FERC Approves Project Utilizing Hydrokinetic Device to Generate Electricity from In-stream Flow of Water

By Steven W. Snarr

December 16, 2008

In an order dated December 13, 2008, the Federal Energy Regulatory Commission (“FERC” or “Commission”) announced its approval of an electric generation project which would utilize a hydrokinetic device to generate electricity from the flow of water coming off the tailrace of an existing dam in the Mississippi River.  The Order Amending License (“Order”) approves the application of the City of Hastings to amend its existing license to operate a dam and related electric generation facilities located on the Mississippi River near the City of Hastings in Minnesota. [City of Hastings, Project No. 4306-017, 125 FERC  ¶ 61,287 (December 13, 2008)]

Two 35-kW hydrokinetic turbines suspended below a 68-foot-wide and 40-foot-long barge floating in the tailrace area of the dam will drive two generating units that will sit atop the barge.  A transmission line will connect to the transmission lines that already serve the dam’s powerhouse.

In approving the project, FERC considered the comments and input of various interveners and governmental agencies, including the Department of the Interior, American Rivers, Trout Unlimited, and American Whitewater.  FERC found that the Environmental Assessment (“EA”) issued by Commission Staff adequately addressed various environmental issues and provided a basis for project approval, subject to certain mitigation measures and requirements.  Various legal requirements under the Clean Water Act, the Endangered Species Act of 1973, the Federal Power Act, and the Fish and Wildlife Coordination Act were considered.  FERC found that by requiring ongoing monitoring of fish entrainment and survival, development of a control plan for certain mussels and implementation of a bird monitoring plan, the project could proceed.  FERC also found that the Department of the Interior’s requirements associated with management of a designated Recreation Area were satisfied by the project with the conditions being required by the Commission.

FERC’s action in approving the amended license for the City of Hastings represents approval of the first installation of a hydrokinetic device at an existing FERC-licensed hydroelectric project.  FERC Chairman, Joseph T Kellilher said, “This is a creative solution to meeting electricity demand using renewable resources.”  Commissioner Philip Moeller said, “I hope this is the first of thousands of similar projects that produce clean and renewable power from in-stream flows at existing dams.”

FERC’s Order represents a positive action being taken by a governmental agency embracing a new technology that relies on renewable resources that will help address the ever-increasing need for additional electric generation capacity.  This should pave the way for additional similar projects associated with other existing dams and related power generation facilities.  It may also open the door to stand-alone electric generation projects that rely upon in-stream water flows as a source for power generation.