HEA-17-0002 - In the Matter of Little River Ranch II

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On January 8, 2018, the Office of Hearings and Appeals (OHA) denied an Appeal from the Department of Energy’s (DOE) determination under the hydroelectric incentive payments program authorized by Section 242 of the Energy Policy Act of 2005 (“Section 242”). In the Appeal filed by AJMS, LLC on behalf of its Littlewood River Ranch II (Littlewood) facility, the Appellant challenged DOE’s denial of its application for an incentive payment for the hydroelectric power it produced and sold in calendar year 2016. After review, OHA determined that Littlewood did not establish that it was entitled to an incentive payment because it did not demonstrate that it met the eligibility requirements for receiving an incentive payment under Section 242 and DOE’s Guidance Document, which sets forth the criteria that DOE uses to make eligibility determinations. Accordingly, OHA denied the Appeal. OHA Case No. HEA-17-0002