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50% of All FERC Licensed Hydroelectric Projects are Up for Review in the Next 15 Years


WASHINGTON, September 19, 2016 - Over the next 15 years, 50% of all Federal Energy Regulatory Commission (FERC) licensed hydroelectric projects will begin a relicensing process - representing 30% of all the licensed hydroelectric capacity in the United States.

“This concentrated period of relicensing activity could present substantial challenges to existing licensees who currently own and operate hydroelectric projects, as well as significant opportunities for competitors," said Jay Ryan, a partner in Baker Botts' Washington D.C. office.

"It is not well-known that marketplace participants can compete for hydroelectric assets as part of the relicensing process; there is no guarantee that the current licensee will maintain the FERC license necessary to operate the project. Moreover, applicable law enables competitors who wrest a license from an existing owner to potentially pay something less than fair market value for the hydroelectric asset," added Mr. Ryan.

Jay Ryan is available to discuss the implications of competition in the relicensing process both for hydroelectric asset owners and their competitors.

Mr. Ryan is a partner in Baker Botts' Washington D.C. office and an expert in the electric industry. His practice focuses on counseling electric utilities, private equity firms, project developers, hydroelectric owners and operators, and renewable resources on transactional, regulatory and litigation matters.


Baker Botts is an international law firm of approximately 700 lawyers practicing throughout a network of 13 offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology, and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit

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