Sullivan Creek Project to require surrendering of application


Following a rehearing request by American Whitewater, Forest Service and Washington Department of Fish & Wildlife, FERC ruled that the license for this project in Pend Oreille county, WA is still valid. This ruling overturned the previous FERC decision that would have allowed the licensee to simply abandon the project. In the decision released on March 20, 2008, FERC states "Sullivan Creek Project requires licensing and the District must apply to surrender the license." FERC justified its decision by stating that licensees must surrender their application to ensure that project site is left in appropriate condition. The PUD will have to seek for authorization from Forest Service for use of land for any project related activity.This decision has set a precedence that licensees cannot simply walk away from an abandoned project but instead have to provide a plan. For the Sullivan Creek, this rehearing ruling has ensured that the project is not abandoned in a manner that would have negatively impacted the river.