Pending Jurisdictional Inquiry - Baldin Brook Hydroelectric Project

Regs.gov: Federal Energy Regulatory Commission

Published February 4th, 2026

Detected April 3rd, 2026

Summary

FERC received a jurisdictional determination request from Vermont DEC for the unlicensed Baldin Brook Hydroelectric Project located on Baldin Brook in Lamoille County, Vermont. Commission staff is investigating whether the project requires licensing under section 23(b)(1) of the Federal Power Act based on Commerce Clause jurisdiction, post-1935 construction, and interstate grid connection. The Commission is soliciting comments, motions to intervene, and protests with a deadline of May 15, 2026.

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What changed

On February 4, 2026, FERC received a jurisdictional determination request from the Vermont Department of Environmental Conservation (Vermont DEC) for the unlicensed Baldin Brook Hydroelectric Project (Docket UL26-4-000). The inquiry focuses on whether the project meets licensing requirements under FPA section 23(b)(1) based on four conditions: navigable waters, federal lands occupancy, government dam waterpower, or Commerce Clause jurisdiction with post-1935 construction affecting interstate commerce. Vermont DEC argues the project qualifies under the Commerce Clause criteria.

Affected parties—including project operators, adjacent landowners, and environmental stakeholders—must file comments, protests, or motions to intervene by May 15, 2026 (45 days from notice). Submissions may be made electronically via FERC's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp or the eComment system. Paper filings must be addressed to Debbie-Anne A. Reese, Secretary, FERC, 888 First Street NE, Washington, DC 20426. Only those who file a motion to intervene may become parties to the proceedings.

What to do next

File comments, motions to intervene, or protests by May 15, 2026 via FERC eFiling system or mail to Secretary
Review project documentation at http://www.ferc.gov/docs-filing/elibrary.asp using docket UL26-4-000
Assess whether project operations may be affected by a potential licensing requirement determination

Source document (simplified)

Content

On February 4, 2026, the Federal Energy Regulatory Commission (Commission) received a request from the Vermont Department
of Environmental Conservation (Vermont DEC) for a jurisdictional determination for the unlicensed Baldin Brook Hydroelectric
Project. The project is located on Baldin Brook in Lamoille County, Vermont.

Pursuant to section 23(b)(1) of the Federal Power Act (FPA), (1) a non-federal hydroelectric project must be licensed 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; (2) 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 or foreign commerce.

Regarding condition (d) above, for purposes of FPA section 23(b)(1), headwaters and tributaries of navigable waters are Commerce
Clause streams; (3) “post-1935” construction or modification at an existing project includes enlarging a project, such as increasing size of the
reservoir, height of the dam, or generating capacity; (4) and projects that generate energy for transmission on the interstate grid affect interstate commerce. (5)

Vermont DEC requests that the Commission examine its jurisdiction for the Baldin Brook Hydroelectric Project on the grounds
that the project is located on a stream over which Congress has Commerce Clause jurisdiction, was constructed after August
26, 1935, and is connected to the transmission grid. (6)

In response to Vermont DEC's requests, Commission staff is investigating the jurisdictional status of the Baldin Brook Hydroelectric
Project (UL26-4-000). A copy of Vermont DEC's request may be viewed on the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number, UL26-4-000.

  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.

The Commission is soliciting comments, motions to intervene, and protests in these proceedings. Comments, motions to intervene,
and protests must be filed by 45 days from notice or May 15, 2026, by 5:00 p.m. Eastern Time. 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 Rule may become a party to the proceedings.
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 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, Maryland 20852. The first page
of any filing should include Docket Number UL26-4-000.

For further information, please contact Rebecca Martin at (202) 502-6012 or rebecca.martin@ferc.gov.

(Authority: 18 CFR 2.1.)

Dated: March 31, 2026. Carlos D. Clay, Deputy Secretary. [FR Doc. 2026-06505 Filed 4-2-26; 8:45 am] BILLING CODE 6717-01-P

Footnotes

(1) 16 U.S.C. 817(1).

(2) A project that meets condition (a), (b), or (c) is not required to be licensed if it holds a still valid pre-1920 federal
permit.

(3) FPC v. Union Electric Co., 381 U.S. 90, 94-96 (1965).

(4) See, e.g., L.S. Starrett Co. v. FERC, 650 F.3d 19, 26-27 (1st Cir. 2011); Cent. Vt. Pub. Serv. Corp., 54 FERC ¶ 61,132, at 61,434 (1991) (citing Puget Sound Power & Light Co. v. FPC, 557 F.2d 1311 (9th Cir. 1977); Aquenergy Systems, Inc., 29 FERC ¶ 61,026 (1984)).

(5) See FPC v. Union Elec. Co., 381 U.S. at 94-95. Moreover, it is well settled that small hydroelectric projects that are connected to the interstate grid,
even if they have no interstate sales, affect interstate commerce by displacing power from the grid, and the cumulative effect
of the national class of these small projects is significant for purposes of FPA section 23(b)(1). See Habersham Mills v. FERC, 976 F.2d 1381, 1384-85 (11th Cir. 1992).

(6) Vermont DEC February 4, 2026 Request for Determination of Commission Jurisdiction for the Baldin Brook Hydroelectric Project
at 2.