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Natural resources

FERC Issues Preliminary Determination of Inconsistency with Interior's Recommendations for Michigan Tower and Kleber Hydroelectric Project

Strategic Insights

— 1 min read

The Federal Energy Regulatory Commission (FERC) has issued a preliminary determination of inconsistency with the recommendations of the U.S. Department of the Interior (Interior) for the proposed relicensing of the Tower and Kleber Hydroelectric Project No. 10615. On July 8, 2024, Interior filed recommendations pursuant to section 10(j) of the Federal Power Act, which included 13 measures to protect fish and wildlife resources. However, FERC has found that two of Interior's recommendations are outside the scope of section 10(j) and has rejected 11 of the recommendations, citing concerns about their consistency with the Federal Power Act.

Key Takeaways:

  • FERC has issued a preliminary determination of inconsistency with Interior's recommendations for the Tower and Kleber Hydroelectric Project No. 10615.
  • Interior filed 13 recommendations on July 8, 2024, to protect fish and wildlife resources, but FERC has rejected 11 of these recommendations.
  • The rejected recommendations include measures such as developing a long-term operation and maintenance plan, monitoring dissolved oxygen and water temperature, and implementing measures to protect pollinators.
  • Interior's rejected recommendations were deemed to be outside the scope of section 10(j) of the Federal Power Act.
  • FERC has invited Interior to file comments on the preliminary determination of inconsistency and has suggested an alternative meeting agenda to resolve the issues.

Statistics:

  • 13 recommendations were filed by Interior on July 8, 2024, to protect fish and wildlife resources.
  • 11 of these recommendations were rejected by FERC due to concerns about their consistency with the Federal Power Act.
  • 2 of Interior's recommendations were deemed to be outside the scope of section 10(j) of the Federal Power Act.

Sources:

  • James, C. (2024, July 8). U.S. Department of the Interior. [Recommendations for the Proposed Relicensing of the Tower and Kleber Hydroelectric Project No. 10615.] Section 10(j) Preliminary Determination of Inconsistency. Retrieved from [https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20250708-3006](https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20250708-3006)
  • FERC. (2025, May 15). Notice of Preliminary Determination of Inconsistency with Interior's Recommendations for the Proposed Relicensing of the Tower and Kleber Hydroelectric Project No. 10615. Project No. 10615-058. Retrieved from [https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20250515-3005](https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20250515-3005)

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