Federal Energy Regulatory Commission Clarifies Section 106 of the National Historic Preservation Act for the Solomon Gulch Hydroelectric Project

Strategic Insights -

The Federal Energy Regulatory Commission (FERC) issued a letter to Copper Valley Electric Association, Inc., on July 29, 2025, clarifying the applicability of Section 106 of the National Historic Preservation Act (NHPA) to the Solomon Gulch Hydroelectric Project. The project involves removing 108.16 miles of transmission line from the project boundary, which would no longer meet the definition of a primary transmission line under Section 3(11) of the Federal Power Act.

The Commission staff initially indicated that an initial review of cultural resource surveys completed for the transmission line showed that historic properties could be adversely affected by removal of lands from federal jurisdiction pursuant to NHPA Section 106. However, upon further review, the Commission determined that the proposed action is not an undertaking, as defined in 36 C.F.R. § 800.16(y), and that the Commission has no further obligations under Section 106 of the NHPA or its implementing regulations.

Key Takeaways:

  • The Federal Energy Regulatory Commission (FERC) issued a letter to Copper Valley Electric Association, Inc., on July 29, 2025, regarding the applicability of Section 106 of the National Historic Preservation Act (NHPA) to the Solomon Gulch Hydroelectric Project.
  • The project involves removing 108.16 miles of transmission line from the project boundary, which would no longer meet the definition of a primary transmission line under Section 3(11) of the Federal Power Act.
  • The Commission staff initially indicated that an initial review of cultural resource surveys completed for the transmission line showed that historic properties could be adversely affected by removal of lands from federal jurisdiction pursuant to NHPA Section 106.
  • The Commission determined that the proposed action is not an undertaking, as defined in 36 C.F.R. § 800.16(y), and that the Commission has no further obligations under Section 106 of the NHPA or its implementing regulations.
  • The Commission confirmed that it has all the information needed to process the October 31, 2022, amendment application.
  • The Commission encouraged Copper Valley Electric Association, Inc., to coordinate with the Alaska State Historic Preservation Office to provide any relevant cultural resources information regarding the non-primary transmission line right-of-way.

Statistics:

  • 108.16 miles of transmission line would be removed from the project boundary.
  • 1.68 miles of the transmission line, extending from the powerhouse switchyard to the Petro Star Switch Building at the Petro Star Valdez Refinery, would remain within the project boundary.
  • 110 miles is the total length of the transmission line.
  • The Commission staff met with Copper Valley Electric Association's contractor on July 15, 2025, to discuss the draft Memorandum of Agreement (MOA) and the Commission's Section 106 obligations.

Sources:

  • Federal Energy Regulatory Commission. (2025, July 29). Project No. 2742-038 - Alaska Solomon Gulch Hydroelectric Project.
  • 16 U.S.C. § 796(11) - Federal Power Act.
  • 36 C.F.R. § 800.2(c)(4) - National Historic Preservation Act.
  • Washington Water Power Co., 73 FERC P 62,110 (1995).
  • Sugarloaf Citizens Ass'n v. FERC, 959 F.2d 508 (4th Cir. 1992).