On May 24, 2024, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying an appeal by 3RValve relating to the Maintaining and Enhancing Hydroelectricity Incentives Program (Program) authorized by Section 247 of the Energy Policy Act of 2005. DOE determined that 3RValve's facility was ineligible for the Program because 3RValve failed to provide documentation demonstrating that the facility was licensed or had received an exemption from licensing from FERC nor did it provide documentation of a pre-1920 permit or valid existing right-ofway. 3RValve argued that its facility was not required to be licensed by FERC, the facility used functionally equivalent technology to facilities for which a FERC license is required, and denial of its application would stifle innovation. OHA concluded that DOE's determination that 3RValve was ineligible for the Program was not arbitrary and capricious, and therefore denied the appeal. (OHA Case No. HEA-24-0005, Harmonick)
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