No ‘coordinated scheme' behind Calif's hydroelectric project reviews

(Reuters) - States do not lose their right to impose conditions on federally licensed hydroelectric projects by allowing the applicants to withdraw...

August 5, 2022
11:36 AM

(Reuters) - States do not lose their right to impose conditions on federally licensed hydroelectric projects by allowing the applicants to withdraw incomplete proposals shortly before the state's window to act on them expires, a federal appeals court held.The 9th U.S. Circuit Court of Appeals overturned three orders of the Federal Energy Regulatory Commission, which had found California had waived its one-year right to impose conditions – known as a Section 401 certificate – by engaging in a 'coordinated scheme' with applicants seeking to replace their expired licenses for hydroelectric power projects along the Yuba, Bear and Merced rivers.

Barbara Grzincic