Commissioner James Danly Statement
April 22, 2022
Docket No. P-3819-012

I concur with the finding that Sugarloaf Hydro, LLC is qualified to be the licensee for the Sugarloaf Hydroelectric Plant Project.[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 license 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 STS Hydropower, LLC, 179 FERC ¶ 61,044, at P 6 (2022) (STS Hydropower).

[2] See, e.g., Rivers Elec. Co., Inc., 178 FERC ¶ 61,027 (2022) (Danly, Comm’r, concurring in part and dissenting in part).

[3] See STS Hydropower, 179 FERC ¶ 61,038 at PP 7-8.

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