When FERC Investigates Your Unlicensed Project: A Five-Point Protection Plan

by Michael A. Swiger, Van Ness Feldman & Curtis, Washington, United States,

Document Type: Proceeding Paper

Part of: Waterpower '91: A New View of Hydro Resources


A FERC investigation into a project's jurisdictional status poses the potential for substantial risks and costs. This paper outlines a 'five-point protection plan' for owners and operators of unlicensed projects potentially subject to FERC jurisdiction. The plan includes the following elements: (1) understand the investigation process; (2) do your homework; (3) respond promptly to FERC deadlines; (4) weigh the costs and benefits of licensing; and (5) be careful not to do something inadvertently to make your project jurisdictional. Based on the plan outlined above, a project owner or operator should be better able to develop a strategy which minimizes risks while maximizing the ability to prevail on the jurisdictional issue. At the very least, such a plan should put the project owner or operator in a better position to achieve a resolution which is acceptable both to the owner or operator and to FERC.

Subject Headings: Project management | Hydro power | Construction costs | Owners | Licensure and certification | Electric power | Power plants | Jurisdiction

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