In a huge victory for decommissioning efforts everywhere, the Federal Energy Regulatory Commission (FERC) issued a declaratory order that supports movement toward the removal of two dams on Fossil Creek in central Arizona. Living Rivers and other groups have been protesting efforts by Arizona Public Service (APS) to renege on an agreement to surrender its operating license for the dams—a critical step toward decommissioning.

APS claimed that, should it surrender its operating license, FERC might then choose to grant the license to a competitor. However, in late December, FERC wrote, “We conclude that there is no compelling reason for allowing another round of relicensing competition. We do not believe it would be in the public interest to initiate a new relicensing procedure when the existing licensee has attempted to resolve matters by seeking a settlement, even if that settlement might lead to the surrender of the license and the removal of project works, including any associated dams.”



FERC followed up its declaratory order with a letter to APS in January stating that, since FERC has resolved the procedural issues, FERC now needs to know APS’ plan and schedule for filing its application to surrender the license to operate the hydroelectric plants. Once surrendered and approved by FERC, decommissioning can commence.