Vermont Hydro Project Under FERC License Microscope
Published Date: 3/31/2026
Notice
Summary
The Federal Energy Regulatory Commission is checking if the East Branch Hydroelectric Project in Vermont needs a federal license. This affects local energy producers and could change how the project operates or is regulated. People have a chance to share their thoughts or get involved before a decision is made, so timing matters!
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
FERC Reviewing License Need
The Federal Energy Regulatory Commission is investigating whether the East Branch Hydroelectric Project on the East Branch of the Missisquoi River in Orleans County, Vermont (Docket UL26-5-000) must be federally licensed under section 23(b)(1) of the Federal Power Act. The Commission is examining the project's jurisdictional status because the Vermont Department of Environmental Conservation says the project was constructed after August 26, 1935 and is connected to the transmission grid.
Legal Tests That Could Trigger Licensing
Under FPA section 23(b)(1) a non-federal hydroelectric project must be licensed if it is on a Commerce Clause stream, was constructed or modified on or after August 26, 1935, is connected to the interstate transmission grid, or meets other listed conditions. The notice explains that headwaters and tributaries of navigable waters are Commerce Clause streams and that post-1935 enlargement or increased generating capacity can count as construction or modification.
Public Comment and Intervention Window
Anyone may file comments, protests, or motions to intervene in Docket UL26-5-000, but submissions must be filed within 45 days of notice — by May 11, 2026, at 5:00 p.m. Eastern Time. Only those who file a motion to intervene may become a party to the proceeding; the Commission encourages electronic filing and allows brief eComments up to 6,000 characters without prior registration.
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