Document

Notice of Application for Approval of Headwater Benefits Agreement Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

Department of Energy Federal Energy Regulatory Commission [Docket Nos. HB02-26-1-000, HB12-26-2-000] Energy Keepers, Incorporated Public Utility District No. 1 of Chelan County,...

Department of Energy
Federal Energy Regulatory Commission
  1. [Docket Nos. HB02-26-1-000, HB12-26-2-000]

Energy Keepers, Incorporated

Public Utility

District No. 1 of Chelan County, Washington

NorthWestern Corporation

Public Utility District No. 1 of Pend Oreille County, Washington

Avista Corporation

Public Utility District No. 2 of Grant County, Washington

City of Seattle, Washington

Public Utility District No. 1 of Douglas County, Washington

Portland General Electric Company

Eugene Water and Electric Board

Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

a. Application Type: Headwater Benefits Agreement.

b. Docket Nos: HB02-26-1-000 and HB12-26-2-000.

c. Date Filed: April 28, 2026.

d. Applicants: Energy Keepers, Incorporated; Public Utility District No. 1 of Chelan County, Washington; NorthWestern Corporation; Public Utility District No. 1 of Pend Oreille County, Washington; Avista Corporation; Public Utility District No. 2 of Grant County, Washington; City of Seattle, Washington; Public Utility District No. 1 of Douglas County, Washington; Portland General Electric Company; and Eugene Water and Electric Board.

e. Name of Projects: Séliš Ksanka Qíispé Project No. 5, Rock Island Project No. 943, Thompson Falls Project No. 1869, Box Canyon Project No. 2042, Clark Fork Project No. 2058, Priest Rapids Project No. 2114, Boundary Project No. 2144, Rocky Reach Project No. 2145, Wells Project No. 2149, Willamette Falls Project No. 2233, and Leaburg-Walterville Project No. 2496.

f. Location: The projects are located in the Columbia and Willamette River Basins in Montana, Idaho, Washington, and Oregon.

g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r, 18 CFR 11.14(a)(1) (2025); and 18 CFR 385.602 (2025).

h. Applicant Contact: Jeff Winmill, Strategic Counsel, Regulatory Affairs City of Seattle, 700 5th Ave., Suite 3200, Seattle, WA 98104, (206) 684-5267, .

i. FERC Contact: Jeremy Jessup, (202) 502-6779, .

j. Deadline for filing comments, motions to intervene, and protests: June 15, 2026 5:00 p.m. Eastern Time.

The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests using the Commission's eFiling system at http://www.ferc.gov/​docs-filing/​efiling.asp. For assistance, please contact FERC Online Support at , (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, MD 20852. The first page of any filing should include the docket numbers HB02-26-1-000 and HB12-26-2-000. Comments emailed to Commission staff are not considered part of the Commission record.

The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

k. Description of Request: The applicants filed an Interim Agreement for Calculation of Headwater Benefits (Settlement Agreement) for the Columbia and Willamette River Basins pursuant to 18 CFR 11.14(a), which provides that owners of downstream and headwater projects may negotiate a settlement for headwater benefits charges, and that such settlements must be filed with the Commission for its approval, according to the provisions of 18 CFR 385.602, which governs submission of settlement offers. The Settlement Agreement will be for a period of up to five years, beginning ( printed page 29124) August 1, 2026, and effectively serves as an extension of the previous settlement between the parties contained in Section 13 of the 1997 Pacific Northwest Coordination Agreement. The purpose of the Settlement Agreement is to provide the applicants with additional time to develop a longer-term arrangement.

l. Locations of the Application: This filing may be viewed on the Commission's website at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. 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 , for TTY, call (202) 502-8659. Agencies may obtain copies of the application directly from the applicant.

m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

o. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; and (3) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. Any filing made by an intervenor must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 385.2010.

p. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, contact the Office of Public Participation at (202) 502-6595 or .

(Authority: 18 CFR 2.1)

Dated: May 14, 2026.

Carlos D. Clay,

Deputy Secretary.

[FR Doc. 2026-09995 Filed 5-18-26; 8:45 am]

BILLING CODE 6717-01-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 29123

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Notice of Application for Approval of Headwater Benefits Agreement Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests,” thefederalregister.org (May 19, 2026), https://thefederalregister.org/documents/2026-09995/notice-of-application-for-approval-of-headwater-benefits-agreement-accepted-for-filing-soliciting-comments-motions-to-in.