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Hydropower - Industry Activities
    April 14, 2008 - FERC staff announces updates to guidance for new hydropower technologies White Paper on hydrokinetic pilot project licensing PDF | Conditioned License FAQ PDF

    March 27, 2008 - FERC, Oregon sign Memorandum of Understanding for Wave Energy Projects News Release | MOU PDF


    Hydrokinetic Projects

    Definition: Projects that generate electricity from waves or directly from the flow of water in ocean currents, tides, or inland waterways.

     

    Process:

    • Anyone seeking to study development of a hydrokinetic project at an identified site should first seek a preliminary permit.
      • Preliminary permits are issued for up to three years.
      • These permits do not authorize construction. Rather, they give the developer priority to study a project at the specified site for the duration of the permit. This is otherwise known as “guaranteed first-to-file status.”
      • Once the preliminary permit has been granted, the permittee must submit reports containing specific information (example of preliminary permit PDF):
        • A schedule of activities and target dates, and
        • Periodic reports on the status of its studies.

    • To apply for a license to construct and operate a hydrokinetic electric generation facility for up to 30 – 50 years, use one of three licensing processes.


    • Eligible developers interested in a short-term license to test new technologies may use the Hydrokinetic Pilot Project Licensing Process.


      Timeline of Commission Actions Related to Hydrokinetics            
      2008     2007       2006   2005 2003 2002  
      August 28, 2008
    FERC staff provides comments on the Minerals Management Service’s Proposed Rule for Alternative Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf PDF
    April 14, 2008
    FERC Staff provides answers to frequently asked questions concerning hydrokinetic pilot project licensing and the conditioned license program Conditioned License FAQ PDF | White Paper on hydrokinetic pilot project licensing PDF
    March 20, 2008
    FERC allows the Makah Bay wave project to move forward Decision PDF
    December 20, 2007
    FERC issued its first license for a hydrokinetic energy project, which will be located in the Pacific Ocean off the coast of Washington State. The license, for the Makah Bay Offshore Wave Pilot Project PDF, includes mitigation measures to protect the environment. The five-year FERC license is conditioned upon Finavera obtaining all necessary authorizations required by federal law before they may begin construction. In the meantime, the company may move forward with those portions of the license that do not require construction (Docket No. P-12751-000).


    November 30, 2007
    FERC issued a policy statement PDF that allows the Commission to issue conditioned licenses for hydrokinetic energy projects under appropriate circumstances. This process is for hydrokinetic projects only. The Commission may issue a project license where it has completed processing an application while other authorizations under federal law remain outstanding. Licenses issued under these circumstances would preclude the developer from starting construction until the licensee has obtained all necessary authorizations required by federal law and filed those with the Commission (Docket No. PL08-1-000).
    October 2, 2007
    Commissioner Moeller, accompanied by Commissioner Wellinghoff and staff, hosted a workshop on the proposed process for hydrokinetic pilot projects. Staff described the proposal and panelist and audience members provided comment. The workshop was followed by a 30-day period for filing written comments (Docket No. AD07-14-000).

    July 19, 2007
    FERC announced that it is developing a licensing process for hydrokinetic pilot projects within existing statutes that can be completed in as few as six months, which provides for FERC oversight and agency input and may lead to a short-term license that allows developers to generate while testing. FERC also announced it will convene a workshop on licensing pilot projects for hydrokinetic technologies to discuss a staff proposal for a process that could complete licensing in as few as six months.
    February 16, 2007
    FERC issued its first preliminary permit using the “strict scrutiny” approach to Reedsport OPT Wave Park PDF for the proposed 50-megawatt Reedsport OPT Wave Project (Docket No. P-12713-000).
    February 15, 2007
    FERC issued a Notice of Inquiry and Interim Statement of Policy PDF seeking comments on three approaches to reviewing and issuing preliminary permits for hydrokinetic energy devices (wave, current, tidal, and instream). The three approaches were: (1) to maintain standard preliminary permit approach; (2) a strict scrutiny approach; or (3) decline to issue preliminary permits. Comments supported using the “strict scrutiny” approach (Docket No. RM07-8-000).
    December 6, 2006
    FERC hosted its first hydrokinetic technical conference to: discuss the status of new hydrokinetic technologies (waves, tidal, current, and instream); explore the environmental, financial, and regulatory issues pertaining to the development of the new technologies; and included participation in the form of panels and open forum with an opportunity for written comments (Docket No. AD07-13-000).
    February 28, 2006
    FERC staff provides comments on the Minerals Management Service’s Advanced Notice of Proposed Rulemaking on Alternate Energy-Related Uses on the Outer Continental Shelf PDF
    April 14, 2005
    FERC determined that Verdant Power’s PDF proposal to test the underwater turbines to determine potential impacts on the environment as well as learn more about the performance of the technology underpinning the company's proposed Roosevelt Island Tidal Energy Hydropower Project did not require a license. A license is not required if: (1) the technology is experimental; (2) the proposed facilities are to be utilized for a short period for the purpose of conducting studies necessary to prepare a license application; and (3) power generated from the test project will not be transmitted into, or displace power from, the national energy grid (Docket No. P-12178-001)
    February 28, 2003
    FERC upheld jurisdictional findings concerning the Makah Bay Ocean Wave Energy Pilot Project PDF concluding that; the Federal Power Act External definition of navigable waters is not confined to streams and rivers; since 1988 the United States has asserted jurisdiction over waters up to 12 nautical miles offshore; and structures that contain equipment for the generation of electric power are powerhouses for the purposes of Section 23(b)(1) of the Federal Power Act External (Docket No. DI02-3-001).
    October 3, 2002
    FERC determined that the Makah Bay Ocean Wave Energy Pilot Power Plant PDF would be required to obtain a license because it would: and be located on a navigable waterway as defined by Section 3(8) of the Federal Power Act External; and be located on a Commerce Clause waterway, entail post-1935 construction, and be connected to the interstate electric grid (Docket No. DI02-3-000).
     
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  Contact Information

Preliminary Permit
Robert Bell
Telephone: 202-502-6062
Email: robert.bell@ferc.gov

Licensing
Edward Abrams
Telephone: 202-502-8773
Email: edward.abrams@ferc.gov

Stephen Bowler
Telephone: 202-502-6861
Email: stephen.bowler@ferc.gov
 

  Additional Information

 


Updated: September 9, 2008