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U.S. Department of Energy
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Legal obstacles and incentives to the development of small scale hydroelectric power in Kentucky

Technical Report ·
DOI:https://doi.org/10.2172/5198388· OSTI ID:5198388
The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level are examined. The introductory section examines the dual 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. Additional sections cover acquisition; liability; Department for Natural Resources and Environmental Protection; energy utilities; local regulations; incidental impacts; financial considerations; and sources of information. In Kentucky, many of the impacts have not been implemented with regard to small-scale hydroelectric energy, since in Kentucky most electricity is coal-generated and any hydroelectric power that does exist, is derived from TVA or the Army Corp of Engineer projects.
Research Organization:
Energy Law Inst., Concord, NH (USA). Franklin Pierce Law Center
Sponsoring Organization:
USDOE
DOE Contract Number:
AS02-78RA04934
OSTI ID:
5198388
Report Number(s):
DOE/RA/04934-10
Country of Publication:
United States
Language:
English