HEA-24-0081 - In the Matter of Seattle City Light

On July 12, 2024, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision granting two appeals by Seattle City Light 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 Seattle City Light for incentive payments under the Program because Seattle City Light did not provide documentation establishing that the hydroelectric facility to which its applications pertained was a qualified hydroelectric facility under the Program. Seattle City Light argued that the Program guidance did not specify documentation it was required to provide to establish that its hydroelectric facility was a qualified hydroelectric facility and that it had complied with all application requirements. OHA concluded that DOE had acted arbitrarily or capriciously in denying the applications, and therefore granted the appeals. (OHA Case No. HEA-24-0081, Harmonick)