HEA-24-0074 - In the Matter of Portland General Electric

On June 21, 2024, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying two appeals by Portland General Electric (PGE) relating to the Maintaining and Enhancing Hydroelectricity Incentives Program (Program) authorized by Section 247 of the Energy Policy Act of 2005. DOE denied two applications by PGE for incentive payments under the Program because the projects in question required approval by the Federal Energy Regulatory Commission ( FERC) and PGE had not provided documentation of FERC authorization. PGE argued that it was in the process of obtaining FERC authorization for one project, and that it obtained FERC approval for the second project after submitting its application to the Program. OHA concluded that DOE had not acted arbitrarily or capriciously in denying the applications, and therefore denied the appeals. ( OHA Case No. HEA-24-0074)