News & Analysis as of

Licensing Rules Federal Energy Regulatory Commission

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

Section 401/Clean Water Act: Federal Appellate Court Addresses Federal Energy Regulatory Commission Licensing Issue

The United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) addressed in a December 20th Opinion an issue involving the Federal Energy Regulatory Commission (“FERC”) licensing process. See...more

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

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

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

Morgan Lewis

FERC Finds That Hydro Investments Could Support Longer New License Terms

Morgan Lewis on

For the first time, FERC has found that significant investments in an existing licensed hydroelectric facility by a licensee will be considered when establishing the license term in a relicensing proceeding, potentially...more

Stoel Rives LLP

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

Stoel Rives LLP on

On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

Hogan Lovells

New legislation streamlines FERC licensing process for pumped storage and non-power dams

Hogan Lovells on

On October 10, 2018, the Senate passed (on a 99-1 vote) S.3021, "America's Water Infrastructure Act of 2018." The bill passed in the House of Representatives in September, and it now awaits President Trump's signature. ...more

Hogan Lovells

FERC streamlines licensing process for pumped storage and other hydroelectric generators

Hogan Lovells on

On October 10, 2018, the Senate passed (on a 99-1 vote) S.3021, "America's Water Infrastructure Act of 2018." The bill passed in the House of Representatives in September, and it now awaits President Trump's signature. Of...more

Hogan Lovells

FERC issues update in hydroelectric licensing

Hogan Lovells on

Federal Energy Regulatory Commission (FERC or Commission) hydropower licensing processes are perennially criticized for how long they take and for the regulatory uncertainty they involve. On October 19, 2017, FERC took one...more

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

Hydropower Policy Modernization Act of 2017 (H.R. 3043): State Organizations' October 5th Letter in Opposition

Three organizations of state environmental officials authored an October 5th letter to Speaker of the United States House of Representatives Paul Ryan and Minority Leader Nancy Pelosi expressing concern with provisions of...more

Akin Gump Strauss Hauer & Feld LLP

FERC May Propose New Licensing Requirements

Commissioners John Norris and Philip Moeller plan to begin developing this month a first-of-its-kind licensing program for traders and other players in FERC-regulated markets. A licensing requirement could give FERC a...more

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