The Federal Regulatory Energy Commission has issued an order rejecting pleas by the County of Mendocino, Lincoln County, Oregon and Elizabeth Mitchell, a retired attorney living in Fort Bragg who challenged FERC and helped file the two counties” challenges.
FERC proposed a process on Nov. 30 to issue licenses for experimental wave energy devices very quickly, before all permits and environmental reviews have been completed. Those reviews were still required before devices could hit the water, FERC said.
“On December 31, 2007, Elizabeth R. Mitchell; Lincoln County, Oregon; Mendocino County, California; and the Recreational Fishing Alliance filed requests for rehearing, objecting to the views articulated in the Policy Statement and arguing that the Commission should have issued the Policy Statement only after initiating a public notice and comment rulemaking pursuant to section 553 of the Administrative Procedures Act,” FERC wrote in a Wednesday, Jan. 30 statement.
“As has been previously explained, an order is final, and thus subject to rehearing, only when it imposes an obligation, denies a right, or fixes some legal relationship as the consummation of the administrative process. The Policy Statement by itself does not apply to the specific facts of any particular case, nor does it purport to resolve any specific controversy. Therefore, no aggrievement exists and rehearing does not lie. Accordingly, the requests for rehearing of the Commission”s Policy Statement are rejected,” FERC wrote.
Mitchell said Wednesday the challenge and FERC response help create a record as the matters wind their way through the legal-regulatory process.
Noyo Commission
The Noyo Harbor Commission is the latest governmental entity to chime in to the federal wave energy dialogue.
The commission has filed a letter with FERC, opposing a faster process for wave energy permitting.
At a day-long wave energy conference in Fort Bragg Jan. 19, it was mentioned that the Harbor Commission was the only governmental agency of its type in the area and could play an important role in whatever transpires offshore.
The district, which is tasked with maintaining the navigable channel from the ocean to the Noyo River Mooring Basin, points out that Noyo Harbor is the only point of refuge for oceangoing boats between Eureka and San Francisco.
“The Noyo Harbor Commission has serious concerns about the prospect of wave energy devices off our coast. The commission sees threats to navigation, potential loss of fishing grounds, damage to the marine environment, and problems with leaving and entering Noyo Harbor,” the filing states.
The Harbor District, in a filing signed by their attorney, James Larson of Fort Bragg, asks FERC to slow down and consider the opinions of California stakeholders.
“The Noyo Harbor Commission believes the wave energy permitting process should not be accelerated so as to eliminate appropriate environmental reviews and concerns. The Northern California Coast has some of the most productive marine habitats for fishing and marine mammals, and some of the roughest sea conditions anywhere,” the filing states.
