Today, FERC and MMS issued joint Guidance to further clarify their respective roles in the application and development of hydrokinetic energy projects on the OCS. MMS has jurisdiction to issue leases to these projects and FERC has jurisdiction to issue licenses for these same projects. This Guidance is part of an ongoing effort to clarify each agency's authority and simplify the process for applicants and project developers. This process began in April when DOI and FERC issued a Memorandum of Understanding delineating each agency's responsibilities.
The Guidance follows a "frequently asked questions" (FAQs) format designed to facilitate the process of developing hydrokinetic projects on the OCS. The FAQs are divided into categories, including: general requirements and definitions; provisions for obtaining a lease and license; municipalities and competition; lease and license terms; financial assurance requirements; fee structures; hybrid project considerations; straddle projects; and contact information. Each FAQ provides step-by-step instructions explaining which agency's regulations should be followed throughout the project development process.