May 10, 2022

Highlighting Safety Concerns, FERC Assesses $600k Civil Penalty for Hydro Licensee’s Failure to Retain Project Property Rights

On April 21, FERC issued an order finding “that Ampersand Cranberry Lake Hydro, LLC . . . , licensee for the Cranberry Lake Project No. 9685 (Project), violated Article 5 of the project’s license by failing to retain the possession of all project property covered by the license,” and assessing a $600,000 civil penalty. The Commission states that “the...
February 9, 2021

Client Alert: FERC Seeks Comments on Requiring New Financial Assurance Measures for Hydroelectric Projects

FERC recently issued a Notice of Inquiry (“NOI”) on financial assurance mechanisms for hydroelectric projects. In particular, FERC is considering whether to require additional mechanisms to ensure that licensees have the financial resources necessary to be able to safely operate and maintain their projects and to respond to unanticipated events. The NOI identifies three potential financial requirements: a bond...