On June 18, 2015, FERC staff ("Staff") provided an
update on its implementation of the Hydropower Regulatory
Efficiency Act of 2013 (the "Act"). Staff stated
that since the Act was signed into law, FERC has approved 43
qualifying conduit facilities – small hydropower projects
that are exempt from FERC licensing requirements – out of 58
proposed facilities, while also granting 15 out of 30 requested
permit extensions. During FERC's open meeting
Commissioner Philip Moeller stated that he requested the update to
bring more attention to the "enormous potential of small
hydropower projects throughout the country."
On August 9, 2013, the Act was signed into law and affected
hydropower development in four different areas. First, the
Act amended the Public Utilities Regulatory Policies Act of 1978 by
increasing the maximum allowable capacity exemptions for existing
hydropower facilities from 5 MW to 10 MW. Second, the Act
exempted 5 MW qualifying conduit facilities from
