HEA-24-0047 - In the Matter of Guadalupe-Blanco River Authority

On July 16, 2024, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying four appeals by Guadalupe -Blanco River Authority (Appellant) relating to the Maintaining and Enhancing Hydroelectricity Incentives Program (Program) authorized by Section 247 of the Energy Policy Act of 2005. DOE's Grid Deployment Office (GDO) determined that Appellant's hydroelectric facilities were ineligible for the Program because Appellant failed to provide documentation demonstrating that the hydroelectric facilities were licensed or had received an exemption from licensing from FERC nor did Appellant provide documentation that its hydroelectric facilities had pre-1920 permits or valid existing rights-of-way. OHA concluded that GDO's determinations that Appellant's hydroelectric facilities were ineligible for the Program were not arbitrary and capricious. OHA therefore denied the appeals. (OHA Case No. HEA-24-0047, Harmonick)