Commissioner James Danly Statement
December 16, 2021
Project No. 2570-033
Order H-4
I concur with the finding that Eagle Creek Racine Hydro, LLC (Eagle Creek Racine) is qualified to be the licensee for the Racine Hydroelectric Project.[1] I dissent in part because, as I stated before,[2] 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] However, because Eagle Creek Racine has stated it will accept an amended license reserving the Commission’s authority,[4] I will not repeat my arguments here.
For these reasons, I respectfully concur in part and dissent in part.
[1] See AEP Generation Res. Inc., 177 FERC ¶ 61,185, at P 6 (2021).
[2] See Hydro Power, Inc., 177 FERC ¶ 61,112 (2021) (Danly, Comm’r, concurring in part and dissenting in part at PP 2-4); Carbon Zero LLC, 176 FERC ¶ 61,189 (2021) (Danly, Comm’r, concurring in part and dissenting in part at PP 2-4); W. Tech. College, 176 FERC ¶ 61,187 (2021) (Danly, Comm’r, concurring in part and dissenting in part at PP 2-4).
[3] See AEP Generation Res. Inc., 177 FERC ¶ 61,185 at P 8.
[4] See Eagle Creek Racine, Response to November 3, 2021 Additional Information Request, Exhibit A, at 4 (Nov. 15, 2021).