Jennings Strouss' attorneys are experienced in all facets of hydroelectric representation. We understand the complex and political nature of energy regulatory proceedings, including license application phases, pre- and post-licensing environmental consultation and study phases, public hearings, administrative hearings, and issues relating to competing inter-agency interests. We represent clients from the early planning stages to the development, construction, and operation stages.

We coordinate and lead teams of multidisciplinary experts, including engineering, environmental, rate, accounting, and financial consultants. As FERC practitioners, we interact regularly with FERC staff. And, we interact with the United States Army Corps of Engineers on matters that involve work in navigable waterways and management of projects that are located at Corps-managed locks and dams.

Relevant Experience

  • Compliance with applicable sections of the Federal Power Act, the National Environmental Policy Act, the Clean Water Act, the Endangered Species Act, and the National Historic Preservation Act
  • FERC preliminary permitting
  • FERC licensing and relicensing proceedings
  • License transfer proceedings
  • United States Army Corp of Engineers permitting
  • Environmental consultation, study, mitigation and compliance
  • Operations/safety compliance
  • FERC annual charges and headwater benefits assessments
  • Joint project development arrangements
  • Joint ownership and operating arrangements
  • Power purchase and sales contracts
  • Renewable energy credits
  • Administrative and court litigation

Representative Engagements

  • Secured first-in-time status in competitive licensing proceeding.
  • Represented municipal licensee in negotiations to transfer license to municipal joint venture group.
  • Provided counsel concerning compliance and rehabilitation of project facilities following high water breach incident.
  • Prepared preliminary permit applications, and license applications and license amendment applications
  • Secured USACE Section 404 permit applications
  • Secured Water Quality Certificates
  • Environmental, tribal and public consultations/hearings
  • Project counsel for several hydroelectric projects
  • Counseled municipal agency regarding exploration of joint ownership rights of hydroelectric facility