Appeal Denied, Maintaining and Enhancing Hydroelectricity Incentives Program
Office of Hearings and Appeals
August 6, 2024
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On August 6, 2024, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying an appeal by Central Hudson Gas and Electric Corp. (Central Hudson) relating to the Maintaining and Enhancing Hydroelectricity Incentives Program (Program) authorized by Section 247 of the Energy Policy Act of 2005. DOE denied Central Hudson's application for incentive payments under the Program because the application did not include documentation of a license or exemption from FERC, nor did it provide proof of a pre-1920 permit or valid existing right-of-way. On appeal, Central Hudson sought to amend information in its application and provided a copy of a pre - 1920 permit that it alleged demonstrated its eligibility for the Program. OHA concluded that DOE had not acted arbitrarily or capriciously in denying the application, and therefore denied the appeal. (OHA Case No. HEA-24-0058, Harmonick)