EBC Renewable Energy Program
Low-Impact Hydropower - A New Paradigm
Friday, October 25, 2013
Nutter McClennen & Fish LLP
155 Seaport Blvd
Boston, Massachusetts
The Federal Power Act authorizes the Federal Energy Regulatory Commission to issue
licenses and exemptions for projects within its jurisdiction. That jurisdiction
encompasses over 1,600 hydropower projects at over 2,500 dams. Approximately 71%
of these projects have an installed capacity of 5 megawatts or less.
Testimony of Jeff Wright, Director, Office of Energy Projects, Federal Energy Regulatory
Commission, before the House Energy and Commerce Sub-Committee, May 9, 2012
The imperatives of government to address Climate Change through developing
all forms of local, renewable energy resources have spurred a renewed interest
in small (< 5 MW), low-impact hydropower projects. Recent federal and state
legislative initiatives to streamline and facilitate low impact project development
reflect this renewed interest. These initiatives include creating new structures for
licensing and permitting, providing additional resources to support and promote
small project development, and recognizing that small, low-impact hydropower
projects are very different in their scope and impacts than traditional hydroelectric
generation facilities.
The goals of this EBC Renewable Energy Program are to:
 Provide an overview of how recent changes in law and policy could affect the
development of small, low-impact projects in New England;
 Describe current requirements for federal and state licensing/permitting and how
those requirements could change in light of new regulatory initiatives;
 Present a birds-eye view of an ongoing project-in-development in New England;
 Identify the most pressing needs and concerns of project proponents, project
regulators, and environmental advocates.
Draft Agenda
7:30 a.m.
Registration and Continental Networking Breakfast
8:00 a.m.
Welcome
8:10 a.m.
Introduction and Summary of Recent Legislative Initiatives
 Carol Wasserman, Program Chair and Moderator
Senior Manager Environmental & Regulatory Affairs
Daniel Moon, President and Executive Director EBC
New England Hydropower Company
8:30 a.m.
First Funding Round - Update on Massachusetts Dam Safety and the
Dam and Seawall Repair and Removal Fund established in 2013 and
implemented by the Massachusetts Department of Conservation and
Recreation Office of Dam Safety
 Bill Gode, Mass DCR
8:55 a.m.
Implementing New RPS Policies and Programs for New, Low-Impact
Hydropower Projects
 Dwayne Breger, Mass DOER
9:20 a.m.
New Massachusetts Environmental Regulations: Permits, Pilots, and
Environmental Performance Standards Affecting New, Low-Impact
Hydropower Project Development
 Lealdon Langley, MassDEP
10:00 a.m.
Networking Break
10:30 a.m.
Environmental Issues & Considerations Raised by Low-Impact
Hydropower Development
 Stephen Long, The Nature Conservancy
 Caitlin Peale, CLF
 Russ Cohen, MassDFWELE
11:00 a.m.
Overview of New, Low-Impact Hydropower Project in Development
 Michael Kerr and Sarah Faldetta, New England Hydropower Company
11:30 a.m.
Questions to Presenters
12:00 p.m. Adjourn
PROGRAM CHAIR
Carol Wasserman, Principal
Regulatory and Environmental Affairs
New England Hydropower Company, LLC
(339) 293-3157 // carol@nehydropower.com
Carol Wasserman is a Principal and Senior Manager at New England Hydropower
Company, LLC (NEHC), where she manages the permitting, regulatory policy and
analysis, and environmental compliance group for this developer of innovative, lowimpact hydropower technology. Carol has an extensive background in environmental
and energy law, environmental impact assessment, legislative policy and collaboration.
She takes an interdisciplinary approach to public policy issues and works to build
consensus and achieve positive environmental results for NEHC development
initiatives, municipalities, and natural resource agencies.
For 10 years, Carol was a Principal Scientist at ESS Group, Inc., where her work
encompassed strategic planning and development of renewable energy projects,
including wind, hydrokinetic and biomass projects; environmental policy development
for private and public clients and regional transmission organizations; and
resource plan development and management for state and federal agencies.
Prior to her employment at ESS, Carol served as the Deputy General Counsel for the
Massachusetts Department of Energy Resources, as an Assistant General and
Regional Counsel for the Massachusetts Department of Environmental Protection, as a
Biologist for the Massachusetts Office of Coastal Zone Management, and as a Senior
Assistant Regional Counsel for the U.S. Environmental Protection Agency,
Region One.
Carol received her B.S. from the State University of New York at Stony Brook, her J.D.
from New England Law, her M.S. from Northeastern University, and her M.P.A. from
Harvard’s Kennedy School of Government.
SPEAKERS
Dwayne Breger, Director, Renewable and Alternative Energy Development Division
Massachusetts Department of Energy Resources
100 Cambridge Street, Suite 1020, Boston, MA 02114
(617) 626-7327 // Cell: (413) 218-3985 // dwayne.breger@state.ma.us
Dwayne Breger is the Division Director of Renewable and Alternative Energy
Development at the Massachusetts Division of Energy Resources. DOER implements
energy policies that ensure an adequate supply of reliable, affordable and clean energy
for the businesses and residents of Massachusetts. His division is responsible for the
implementation of the state's Renewable Energy Portfolio Standard. For the past two
years, Dwayne has led with the Department of Conservation and Recreation the MA
Sustainable Forest Bioenergy Initiative which seeks to promote sustainable biomass
energy economic development in the Commonwealth. Dwayne has been actively
engaged with renewable energy for 25 years. He holds a BS in Engineering from
Swarthmore College, an MS in Technology and Policy from MIT, and a PhD in
Resource Economics from UMass Amherst.
Russ Cohen, Rivers Advocate
Riverways Program, Division of Ecological Restoration
Massachusetts Department of Fish and Game
251 Causeway Street, Suite 400, Boston, MA 02114
(617) 626-1543 // russ.cohen@state.ma.us
Russ Cohen works as the Rivers Advocate for the Division of Ecological Restoration in
the MA Dept. of Fish and Game, a position he has held for over two decades. He
provides technical assistance and other help to individuals, groups, businesses and
others in preserving riparian lands, “coldwater” streams, water conservation, riverine
vegetation and establishing and publicizing public access to and along rivers, consistent
with resource protection. Russ was also involved in the drafting of regulations
implementing the hydropower provisions of the Green Communities Act, and has
participated on the external review committee for the Commonwealth Hydro grants
program. He has a bachelor's degree in land use planning from Vassar, and a master’s
degree in Natural Resources and law degree from Ohio State.
Sarah Faldetta
New England Hydropower Company
100 Cummings Center, Suite 438N, Beverly, MA 01915
(508) 494-6248 // Sarah@nehydropower.com
William A. Gode Von Ashe
Massachusetts Department of Conservation and Recreation
(617) 727-0488 // william.gode@dcr.ma.us
Michael Kerr, Co-Founder & Managing Principal
New England Hydropower Company
100 Cummings Center, Suite 438N, Beverly, MA 01915
(978) 360-2547 // Michael@NEHydropower.com
Lealdon Langley, Director
Wetlands and Waterways Program
Massachusetts Department of Environmental Protection
One Winter Street Boston, MA 02108
(617) 574-6882 // lealdon.langley@state.ma.us
Lealdon Langley is the Director of the Wetlands and Waterways Program of the
Massachusetts Department of Environmental Protection where he is responsible for the
statewide implementation of the Wetlands Protection Act, the Public Waterfront Act and
Section 401 of the Clean Waters Act. Lealdon has worked at DEP for over 25 years
having served as Program Director for Watershed Permitting Program overseeing Title
5, the Groundwater Discharge Permit Program, Water Management Act, Residuals and
NPDES; as the Manager of the Water Management Act Program and in the Southeast
Region's Wetlands and Waterways Program. Lealdon holds a B.A. in Biology from
Hendrix College, and studied at the Gulf Coast Research Laboratory. Lealdon holds a
M.A from the Center for Energy and Environmental Studies at Boston University where
he studied environmental science and public policy.
Steve Long
The Nature Conservancy
(617) 227-7017 // slong@tnc.org
Caitlin Peale
Conservation Law Foundation
(617) 350-0990 // Cpeale@clf.org
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