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Federal Power Act Hydropower

Troutman Pepper

FERC Establishes New Policy to Reject Hydropower Preliminary Permit Applications Based on Tribal Opposition to Projects Located on...

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At the February 15, 2024, FERC open meeting and in four orders issued the same day, FERC established a new policy governing its issuance of preliminary permits under section 4(f) of the Federal Power Act (“FPA”), pursuant to...more

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Summary of FERC Meeting Agenda for April 2023

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023....more

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Summary of FERC Meeting Agenda for November 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's November 17, 2022 open meeting, pursuant to the sunshine notice released on November 10, 2022. Electric - E-1 – Registration of...more

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Supreme Court of California Finds FERC License Preempts Challenge to FERC Order

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On August 1, the Supreme Court of California upheld a decision by the Court of Appeal, which found that the Federal Power Act (FPA) preempts application of the California Environmental Quality Act (CEQA) when the state is...more

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FERC Denies Interior’s Requirement for Ongoing Species Notifications

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On September 22, the Federal Energy Regulatory Commission (Commission or FERC) issued an order on rehearing (Rehearing Order), denying the U.S. Department of the Interior’s (Interior) request to include a requirement for a...more

Morgan Lewis - Power & Pipes

FERC Issues Penalty for Hydro License Violation

As an example of its renewed focus on dam safety, FERC recently issued an order assessing a $600,000 civil penalty to Ampersand Cranberry Lake Hydro LLC for a violation of Ampersand’s hydro license for the 500 kW Cranberry...more

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FERC Assesses $600,000 Civil Penalty to Hydro Licensee

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On April 21, 2022, FERC issued an order assessing a civil penalty of $600,000 to Ampersand Cranberry Lake Hydro, LLC (“Ampersand”), licensee for the 595 kilowatt (kW) Cranberry Lake Hydroelectric Project in St. Lawrence...more

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Summary of FERC Meeting Agenda for April 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's April 21, 2022 open meeting, pursuant to the sunshine notice released on April 14, 2022....more

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Hydropower Industry Teams With Tribes, Conservation Organizations to Develop Legislative Package for Licensing Reform

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On April 3, representatives of the hydropower industry, Native American tribes, and conservation organizations provided a package of proposed legislative reforms to the Federal Power Act (FPA) to the ranking members of the...more

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Hydropower Licensing/Federal Power Act: Organizations/Native American Tribes Propose Amendments

A number of organizations and Native American Tribes submitted proposed amendments to the Federal Power Act (“FPA”) to the United States Congress and White House for their consideration....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Gross Reservoir and Dam Expansion/Federal Preemption: Denver Water Lawsuit Challenges Boulder County Regulatory Authority

The City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water”) filed a Complaint in the United States District Court for the District of Colorado addressing what it alleges are Boulder...more

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Denver Water Files Complaint in Federal Court, Seeking Preemption of Boulder County Regulation Due to FERC Hydroelectric Project...

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On July 14, 2021, the City and County of Denver, Colorado, acting through its Board of Water Commissioners (“Denver Water”), filed a Complaint in the United States District Court for the District of Colorado, requesting...more

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FERC Revises Filing Requirements for Certain Small Hydroelectric Facilities

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On July 15, 2021, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued a Final Rule amending its regulations pertaining to: (1) the information required to be filed with a notice of intent to construct a...more

Morgan Lewis - Power & Pipes

FERC Issues License to Groundbreaking Wave Energy Testing Facility

FERC issued an original license for a period of 25 years, pursuant to Part I of the Federal Power Act, to Oregon State University (OSU) to construct, operate, and maintain the proposed PacWave South Hydrokinetic Project No....more

Mayer Brown

US Energy Regulator Considers Financial Requirements for Hydropower Projects

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Under the Federal Power Act (FPA), the US Federal Energy Regulatory Commission (“FERC” or “Commission”) licenses and regulates over 1,600 hydroelectric project dams, diversions, and related hydropower facilities....more

Morgan Lewis - Power & Pipes

FERC Issues Notice of Inquiry on Financial Assurance Measures for Hydroelectric Projects

FERC has issued a notice of inquiry inviting comments on potential changes to its regulations requiring financial assurance measures in licenses and other authorizations for hydroelectric projects. As of December 2020, FERC...more

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FERC Meeting Agenda Summary for May 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 21, 2020 meeting, pursuant to the agenda as issued on May 14, 2020. Due to COVID-19 and measures undertaken by government...more

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California Supreme Court Grants Review of Third District Decision Involving FERC Relicensing of State’s Oroville Hydroelectric Dam...

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On December 11, 2019, the California Supreme Court by a 7-0 vote granted the petition for review of Butte and Plumas Counties and the Plumas County Flood Control and Water Conservation District in County of Butte v....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Carbon Pricing/Policy Options: Organizations Submit Joint Request to Federal Energy Regulatory Commission Requesting Technical...

A number of organizations submitted an April 13th document titled Request for Technical Conference or Workshop (“Request”) to the Federal Energy Regulatory Commission (“FERC”) asking that it convene a technical conference or...more

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Summary of FERC Meeting Agenda for March 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's originally scheduled March 19, 2020 meeting, pursuant to the agenda as issued on March 12, 2020. Due to COVID-19 and measures...more

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Summary of FERC Meeting Agenda for February 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s February 20, 2020 meeting, pursuant to the agenda as issued on February 13, 2020. Agenda items E-25 and C-3 have not been summarized...more

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Summary of FERC Meeting Agenda for January 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 23, 2020 meeting, pursuant to the agenda as issued on January 16, 2020. Agenda items E-1, E-2, E-3, E-6, E-7, E-8, E-9, and...more

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Summary of FERC Meeting Agenda for October 17, 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's October 17, 2019 meeting, pursuant to the agenda as issued on October 10, 2019. Agenda items E-5, E-15, and E-23 have not been...more

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Summary of FERC Meeting Agenda for May 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's May 16, 2019 meeting, pursuant to the agenda as issued on May 9, 2019. In this issue: - Electric Items - Miscellaneous Items ...more

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Summary of FERC Meeting Agenda for February 21, 2019

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s February 21, 2019 meeting, pursuant to the agenda as issued on February 14, 2019....more

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