HEA-24-0001 - In the Matter of NorthWestern Energy

On December 12, 2023, the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) issued a decision denying an appeal by NorthWestern Corp., dba NorthWestern Energy (NWE) relating to the Hydroelectric Production Incentive Program (Program) authorized by Section 243 of the Energy Policy Act of 2005. DOE determined that NWE was ineligible for the Program because NWE failed to provide required information in its application and in response to a request by DOE for additional information. NWE argued that it had accidentally omitted the information from its application and that DOE's request for information was insufficiently clear to put it on notice as to the nature of the deficiency in its application. OHA determined that DOE's determination that NWE was ineligible for the Program was not arbitrary and capricious, and therefore denied the appeal. ( OHA Case No. HEA-24-0001)