FERC Terminates License for Au Train Hydroelectric Project in Michigan Due to Implied Surrender
FERC terminated the 0.9-megawatt license for the Au Train Hydroelectric Project in Michigan, citing 'implied surrender' due to UP Hydro, LLC's abandonment of operations and ongoing safety violations. The decision, effective December 29, 2025, follows UP Hydro's bankruptcy in 2023 and years of non-compliance with safety regulations, transferring regulatory authority for the dam's decommissioning to Michigan.
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On December 29, 2025, FERC terminated the 0.9-megawatt license for the Au Train Hydroelectric Project (FERC Project No. 10856) in Alger County, Michigan, citing 'implied surrender' due to UP Hydro, LLC's abandonment of good-faith operations. This decision follows years of safety violations, loss of control over project lands, and UP Hydro's bankruptcy in 2023.
FERC noted dam safety issues dating back to 2010 and the licensee's failure to meet compliance deadlines and respond to Commission directives. The termination ends over two decades of federal oversight and transfers regulatory authority to Michigan for the dam's decommissioning.
Comments from Michigan EGLE supported the termination, highlighting safety concerns. FERC concluded that UP Hydro's inaction indicated abandonment, justifying the termination under its regulations. The license termination is effective as of the end of business on December 29, 2025.
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