Legal obstacles and incentives to the development of small scale hydroelectric power in Ohio

Technical Report · Thu May 01 04:00:00 EDT 1980

DOI:https://doi.org/10.2172/5198268· OSTI ID:5198268

The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level is described. The Federal government also exercises extensive regulatory authority in the area. The introductory section examines the regulatory system from the standpoint of the appropriate legal doctrine, the law of pre-emption, application of the law to the case of hydroelectric development, and concludes with an inquiry into the practical use of the doctrine by the FERC. A developer must obtain title or interest to a streambed from the proper riparian owners. Ohio provides assistance to an electric company in this undertaking by providing it with the power of eminent domain in the event it is unable to reach a purchase agreement with the riparian proprietors. The Ohio Water Law is discussed in detail, followed by discussions: Licensing, Permitting, and Review Procedures; Indirect Considerations; Ohio Public Utilities Commission; Ohio Department of Energy; Incidental Provision; and Financial Considerations.

• Research Organization: Energy Law Inst., Concord, NH (USA). Franklin Pierce Law Center
• Sponsoring Organization: USDOE
• DOE Contract Number: AS02-78RA04934
• OSTI ID: 5198268
• Report Number(s): DOE/RA/04934-26
• Country of Publication: United States
• Language: English

Related Subjects

13 HYDRO ENERGY
130400* -- Hydro Energy-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
296001 -- Energy Planning & Policy-- Electric Power Generation-- (-1989)
DIAGRAMS
ENERGY SOURCE DEVELOPMENT
FINANCIAL INCENTIVES
FLOWSHEETS
GOVERNMENT POLICIES
GREAT LAKES REGION
HYDROELECTRIC POWER PLANTS
INSTITUTIONAL FACTORS
LEGAL ASPECTS
LOW-HEAD HYDROELECTRIC POWER PLANTS
NORTH AMERICA
OHIO
OWNERSHIP
POWER PLANTS
REGULATIONS
STATE GOVERNMENT
USA
WATER RIGHTS