 2026-08089 Document Type Notice Pages 22148-22149
(2 pages) Publication Date 04/24/2026 Published Content - Document DetailsPDF Official Content
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Document Details Published Content - Document Details Agencies Department of Energy Federal Energy Regulatory Commission Agency/Docket Number Project No. 2842-047 Document Citation 91 FR 22148 Document Number 2026-08089 Document Type Notice Pages 22148-22149
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Department of Energy
Federal Energy Regulatory Commission
- [Project No. 2842-047] Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:
a. Application Type: Temporary variance of minimum bypass flow.
b. Project No: 2842-047.
c. Date Filed: February 13, 2026.
d. Applicant: City of Idaho Falls, Idaho.
e. Name of Project: Idaho Falls Hydroelectric Project.
f. Location: The project is located on the Snake River in Bonneville County, Idaho, and occupies federal lands administered by the Bureau of Land Management.
g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
h. Applicant Contact: Richard Malloy, 140 South Capital, Idaho Falls, Idaho 83402, rmalloy@ifpower.org.
i. FERC Contact: Brian Bartos, (202) 502-6679, brian.bartos@ferc.gov.
j. Cooperating agencies: With this notice, the Commission is inviting federal, state, local, and Tribal agencies with jurisdiction and/or special expertise with respect to environmental issues affected by the proposal, that wish to cooperate in the preparation of any environmental document, if applicable, to follow the instructions for filing such requests described in item k below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of any environmental document cannot also intervene. See 94 FERC ¶ 61,076 (2001).
k. Deadline for filing comments, motions to intervene, and protests: May 21, 2026, 5:00 p.m. Eastern Time.
The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests 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. 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, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852. The first page of any filing should include the docket number P-2842-047. Comments emailed to Commission staff are not considered part of the Commission record.
The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.
l. Description of Request: The licensee is requesting a temporary variance of the required minimum flow to the bypassed reach at the Upper Development Dam #1 under Article 40 of the project license, for the construction of a cofferdam to facilitate in-kind maintenance activities on the pelican gates. This request is similar in its scope and timeframe to the licensee's prior request, filed December 2, 2024, supplemented on February 7, 2025, that it withdrew due to delays obtaining local permits and approvals.
The variance would entail cessation of the required minimum flows to the bypass reach, of which approximately 500 feet would be dewatered from approximately August through December 2026. This variance should allow adequate time for cofferdam construction, dewatering, and inspection and repair of the gates. The licensee has reinitiated consultation with the resource/permitting agencies, Tribes, and stakeholders for the work, including consultation for cultural resources. The licensee consulted with Idaho Fish and Game to survey the dewatered reach to capture and relocate any stranded fish and place gravel in the dewatered bypass reach for fisheries spawning restoration and enhancement. The licensee would perform the proposed work using best management practices to protect water quality and prevent erosion of project lands or sedimentation of project waters.
m. Locations of the Application: This filing may be viewed on the Commission's website at http://www.ferc.gov using the “eLibrary” link. Enter the docket number 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. Agencies may obtain copies of the application directly from the applicant.
n. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.
o. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other 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 for the particular application.
p. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the ( printed page 22149) application to which the filing responds; and (3) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. Any filing made by an intervenor must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 385.2010.
q. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or OPP@ferc.gov.
(Authority: 18 CFR 2.1)
Dated: April 21, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-08089 Filed 4-23-26; 8:45 am]
BILLING CODE 6717-01-P
Published Document: 2026-08089 (91 FR 22148)
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