HEA-24- 0010 - In the Matter of CS-Canal Hydro

On June 27, 2024, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying an appeal by CS-Canal Hydro, Inc. (Appellant) relating to the Maintaining and Enhancing Hydroelectricity Incentives Program (Program) authorized by Section 247 of the Energy Policy Act of 2005. DOE denied Appellant's application for incentive payments under the Program because the project in question required approval by the Federal Energy Regulatory Commission ( FERC) and Appellant had not provided documentation of FERC authorization. Appellant argued that (1) its FERC license authorized the proposed capital improvement project without needing further FERC approval; (2) it had received a Conditional Construction Authorization from FERC after the close of the application period; and (3) DOE in its Program Guidance indicated that applicants in any stage of the FERC approval process would be eligible. OHA concluded that DOE had not acted arbitrarily or capriciously in denying the application, and therefore denied the appeal. (OHA Case No. HEA-24- 0010, Harmonick)