HEA-24-0053 - In the Matter of Eagle Creek Hydro Power, LLC

On June 13, 2024, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying three appeals by Eagle Creek Hydro Power, LLC (Eagle Creek) relating to the Maintaining and Enhancing Hydroelectricity Incentives Program (Program) authorized by Section 247 of the Energy Policy Act of 2005. DOE denied three applications by Eagle Creek for incentive payments under the Program because the projects in question required approval by the Federal Energy Regulatory Commission (FERC) and Eagle Creek had not provided documentation of FERC authorization. Eagle Creek argued that it was in the process of obtaining FERC authorization for two projects, though it had not yet submitted final applications for approval, and that changed circumstances related to the third project had eliminated the need for FERC authorization. OHA concluded that DOE had not acted arbitrarily or capriciously in denying the applications, and therefore denied the appeals. (OHA Case No. HEA-24-0053)