HEA-17-0001 - In the matter of Cube Yadkin Generation, LLC

On January 26, 2018, the Office of Hearings and Appeals (OHA) denied an Appeal from the Department of Energy’s (DOE) determination under the hydroelectric incentive payments program authorized by Section 242 of the Energy Policy Act of 2005. In the Appeal filed by Cube Yadkin Generation, LLC (“Cube Yadkin”) regarding its Narrows Development hydroelectric station, the Appellant challenged DOE’s denial of its application for an incentive payment for the incremental increase in the hydroelectric energy it generated and sold in calendar year 2016 as a result of upgrades to the turbines and related equipment at the Narrows Development. The DOE denied the incentive payment on the grounds that Cube Yadkin did not demonstrate that the Narrows Development met the definition of a “qualified hydroelectric facility” as defined by Section 242 and DOE’s Guidance Document. After review, OHA agreed with DOE’s determination and found that Cube Yadkin was therefore not entitled to an incentive payment. Accordingly, OHA denied the Appeal. OHA Case No. HEA-17-0001