The Federal Energy Regulatory Commission (FERC) and the State of Washington entered into a Memorandum of Understanding (MOU) for review and licensing of projects in Washington State waters, according to this FERC Press Release dated June 4, 2009. The MOU facilitates coordination between the FERC and Washington state in the FERC licensing process and provides for an “environmentally sensitive regulatory process that that recognizes economic and cultural factors.”
Among other things, the MOU provides that FERC and the state of Washington will notify each other when they become aware of a potential applicant for a preliminary permit, pilot license or license and
agree on a schedule for processing license applications and coordinated environmental review where possible. In addition, if Washington prepares a comprehensive plan on the siting of hydrokinetic projects, FERC will take this plan into consideration when issuing a license for any hydrokinetic project.
Washington is home to the nation’s first successfully licensed wave energy project, the Makah Bay Pilot Project (unfortunately, Finavera has since filed to surrender the license). Presumably, this MOU builds on the experience that the state of Washington and FERC gleaned from that first licensing project.
The Washington State MOU is modeled on an MOU that FERC signed with the state of Oregon over a year ago. Though I supported the MOU and the spirit of federal-state cooperation that it promotes, I wasn’t so sure whether it would make much of a difference in practice. Apparently, FERC believes otherwise or it wouldn’t continue to enter into MOUs. As for me, I’d prefer to see the evolution of a far more structured cooperation for new technologies, including a single joint application for submission to all agencies and establishment of a unified processing schedule and review process and a joint team comprised of representatives from all agencies who would work together on licensing.
My name is Carolyn Elefant, owner of the Law Offices of Carolyn Elefant in Washington D.C. and I do FERC Fights. Whether a matter requires an appeal of a FERC ruling in federal circuit court, a request for rehearing, a vigorous defense in an enforcement action, the pursuit of a refund or general protection of interests in a FERC proceeding, I act as a tenacious, thorough and persistent advocate for my clients.
For more information, contact me at carolynelefant@fercfights.com or loce@his.com
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