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U.S. Department of Energy
Office of Scientific and Technical Information

Legal obstacles and incentives to the development of small scale hydroelectric projects in Massachusetts

Technical Report ·
DOI:https://doi.org/10.2172/5232912· OSTI ID:5232912

The legal and institutional obstacles to the development of small scale hydroelectric energy at the state level are discussed. The discussion is designed to aid the developer in the determination of which permits, licenses, and laws of the state must be secured or complied with for the development of a project. The Federal government also exercises extensive regulatory authority in the area. 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. Specific sections that follow are: Massachusetts Water Law; Licensing, Permitting, and Review Procedures; Indirect Considerations (by departments); Department of Public Utilities Regulation of Privately Owned Electric Utilities; Massachusetts Municipal Wholesale Electric Company; Miscellaneous Legal Issues Relating to Low-Head Hydroelectric Power; 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:
5232912
Report Number(s):
DOE/RA/04934-24
Country of Publication:
United States
Language:
English