October 2008


1. Hudson River project gets tax credits for additional generation
The Federal Energy Regulatory Commission (FERC) has certified additional electricity generation at the Hudson River hydroelectric project as being renewable energy eligible to receive tax credits.

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Baker project licensed for 50 years

Last Friday, FERC issued a 50-year license to the Puget Sound Energy Inc. for operation of Baker River Hydroelectric Project (P-2150) in Skagit and Whatcom counties, Washington.The license accompanies a Settlement Agreement signed by the licensee, state and federal resource agencies, tribes, counties, and non-governmental groups.


FERC Claims Jurisdiction on Hydrokinetic Projects on the Outer Continental Shelf

Through a press release issued last week, FERC has claimed jurisdiction over hydro projects on the Outer Continental Shelf (OCS), a region within three miles off the ocean shore.FERC asserted that the Federal Power Act (FPA) gives the Commission authority to regulate hydroelectric projects on the OCS while the Energy Policy Act of 2005 (EPAct) intends the Commission to be the lead authority over such projects.


Court: Project does not interfere with religious freedom

In a recent decision (see the attachment below) issued by the US Court of Appeals, a judge decided that Snoqualmine Falls hydroelectric project does not interfere with a local tribe's religious freedom.The Snoqualmie India Tribe considers Snoqualmine Falls that lies within the project boundary to be a sacred site that played a role in the creation of the tribe. It also believes that the mist created by the Falls connects the earth with the heaven.

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