skip
general nav links About
ACHP
ACHP News
National Historic
Preservation
Program
Working with
Section 106
Federal, State, & Tribal Programs
Training & Education
Publications
Search |
|
skip
specific nav links
Home Working
with Section 106 ACHP
Case Digest Fall
2002 New York: Transfer of Ownership
of the Mechanicville Hydroelectric Plant
New York: Transfer of Ownership of the Mechanicville Hydroelectric Plant
Agency: Federal Energy
Regulatory Commission
As
reported in the Spring 2002 Case Digest,
the Federal Energy Regulatory Commission accepted the surrendered
license for a private historic hydroelectric plant before an agreement
could be reached on the treatment of the National Register-listed
property.
FERCs actions before concluding the Section 106 review process
has created significant procedural problems that must be addressed
before the plant can be transferred to New York State.
|
In accordance with FERCs regulations, in April 2002 ACHP requested
a rehearing of the case because it did not have evidence that FERC executed
an agreement as required by Section 106 of the National Historic Preservation
Act. At that time ACHP also requested that FERC consider specific issues
regarding mitigation and the involvement of consulting parties and the
public, and advise ACHP about how FERC planned to proceed.
Mechanicville Hydroelectric Plant, New York (photo
courtesy of Fourth Branch Associates and NY State Office of Parks, Recreation,
and Historic Preservation)
In August 2002, FERC denied ACHPs request for a rehearing, asserting
that FERC substantially complied with Section 106 review because it had
required the plant owner to document the historic property and to use
reversible techniques to decommission the plant.
FERC also stated that it terminated consultation through its November
2001 notice requesting review and comments on a Draft Environmental Assessment
of the project, even though the notice did not explicitly state that consultation
was being terminated. FERCs failure to follow the procedures that
are set forth in ACHPs regulations could result in a challenge by
parties with an interest in the project.
ACHP is currently evaluating the situation and possible steps to be taken
with FERC. For background information on this case, see the Spring 2002
Case Digest at www.achp.gov/casesspg02NY2.html.
Staff contact: Laura
Henley Dean
Posted
November 7, 2002
Return to Top |