The license for Makah Bay project [1] is the first ever issued by FERC for a wave, tidal or current energy project in the United States. The license gives Finavera Renewables, the project licensee, a conditional five-year license for the proposed project.

This license approval follows a controversial FERC policy on hydrokinetics [2] that allows FERC to approve licenses before adequate analysis of environmental effects of hydrokinetic projects. Several state and federal agencies, individuals and organizations including the HRC had filed comments to FERC regarding the process. FERC announced its policy statement on Nov 30, 2007.

The 5-year license will require Finavera to start construction of the project within two years and complete within three years.