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ARTICLE · 27 MARCH 2018

FERC Finds West Virginia Waived CWA Section 401 Permit Authority For Hydropower Projects

Troutman Pepper Locke LLP
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On March 15, 2018, FERC denied the West Virginia Department of Environmental Protection's ("West Virginia DEP") and the West Virginia Division of Natural Resources' request for rehearing of FERC's...

United StatesEnergy and Natural Resources
Meghan Mandel
Meghan Mandel
Thomas S. DeVita
Thomas S. DeVita
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On March 15, 2018, FERC denied the West Virginia Department of Environmental Protection's ("West Virginia DEP") and the West Virginia Division of Natural Resources' (collectively, "West Virginia") request for rehearing of FERC's issuance of original licenses for two hydroelectric projects to be constructed, owned, and operated by FFP Missouri 15, LLC and FFP Missouri 16, LLC (collectively, "FFP"). Specifically, FERC found that West Virginia waived its certification authority under section 401 of the Clean Water Act ("CWA") by failing to act on the application within one year of receipt.

On February 27, 2014, FFP filed license applications for their Morgantown and Opekiksa Projects. While the Commission was reviewing the application, FFP submitted applications for CWA section 401 water quality certifications for each project from the West Virginia DEP. The West Virginia DEP received the applications on February 12, 2016 and issued section 401 water

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