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Title: Case studies of the legal and institutional obstacles and incentives to the development of small-scale hydroelectric power. Executive summary

Abstract

This Executive Summary presents observations, conclusions, and recommendations developed from the completion of five (5) case studies of hydroelectric sites at High Falls, Georgia; Traverse City, Michigan; Swanville Lake, Maine; Cornell, Wisconsin; and Maxwell Locks, Pennsylvania. The work was accomplished by the Energy Law Institute of the Franklin Pierce Law Center, Concord, NH, for the National Conference of State Legislatures. The material contained here is, in part, a summary of the five separate reports on the legal and institutional barriers and incentives bearing on the development of each site. It is also a summary of the cumulative impressions of the actual general legal and institutional climate for small-scale hydroelectric development represented by the issues confronting each site. This document provides a general analysis and overview of the significant problems and opportunities for the development of hydroelectric facilities identified in the five full reports. A second Executive Summary is presented on the findings of two case studies of small-scale hydroelectric power at existing dams. The projects reviewed are: six sites in the irrigation system known as the Columbia Basin Project and two sites in the Bull Run watershed which supplies water to the City of Portland, Oregon. Key incentives and impedimentsmore » are identified in these case studies conducted at the University of Washington.« less

Authors:
;
Publication Date:
Research Org.:
Washington Univ., Seattle (USA). Social Management of Technology Program; National Conference of State Legislatures, Denver, CO (USA); Franklin Pierce Law Center, Concord, NH (USA)
OSTI Identifier:
5195121
Report Number(s):
DOE/RA/23220-01
DOE Contract Number:
FG03-78RA23220; AS02-78RA04934
Resource Type:
Technical Report
Country of Publication:
United States
Language:
English
Subject:
20 FOSSIL-FUELED POWER PLANTS; 29 ENERGY PLANNING, POLICY AND ECONOMY; COLUMBIA RIVER BASIN; HYDROELECTRIC POWER; FINANCIAL INCENTIVES; INSTITUTIONAL FACTORS; LEGAL ASPECTS; LOW-HEAD HYDROELECTRIC POWER PLANTS; FEASIBILITY STUDIES; ENERGY SOURCE DEVELOPMENT; GEORGIA; MAINE; MICHIGAN; OREGON; PENNSYLVANIA; SITE SELECTION; WASHINGTON; WISCONSIN; CENTRAL REGION; ELECTRIC POWER; ENERGY SOURCES; GREAT LAKES REGION; HYDROELECTRIC POWER PLANTS; NORTH AMERICA; NORTH ATLANTIC REGION; PACIFIC NORTHWEST REGION; POWER; POWER PLANTS; RENEWABLE ENERGY SOURCES; SOUTHEAST REGION; USA; 200203* - Fossil-Fueled Power Plants- Waste Management- Site Selection & Land Use; 296001 - Energy Planning & Policy- Electric Power Generation- (-1989); 293000 - Energy Planning & Policy- Policy, Legislation, & Regulation

Citation Formats

Schwartz, Larry, and Wilson, William. Case studies of the legal and institutional obstacles and incentives to the development of small-scale hydroelectric power. Executive summary. United States: N. p., 1979. Web. doi:10.2172/5195121.
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Schwartz, Larry, & Wilson, William. Case studies of the legal and institutional obstacles and incentives to the development of small-scale hydroelectric power. Executive summary. United States. doi:10.2172/5195121.
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Schwartz, Larry, and Wilson, William. Thu . "Case studies of the legal and institutional obstacles and incentives to the development of small-scale hydroelectric power. Executive summary". United States. doi:10.2172/5195121. https://www.osti.gov/servlets/purl/5195121.
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@article{osti_5195121,
title = {Case studies of the legal and institutional obstacles and incentives to the development of small-scale hydroelectric power. Executive summary},
author = {Schwartz, Larry and Wilson, William},
abstractNote = {This Executive Summary presents observations, conclusions, and recommendations developed from the completion of five (5) case studies of hydroelectric sites at High Falls, Georgia; Traverse City, Michigan; Swanville Lake, Maine; Cornell, Wisconsin; and Maxwell Locks, Pennsylvania. The work was accomplished by the Energy Law Institute of the Franklin Pierce Law Center, Concord, NH, for the National Conference of State Legislatures. The material contained here is, in part, a summary of the five separate reports on the legal and institutional barriers and incentives bearing on the development of each site. It is also a summary of the cumulative impressions of the actual general legal and institutional climate for small-scale hydroelectric development represented by the issues confronting each site. This document provides a general analysis and overview of the significant problems and opportunities for the development of hydroelectric facilities identified in the five full reports. A second Executive Summary is presented on the findings of two case studies of small-scale hydroelectric power at existing dams. The projects reviewed are: six sites in the irrigation system known as the Columbia Basin Project and two sites in the Bull Run watershed which supplies water to the City of Portland, Oregon. Key incentives and impediments are identified in these case studies conducted at the University of Washington.},
doi = {10.2172/5195121},
journal = {},
number = ,
volume = ,
place = {United States},
year = {Thu Nov 01 00:00:00 EST 1979},
month = {Thu Nov 01 00:00:00 EST 1979}
}
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Technical Report:
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DOI:  10.2172/5195121
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  • The case study concerns two modern human uses of the Columbia River - irrigation aimed at agricultural land reclamation and hydroelectric power. The Grand Coulee Dam has become synonomous with large-scale generation of hydroelectric power providing the Pacific Northwest with some of the least-expensive electricity in the United States. The Columbia Basin Project has created a half-million acres of farmland in Washington out of a spectacular and vast desert. The South Columbia River Basin Irrigation District is seeking to harness the energy present in the water which already runs through its canals, drains, and wasteways. The South District's development strategymore » is aimed toward reducing the costs its farmers pay for irrigation and raising the capital required to serve the remaining 550,000 acres originally planned as part of the Columbia Basin Project. The economic, institutional, and regulatory problems of harnessing the energy at site PEC 22.7, one of six sites proposed for development, are examined in this case study.« less

  • The National Conference of State Legislatures' Small-Scale Hydroelectric Policy Project is designed to assist selected state legislatures in looking at the benefits that a state can derive from the development of small-scale hydro, and in carrying out a review of state laws and regulations that affect the development of the state's small-scale hydro resources. The successful completion of the project should help establish state statutes and regulations that are consistent with the efficient development of small-scale hydro. As part of the project's work with state legislatures, seven case studies of small-scale hydro sites were conducted to provide a general analysismore » and overview of the significant problems and opportunities for the development of this energy resource. The case study approach was selected to expose the actual difficulties and advantages involved in developing a specific site. Such an examination of real development efforts will clearly reveal the important aspects about small-scale hydro development which could be improved by statutory or regulatory revision. Moreover, the case study format enables the formulation of generalized opportunities for promoting small-scale hydro based on specific development experiences. The case study for small-scale hydro power development at the City of Portland's water reserve in the Bull Run Forest is presented with information included on the Bull Run hydro power potential, current water usage, hydro power regulations and plant licensing, technical and economic aspects of Bull Run project, and the environmental impact. (LCL)« less

  • This executive summary describes the relationship of Federal law and regulation to state law and regulation of small-scale hydroelectric facilities. It also highlights important features of the constitutional law, statutory law, case law, and regulations of each of the six New England states. The summary may serve as a concise overview of and introduction to the detailed reports prepared by the Energy Law Institute on the legal and regulatory systems of each of the six states. The dual regulatory system is a function of the federalist nature of our government. This dual system is examined from the standpoint of themore » appropriate legal doctrine, i.e., the law of pre-emption, and the application of this law to the case of hydroelectric development. The regulation of small dams are discussed and flow diagrams of the regulations are presented for each of the six states - Maine, Massachusetts, Vermont, New Hampshire, Vermont, and Connecticut.« less

  • The main report for which this report is the executive summary, DOE/RA--23-216.00.0-01 (see EAPA 5:3929), was published in revised form in March 1979. Also, since that time, Energy Law Institute has produced detailed legal memoranda on obstacles and incentives for each of the 19 states. This executive summary summarizes the findings and observations of the original report. Specific summaries included are: Federal Jurisdiction Over Small-Scale Hydroelectric Facilities; The FERC; The Regulation of Construction in and the Discharge of Dredged, Fill, and Other Materials into the Waters of the US; The Protection of Fish, Wildlife, and Endangered Species; The Preservation ofmore » Historic Places, Archaeological Sites, and Natural Areas; Regulation of the Use of Federal Lands; Federal Dam Construction and Power-Distribution Agencies; Additional Federal Agencies Concerned with Small-Scale Hydroelectric Dams; Federal Tax Devices and Business Structures Affecting Small-Scale Hydroelectric Development; and an Outline of Federal-Assistance programs Available for Small-Scale Hydroelectric Development.« less

  • The relationship of Federal law and regulation to state law and regulation of small-scale hydroelectric facilities is described. Important features of the constitutional law, statutory law, case law, and regulations of each of the 7 mid-western states (Illinois, Indiana, Kentucky, Michigan, Ohio, West Virginia, and Wisconsin) are highlighted. The introductory section examines the dual regulatory system from the standpoint of the appropriate legal doctrine, i.e., the law of pre-emption, and the application of this law to the case of hydroelectric development and regulation of water resources. A state-by-state synopsis of these important provisions of the laws of the states thatmore » have a bearing on small-scale hydroelectric development is presented.« less