Hydroelectric Generation
Our attorneys provide counseling and state and federal representation regarding licensing and re-licensing applications, license compliance issues and license modification matters. Examples of our representations before FERC include hydro license transfer proceedings and proceedings to modify a project's existing license. We also have represented clients in investigations, such as an investigation into the stability under seismic loading of dams, contingency planning and analysis with respect to the potential disruption of inflows into the impoundments due to earthquake.
Our hydro-related judicial litigation experience is extensive. For example, we have challenged in the United States Court of Appeals and in the United States Supreme Court a FERC decision that the Federal Power Act gives states and municipally-owned applicants a "preference" right to take over hydroelectric projects from private owners at the time projects are relicensed. We have successfully litigated before the New York Court of Appeals the scope of state authority to condition FERC hydroelectric licenses and defended that result in the United States Supreme Court.