Item H-2: Commissioner James Danly Concurring in Part and Dissenting in Part Regarding STS Hydropower, LLC , et al.

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.