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Publication year - 1992
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1992.tb07332.x
Subject(s) - certification , license , appeal , business , commission , clean water act , executive order , recreation , environmental planning , water quality , environmental protection , law , political science , environmental science , finance , ecology , biology
Bangor Hydro‐Electric Company sought to obtain a new 40‐year operating license for a hydroelectric project on the Penobscot River to replace a license that expired Dec. 31, 1990. Although the Federal Energy Regulatory Commission is the licensing authority under federal law, the state must provide certification of compliance with its water quality standards under the Federal Water Pollution Control Act as a license prerequisite. Several state commissions and the Penobscot Indian Nation expressed concern about plans for anadromous fish passage facilities, the impact on water quality, and recreational access to the river. Although the state Department of Environmental Protection notified Bangor that there was insufficient information for water quality certification and insufficient time to review the submittals before certification would be waived under a federal deadline, Bangor declined to withdraw its application. The state Board of Environmental Protection (BEP) then denied the application. However, on appeal, a trial court ordered it to issue certification. On further appeal, the trial court decision was vacated.