Commissioner James Danly Statement
September 1, 2022
Project No. 2897-052, et al.
I concur with the finding that Dichotomy Power Maine LLC (Dichotomy Maine) and Presumpscot Hydro LLC are qualified to be the licensees for the six projects located on the Presumpscot River.[1] As I have done in recent license transfer orders,[2] I dissent in part because the majority violates the Federal Power Act by amending the licenses to reserve the Commission’s authority to impose financial assurance mechanisms in a transfer proceeding.[3]
For these reasons, I respectfully concur in part and dissent in part.
[1] See Sappi N. Am., Inc., 180 FERC ¶ 61,137, at P 11 (2022).
[2] See, e.g., Rivers Elec. Co., Inc., 178 FERC ¶ 61,027 (Danly, Comm’r, concurring in part and dissenting in part).
[3] See Sappi N. Am., Inc., 180 FERC ¶ 61,137 at P 18. I acknowledge that the transferees stated they will accept this condition as part of the license transfer. See Dichotomy Power Maine LLC December 20, 2021 Filing at 16 (“Dichotomy Maine is aware that the Commission recently approved license transfers with the condition that the Commission reserves the right to require future financial assurance measures from the licensee in order to preserve the safety and well-being of the project facilities. Dichotomy Maine will accept these conditions as part of the license transfer approval in this docket, if the Commission deems it necessary.”).