1. HYDROPOWER Themes: 1. Ongoing interest group conflict over: development vs. environment (universal) public vs. private ownership 2.How the licensing process deals with these conflicts Introduction to administrative process

2. HYDROPOWER When did people first start harnessing hydropower for industrial purposes?

3. HYDROPOWER When did people first start harnessing hydropower for industrial purposes? How do hydroelectric projects work? How do they generate electricity?

5. HYDROPOWER When did people first start harnessing hydropower for industrial purposes? How do hydroelectric projects work? How do they generate electricity? How is hydroelectric development regulated in the United States?

6. HYDROELECTRIC LICENSING TIMELINE 1700s-early 1900s: development of water resources by private mill owners Early 1900s: first development for power; first publicly-owned projects 1935: Modern version of Federal Power Act passed requires federal license to build project NOTE: Federal water projects do not require a license. Many of these projects are publicly-owned (BPA, TVA, etc.)

7. Licensing Process Administered by agency (FERC) Subject to statutory constraints private intervenors agency intervenors/commenters owners (public and private) Decisions appealable within agency and ultimately to the courts: grounds for appeal?

9. HYDROELECTRIC LICENSING TIMELINE 1700s-early 1900s: development of water resources by private mill owners Early 1900s: first development for power; first publicly-owned projects 1935: Modern version of Federal Power Act passed 1944: First Iowa decision (see also CA v. FERC) Who has the last word in the licensing process? What power do other agencies and actors have? How has FERC traditionally resolved environmental conflicts at licensing?

10. Udall v. FPC (1967) 1.What is the basis of this litigation? What (action) is being challenged here, and why? 2.What (allegedly) did the FPC do wrong in this case? 3.Is this a dispute over who gets the license? Whether to issue the license? What are the statutory standards at issue here? Scenic Hudson v. FPC (1965) 1.What action is being challenged? By whom? Why? 2.What is the alleged failure on FPC’s part in this case? 3.What is the statutory standard that governs the FPC’s decision here?

12. Must all hydroelectric projects acquire a license from the FERC? Are there limits to FERC’s hydroelectric licensing jurisdiction? Fairfax County Water Auth. (1988) 1.What is the basis of this dispute? Who is suing who and why? 2.What does the Federal Power Act say about the limit’s of the FERC’s licensing jurisdiction? 3.Must the Authority get a license for these projects? Why or why not?

13. Is FERC’s power to decide environmental issues in the licensing process absolute? FPA Sec. 4(e)  amended by the Energy Policy Act of 2005 ECPA? American Rivers v. FERC (1997) 1.What is the basis of this dispute? Who is suing who and why? 2.What does CWA Sec. 401 say? What does it mean in the context of hydro licensing? 3.Must the Authority get a license for these projects? Why or why not?

18. HYDROELECTRIC LICENSING TIMELINE 1700s-early 1900s: development of water resources by private mill owners Early 1900s: first development for power; first publicly-owned projects 1935: Modern version of Federal Power Act passed 1944: First Iowa decision 1953: Namekagon decision 1960s: Scenic Hudson decision 1969: NEPA 1978: PURPA 1986: ECPA 1997: RELICENSING: Edwards Dam decision - EXERCISE

19. Large hydro vs. small hydro UN commission on dams Displacement of people Cost / benefits analyses, with and without hindsight

20. Hydro Development by Governments How do interest groups assert their interests when the government considers proposed hydroelectric projects? What are the avenues of influence? What does the UN Commission on Dams say about how large dam projects have balanced development and environmental interests? What role do the following factors play? –Wealth / economic conditions of the community/nation (developed vs. developing world) –Political / governmental regime type (democratic vs. other) –Awareness of ecosystem issues: development pre- or post-1970s

21. NEXT CLASS: EXERCISE Issue: Whether to relicense the Hells Canyon Project on the Snake River in Idaho ROLES: FERC Idaho Power American Rivers