Pumped Hydro Storage Project/Little Colorado River: Waterkeeper Challenge/Intervention in Federal Energy Regulatory Commission Proceeding

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Waterkeeper Alliance, Inc., and other organizations (collectively, “Waterkeeper”) filed a Motion to Intervene (“Motion”) in a Federal Energy Regulatory Commission (“FERC”) proceeding.

The challenged project involves a Pumped Hydro Storage, LLC (“Pumped Storage”) application for a preliminary FERC permit for the Navajo Nation Little Colorado River Pumped Storage Project. See Project No. 14994-000.

Waterkeeper moved in the preliminary permit proceeding to intervene and oppose the requested permit.

Waterkeeper states that damming the Little Colorado River on the Navajo Nation at a half-mile outside the Grand Canyon National Park would be inappropriate. The Motion argues that the preliminary permit application should be dismissed for two reasons:

  1. Pumped Storage lacks the required fitness for a preliminary permit and is unlikely to diligently pursue a project it has admitted is speculative and unlikely
  2. Even if the company files a license application it will likely be denied by the FERC

A copy of the Motion can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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