Commissioner James Danly Statement
April 21, 2022
Docket No. P-9685-036

I concur with today’s order assessing Ampersand Cranberry Lake Hydro, LLC (Ampersand) a civil penalty of $600,000 for violating Standard Article 5 of Ampersand’s license.[1]  I write separately to highlight my prior statement for the Show Cause Order in which I explained that licensees cannot thwart their license obligations by forfeiting the property rights necessary to comply with those obligations and how critical it is for the Commission to ensure that licensees have the financial wherewithal (and incentive) to physically maintain their facilities.[2]

For these reasons, I respectfully concur.

 

[1] See Ampersand Cranberry Lake Hydro, LLC, 179 FERC ¶ 61,037 (2022).

[2] Ampersand Cranberry Lake Hydro, LLC, 177 FERC ¶ 61,028 (2021) (Danly, Comm’r, concurring at PP 2-3) (Show Cause Order).

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