On the continental shelf, FERC says it is the licensing authority but notes that the Dept of the Interior is the managing agent of the territory.
FERC said the move was aimed at clarifying licensing rules following a rehearing over preliminary permits issued on two projects under development by Pacific Gas & Electric (PGE). The projects are Humboldt and Mendocino, and the question of jurisdiction was raised by the Dept of the Interior after FERC issued the permits.
The Commission said its authority over offshore hydrokinetic projects comes from the Federal Power Act (FPA) from the specific permissions to: licence in navigable waters and other bodies of water over which Congress has jurisdiction; and, the Supreme Court’s ruling that the US owns offshore land, which can be classed as ‘reservations’ under the FPA.
FERC added that the Energy Policy Act (2005) did not limit the scope of its authority as claimed by the Dept of the Interior.
In a statement, FERC chairman, Joseph T Kelliher, said he was confident the Commission’s decision ‘puts to rest any questions’ over which body has authority to licence hydro power schemes offshore.
