FERC, DoI spell out offshore hydro licensing powers deal

15 April 2009


Following a truce last month over jurisdiction powers for wave and tidal schemes on the outer continental shelf, the Federal Energy Regulatory Commission (FERC) and the Department of the Interior (DoI) have signed the MoU to help allow projects to push ahead.

Under the deal, FERC holds control of licensing for building and operating hydrokinetic plants on the outer continental shelf. However, it cannot issue preliminary permits.

The Interior's jurisdiction, to be exercised through its Minerals Management Service (MMS), is focused on leases, easements and rights-of-way for hydrokinetic projects. Separately, it has exclusive authority over all aspects of non-hydrokinetic projects, including wind and solar.

FERC must obtain Interior's approval to complete the licensing process. The MoU will require close and effective co-operation between the authorities.

Last month the authorities said that offshore renewable energy was too important to be slowed. The truce followed months of debate over their respective powers over the anticipated boom in offshore renewable energy schemes.

Their settlement last month recognised that hydro power was not specifically covered in the legislative powers granted to DoI for offshore energy developments but recognized its need for involvement.

The agencies instructed that a MoU be drawn up and that task has been quickly completed.




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