Update on Makah Bay wave energy project
This past Wednesday (the Washington Department of Ecology (Ecology) appealed a FERC order confirming FERC's ability to issue "conditioned" licenses for ocean, tidal and other new hydrokinetic technology licenses. Ecology filed its petition with the U.S. Court of Appeals for the District of Columbia challenging FERC's decision to issue a conditioned license to Finavera Renewables for its Makah Bay project. For more information, see our past Ocean Law Alerts: Washington Department of Ecology Asks FERC to Rescind Its First Hydrokinetic License and FERC Authorizes Construction of First Hydrokinetic Project.
FERC Issues Updated Pilot Projects Guidance and Conditioned License FAQ for New Hydro Technologies
On Monday, April 14, 2008, FERC issued a 33 page white paper that updates its August 31, 2007 Pilot Project Policy, describing in further detail the Commission's process for obtaining short-term licenses for pilot ocean, tidal and other new hydro technologies (click here to read the FERC white paper).
While the Commission intends most new technologies to follow the Pilot Project process as a way of addressing inherent uncertainties, the guidance does not prevent applicants from seeking long term licenses should they identify other methods of addressing those uncertainties. Continue Reading...
