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5 Vt. L. Rev. 279 (1980)
The Role of the Federal Energy Regulatory Commission in Licensing Small Hydroeletric Projects

handle is hein.journals/vlr5 and id is 285 raw text is: THE ROLE OF THE FEDERAL ENERGY REGULATORY COMMISSION IN LICENSING SMALL HYDROELECTRIC PROJECTS Thomas M. Debevoise* INTRODUCTION The Public Utility Regulatory Policies Act of 1978 (PURPA) contains provisions designed to encourage the development of elec- tricity by waterpower, a renewable resource. Since the general rule is that hydroelectric projects require a license for construction and operation from the Federal Energy Regulatory Commission (FERC), interest in the jurisdiction and procedures of that agency has recently increased. This general rule, however, has exceptions, the number of which may be increasing. Additionally, if a license is required, the type and size of the proposed project will determine the requirements which must be met in applying to FERC for the license. PURPA has had no substantial influence in reducing these requirements. This article will discuss these issues to assist the reader in answering the following questions: First, does FERC have jurisdiction over a particular proposed hydroelectric development? Second, if FERC does have jurisdiction, what are the filing require- ments to obtain a license for that particular project? I. JURISDICTION FERC's jurisdiction over hydroelectric projects originated in the Federal Water Power Act of 1920,' now Part I of the Federal Power Act.' The Federal Power Commission (FPC), created by the 1920 Act, became FERC upon the creation of the United States Department of Energy in 1977 with no change in licensing jurisdiction. * Dean, Vermont Law School. 1. Public Utility Regulatory Policies Act of 1978, Pub. L. No. 95-617, 92 Stat. 3117 (1978) (codified in scattered sections of 15, 16, 26, 30, 42, 43 U.S.C.). 2. Federal Water Power Act of 1920, Pub. L. No. 280, 41 Stat. 1063 (1920). 3. 16 U.S.C. §§ 791-828c (1976 & Supp. III 1979). 4. 42 U.S.C. §§ 7171-7177 (Supp. III 1979).