Waterway: Sheep Cr
On July 1, 2014, FERC ruled that a FERC license was not required for this project. Alaska Electric Light and Power because
- the project does not occupy any public lands or reservations of the United States
- the project does not use surplus water or waterpower from a Federal government dam
- there is insufficient evidence to determine whether Sheep Creek is navigable. However, Sheep Creek is a Commerce Clause stream because it flows into the Gastineau Channel, a navigable water of the United States, and the project will be constructed after August 26, 1935.
The sole remaining question is whether the project will affect the interests of interstate or foreign commerce. The Commission determined that the proposed project would not have a real and substantial effect on anadromous fish and would therefore not affect the interests of interstate or foreign commerce.
Alaska Electric Light and Power, the permit holder, then surrendered the preliminary permit for the project in October 2014 which FERC noticed and effectively terminated on November 7, 2014.
The proposed project would consist of: