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Hydroelectric Licensing & Compliance

Hydroelectric power project for Idaho Power Company

Representing power company in two-state water quality certification proceedings, under § 401 of the Clean Water Act, associated with relicensing of the 1,200 MW Hells Canyon Complex on the Snake River. (Ongoing) Read more

Regulatory - hydroelectric for Avista

Counsel for hydroelectric licensee in appeal of a Section 401 certification to the Washington Pollution Control Hearings Board. Negotiation of a comprehensive, five-party settlement agreement led to dismissal of the appeal and issuance of a favorable Section 401 certification. (2009)

Regulatory - hydroelectric for Chelan County PUD

Counsel for public utility district in negotiation of a multi-party settlement agreement leading to the issuance by FERC of a 43-year license for the Rocky Reach Hydroelectric Project. (2009)

Litigation for Avista

Counsel for hydroelectric licensee in Avista v. U.S. Bureau of Indian Affairs (trial before a Department of the Interior Administrative Law Judge under Section 241 of the Energy Policy Act of 2005, holding that many factual assertions by Interior in hydroelectric relicensing proceeding were unfounded). (Dept. of the Interior Admin. Law Judge 2007)

Regulatory - hydroelectric for Chelan County PUD

Counsel for public utility district in negotiation of a multi-party settlement agreement leading to the issuance by FERC of a 50-year license for the Lake Chelan Hydroelectric Project. (2006)

Confederated Tribes of the Umatilla Indian Reservation v. Ecology

Defended Chelan County PUD in challenge to Clean Water Act Section 401 Certification against claims of Indian tribes that project failed to provide reasonable assurance of compliance with water quality standards. Prevailed in trial before Pollution Control Hearings Board in widely cited decision. 2004 WL 891949 (Wash. Pollution Control Hearings Bd. 2004)

Hydroelectric licensing and compliance for Chelan County P.U.D. (Wash.)

Counsel for hydroelectric licensee in Confederated Tribes of the Umatilla Indian Reservation v. Ecology (trial before the Washington State Pollution Control Hearings Board, holding that Section 401 of the Clean Water Act does not require strict adherence with numeric water quality criteria). (2004)

Project financing for Alaska Electric Light & Power*

Privatization of a federally owned hydroelectric dam in Alaska, transferring operation and output of the facility to an investor-owned utility using the proceeds of a $100 million tax-exempt bond facility. (1998)
* Denotes experience completed at a prior firm
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