HEA-24- 0043 - In the Matter of Chittenden Falls Hydropower, Inc

On June 27, 2024, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying an appeal by Chittenden Falls Hydropower, Inc. ( Appellant) relating to the Maintaining and Enhancing Hydroelectricity Incentives Program (Program) authorized by Section 247 of the Energy Policy Act of 2005. DOE denied Appellant's application for incentive payments under the Program because the project in question required approval by the Federal Energy Regulatory Commission (FERC) and Appellant had not provided documentation of FERC authorization. Appellant argued that the terms of its license did not require Appellant to obtain further FERC authorization for the proposed capital improvement 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- 0043, Harmonick)