In April 2009, the U.S. Department of the Interior (Interior) and Federal Energy Regulatory Commission (FERC) entered into a Memorandum of Understanding (MOU) regarding the development of hydrokinetic and renewable energy projects on the Outer Continental Shelf (OCS). While the MOU resolved a long-standing jurisdictional impasse between the agencies, there remain unresolved regulatory matters regarding the approval and oversight of these emerging technologies. Now that the agencies have resolved the jurisdictional matter and committed to work together on this matter, however, such matters may be further resolved in a manner that would promote development of this vast renewable energy resource.
The federal licensing or relicensing of a hydroelectric project involves long and convoluted processes that can be very daunting. Those who carefully plan and organize a projected licensing effort in a comprehensive manner will face less difficulty. Managers of licensing projects and key decision makers participating on a hydro licensing team need to appreciate the various nuances and challenges they could face through the multi year process in order to adjust their approach as circumstances change through the process.
Each licensing project is unique and each prospective license applicant has a different management structure and company business philosophies. The planned licensing project needs to be adapted to work within these constraints. The size and complexity of the hydro project also can significantly affect the approach and level of effort needed to get the job done. The purpose of this paper is to discuss how to take these variables into consideration when tailoring a licensing organization that is best adapted to suit the situation. The author will draw from his experience to present a variety of large and small licensing project examples.
FERC Commissioner Suedeen Kelly will not be seeking a third term at FERC. President Obama had recently nominated Kelly to her third term but her nomination was pending in the Senate Energy and Natural Resources Committee.
Kelly will continue to serve in the Commission until her replacement is chosen.
Currently on her second term, Kelly has been a FERC Commissioner since December 2004. Kelly is a former law professor at the University of New Mexico School of Law and a former chair of the New Mexico Public Service Commission.
Following a Memorandum of Understanding in April 2009, the Federal Energy Regulatory Commission (FERC) and the Minerals Management Services (MMS) have issued a guidance document that clarifies a lot of the process and jurisdictional questions regarding development of hydrokinetic projects on the Outer Continental Shelf (OCS).Per the MOU, MMS will issue leases for marine and hydrokinetic (MHK) projects in the OCS,