FERC Rejects Oologah Lake Dam Hydroelectric Project Over Lack of Due Diligence

The Federal Energy Regulatory Commission (FERC) has rejected the proposed Oologah Lake Dam Hydroelectric Project, citing insufficient documentation of consultation and a lack of due diligence in preparing the pre-application document (PAD). Hybrid Renewables LLC, the project proponent, was informed that the PAD must be rejected and the notice of intent (NOI) must also be rejected. To refile, Hybrid Renewables must correct the deficiencies described in the Commission's regulations.

Key Takeaways:

• The Oologah Lake Dam Hydroelectric Project, proposed by Hybrid Renewables LLC, has been rejected by FERC due to insufficient documentation of consultation and lack of due diligence in preparing the PAD.
• FERC's regulations require applicants to demonstrate due diligence in obtaining relevant information and to provide documentation of consultation with relevant agencies, Indian Tribes, and stakeholders.
• The consultation record submitted by Hybrid Renewables was deemed insufficient, as it only included a list of contacted entities and example consultation letters, but did not provide copies of correspondence or indicate that relevant agencies were contacted to obtain information.
• The project's NOI and PAD were rejected due to the failure to conform to FERC's regulations.
• A copy of the NOI was provided to relevant agencies, but there was insufficient time for them to respond or for Hybrid Renewables to review and incorporate their comments.
• The U.S. Army Corps of Engineers, Tulsa District, filed extensive comments on the PAD, identifying several dam safety, engineering/infrastructure, and operation and maintenance considerations that had not been addressed by Hybrid Renewables.
• Hybrid Renewables filed responses to each of the Corps' comments, but the issue of due diligence and consultation remained unresolved.
• FERC has informed Hybrid Renewables that it must correct the deficiencies in its filing if it intends to refile the NOI and PAD.

Statistics:

• 40 MW: Proposed capacity of the Oologah Lake Dam Hydroelectric Project.
• 15353: Project number assigned by FERC.
• 1: Number of days between the submission of the NOI and the PAD.
• 2025: Year in which the NOI and PAD were submitted.
• 5.6(a)(1) and 5.6(b)(1): Regulations requiring applicants to file a PAD and distribute it to relevant entities.
• 5.6(b)(2) and 5.6(d)(5): Regulations requiring applicants to demonstrate due diligence in obtaining relevant information and to provide documentation of consultation.

Sources:

• FERC (2025) Delegated Order No. D-15353. Document Accession #: 20250723-3003 Filed Date: 07/23/2025.
• FERC (2025) Letter to Hybrid Renewables LLC, Re: Project No. 15353-001 - Oklahoma Oologah Lake Dam Hydroelectric Project. Document Accession #: 20250723-3003 Filed Date: 07/23/2025.
• U.S. Army Corps of Engineers, Tulsa District (2025) Comments on the PAD for the Oologah Lake Dam Hydroelectric Project.