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FERC Hydroelectric Newsletter January 29

Friday, January 29, 2021
FERC Proposes Financial Assurance Measures for Hydropower Licensees
On January 19, 2021, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) inviting comments on whether FERC should require financial assurance measures in hydropower licenses and other authorizations. Triggered by recent public safety events, the NOI explains that a number of hydropower projects are non-operational or out of compliance with the license and the licensees cannot afford to address environmental or safety issues to meet FERC’s standards. Based on concerns that inadequate financing may result in threats to public safety and environmental resources, FERC seeks comments on whether additional measures should be required to ensure hydropower operators have the financial resources needed to operate and maintain their projects over the license term, including under unforeseen circumstances. ....

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Biden Orders Immediate Confrontation of Climate Crisis

Biden Orders Immediate Confrontation of Climate Crisis
On Jan. 20, President Joe Biden signed an executive order entitled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” It establishes the Biden administration’s commitment to immediately work to confront both the causes and impacts of climate change by implementing policy guided by science. The order rolls back many actions taken by the Trump administration to loosen environmental standards and protections and calls on all federal agency heads to review and “consider suspending, revising, or rescinding the agency actions” that may be inconsistent with Biden’s articulated policy. It also effectively recommits the U.S. to the 2015 Paris Climate Accords, a multilateral treaty designed to reduce carbon emissions and address climate change, which President Trump withdrew the U.S. from in 2017. ....

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DOL Issues Final Proxy Voting Rule | Groom Law Group, Chartered

On December 16, the Department of Labor (the “Department”) published its
final regulation addressing the fiduciary duties that apply to proxy voting and the exercise of other shareholder rights in connection with investments held by ERISA-covered plans. 29 CFR §2550.404a-1(e); 85 Fed. Reg. 81658 (Dec. 16, 2020) (the “Final Rule”) (attached). The Final Rule represents several significant changes to the Department’s proposed proxy voting regulation, issued just over three months ago (the “Proposed Rule”). 85 Fed. Reg. 55219 (Sept. 4, 2020). The Department received over 300 written comment letters as well as 6,700 form letter submissions in response to the Proposed Rule.
The Final Rule reiterates the Department’s long-held view that when voting (or not voting) proxies, plan fiduciaries must consider the economic significance of the issue on the plan’s investment. But it explicitly rejects the broader set of considerations that it had previously articulated ....

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