Appeal Denied, Maintaining and Enhancing Hydroelectricity Incentives Program
Office of Hearings and Appeals
June 27, 2024
minute read time
On June 27, 2024, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying an appeal by Green Mountain Power (GMP) relating to the Maintaining and Enhancing Hydroelectricity Incentives Program (Program) authorized by Section 247 of the Energy Policy Act of 2005. DOE denied GMP's application for incentive payments under the Program because the project in question required approval by the Federal Energy Regulatory Commission ( FERC) and GMP had not provided documentation of FERC authorization. GMP argued that a 2022 FERC order authorized the project. OHA concluded that DOE had not acted arbitrarily or capriciously in denying the application, and therefore denied the appeal. (OHA Case No. HEA-24-0008, Harmonick)