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White & Case LLP

Summary of FERC Meeting Agenda for May 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission’s monthly open meeting to be held on May 15, 2025, pursuant to the sunshine notice released on May 8, 2025. In this issue… - Electric Items -...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on April 17, 2025, pursuant to the sunshine notice released on April 10, 2025. In this issue… -Electric Items ...more

Troutman Pepper Locke

Court Finds FERC Appropriately Evaluated Decision to Retain Dams in License Surrender

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On January 14, 2025, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) held that FERC complied with the National Environmental Policy Act (“NEPA”) in approving the surrender of a hydroelectric project license....more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - August 2024 #3

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

K&L Gates LLP

FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

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In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality...more

Troutman Pepper Locke

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

Spilman Thomas & Battle, PLLC

Currents Energy Industry Insights: V 8, Issue 2, February 2024

Welcome to the second 2024 issue of Currents - our e-newsletter focused on energy topics. Business today is characterized by relentless change. To assist our clients in navigating this dynamic landscape, we pride...more

Troutman Pepper Locke

DOE Pledges Over Half a Billion ‎Dollars to Support ‎Hydroelectric Power and Jump-Start ‎Marine Energy

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Last week, the U.S. Department of Energy (DOE) announced two separate programs that together will award nearly $600 million to fund hydroelectric power and advance marine energy. The DOE will award $554 million through...more

Allen Matkins

Renewable Energy Update - 3.31.23

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Electricity generated from renewables surpassed coal in the United States for the first time in 2022, the U.S. Energy Information Administration (EIA) announced Monday. Renewables also surpassed nuclear generation for the...more

Perkins Coie

FERC Approves License Surrender for the Lower Klamath Project

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The Federal Energy Regulatory Commission issued an order on November 17, 2022, approving the surrender of the FERC license for the Lower Klamath Project. This order authorizes the decommissioning and removal of four...more

Troutman Pepper Locke

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

Troutman Pepper Locke

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

Troutman Pepper Locke

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

Pierce Atwood LLP

FERC Holds Technical Conference to Consider Financial Assurance for Hydropower Projects

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On April 26, 2022 FERC held a Commission staff-led technical conference to discuss whether and, if so, how the Commission should require additional financial assurance mechanisms in the licenses and other authorizations it...more

Morgan Lewis - Power & Pipes

FERC Finalizes Hydropower Dam Safety Requirements

The Federal Energy Regulatory Commission recently issued a final rule, Order No. 880, revising its hydropower project inspection and safety regulations. The updates revise part 12 of FERC’s regulations and conclude an...more

Troutman Pepper Locke

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

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

Troutman Pepper Locke

FERC Floats Financial Assurance Requirements for Hydropower Projects To Ensure Funding for Dam Safety and Environmental...

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The Federal Energy Regulatory Commission (FERC or the Commission) released a Notice of Inquiry (Notice) on January 19, 2021 to solicit public comments on whether FERC should impose financial assurance requirements on...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

Allen Matkins

Renewable Energy Update - August 2020 #4

Allen Matkins on

California power shortfall forces sweeping review of grid reliability strategy - Bullet S&P Global – August 21 - In an August 19 letter to Governor Gavin Newsom, the heads of the California Public Utilities...more

Allen Matkins

Renewable Energy Update - August 2020 #2

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U.S. sitting on 145 GW of unused commercial solar potential, according to new Wood Mackenzie study - Bullet Greentech Media – August 10 - Wood Mackenzie is forecasting a 32 percent drop in commercial solar...more

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

Engineering Guidelines for the Evaluation of Hydropower Projects - Chapter 12 Water Conveyance: Federal Energy Regulatory...

The Federal Energy Regulatory Commission (“FERC”) in an August 13th Federal Register notice announced the availability of a final version of a guidance document titled: Energy Guidelines for the Evaluation of Hydropower...more

Sullivan & Worcester

FERC Energy Storage Rule Creates New Opportunitites For Small, Low-Impact Hydropower Projects

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OVERVIEW - The United States has produced clean, renewable electricity from hydropower for more than 100 years. Today there are approximately 2,500 domestic dams and pumped-storage facilities that provide roughly 100...more

Hogan Lovells

FERC issues update in hydroelectric licensing

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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

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