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<br />003113 <br /> <br />A final environmental impact statement was issued in January. In addition, <br />DOE evaluated the potential impact of the project on the Pueblo Indians <br />living in the area. <br /> <br />States and Municipalities May Get FERC <br />Preference in Hydro Project Re-Licensing <br /> <br />The FERC announced on June 26 that it has decided that states and municlpalities <br />may receive preference over private companies in the relicensing of hydroelectric <br />projects whose original licenses have expired. <br /> <br />As a result of the ruling, states and municipalities could acquire hydroelectric <br />projects owned by private companies at minimal cost if the Commission determines <br />in relicensing proceedings that their plans to develop and operate the project <br />are equally well adapted to conserve and utilize the water resources of the <br />region in the public interest. <br /> <br />Although the Federal Power Water Act of 1920, which established the hydro- <br />electric licensing responsibilities administered by FERC, gave clear preference <br />to states and municipalities over private companies in the granting of initial <br />licenses, the Act's language regarding preference in relicensing is subject to <br />conflicting interpretations. Since many of the original 50-year licenses <br />begin to expire in the 1970's, the question of whether municipalities and <br />states should be. given preference over the original private company license- <br />holder in relicensing old hydro projects. has become a major issue. <br /> <br />The City of Santa Clara, CA, has filed petition for a license for the <br />Mokelumne River Project in California, now operated by Pacific Gas and <br />Electric Company, .which is asking for a new license. On the basis of the <br />June 26 decision, FERC will have to determine in separate proceedings <br />whether the municipality will receive the license. <br /> <br />A decision to award a private company's project to a state or muqicipality <br />on relicensing must take into account "the public interest in its broadest <br />sense," as determined by FERC. <br /> <br />The Commission's decision would include consideration of physical aqd tech- <br />nical factors as well as broader social impacts such as economic costs and <br />benefits, the distribution of the benefits of hydropower and similar per- <br />tinent potential impacts. All of these would playa role in the Commis- <br />sion's determination as to whether states' and municipalities' plans are <br />equally well adapted to conserve and use the water resources of the region <br />in the public interest. <br /> <br />FERC Announces New Short- <br />Term Incentive Program <br /> <br />The FERC on May 23 announced a short-term incentive program to encourage <br />owners of constructed hydroelectric projects who had deficient license <br />applications to promptly file applications complying with FERC regulations. <br /> <br />C-45 <br /> <br />. <br />