HEA-23-0001 - In the Matter of The Lower South Fork Hydroelectric Plant

On August 16, 2023, the Office of Hearings and Appeals (OHA) denied an appeal filed by the Lower South Fork Hydroelectric Plant challenging the Department of Energy's (DOE) decision to deny its application for an incentive payment. In its appeal, Lower South Fork asserted that, though it began producing energy for sale in 2012, it did not begin selling energy until 2013, making it eligible for the 2022 round of hydroelectric incentive payments under Section 242 of the Energy Policy Act of 2005. DOE argued that its decision was justified because Lower South Fork did not include the distinction between its energy production and energy sale start dates in its application for the incentive payment . OHA held that DOE's decision was reasonable based on the information included in Lower South Fork's application. Accordingly, the appeal was denied. OHA Case No. HEA-23-0001, Martin)