Federal Energy Regulatory Commission (FERC)

The Federal Energy Regulatory Commission (FERC) is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil. FERC also reviews proposals to build liquefied natural gas (LNG) terminals and interstate natural gas pipelines as well as licensing hydropower projects including marine hydrokinetic (MHK) projects. FERC issues preliminary permits under Section 4(f) of the Federal Power Act, which grant the permit holder priority to file a license application for a proposed hydropower or marine hydrokinetic project during the permit term. For more information, go to https://www.ferc.gov/licensing/hydrokinetic-projects.

The FERC process applies to sites in state waters, while projects on the Outer Continental Shelf instead proceed under a Marine Minerals Administration (MMA) lease. FERC permitting moves through three stages:

• Pending Preliminary Permit – an application for a preliminary permit has been filed with FERC but not yet acted on. View on the Data Explorer projects with Pending Hydrokinetic Preliminary Permits.
• Preliminary Permit – FERC has issued a preliminary permit under Section 4(f) of the Federal Power Act, giving the developer priority to study a project at the specified site for up to four years. View on the Data Explorer projects with Active Hydrokinetic Preliminary Permits.
• License – FERC has issued a license authorizing construction and operation of a hydrokinetic electric generation facility for up to 30–50 years, under one of three FERC licensing processes. View on the Data Explorer projects with Licensed Marine and Hydrokinetic Projects.

FERC public notices for marine energy projects in state waters across the northeastern US are posted on the Northeast Ocean Data Portal.

Public Notices with Open Comment Periods

DeepGreen Western Passage SPV LLC – Preliminary Permit Application for Subsea Compute & Infrastructure Hub Project

On August 25, 2026, the Federal Energy Regulatory Commission (FERC) issued notice that DeepGreen Western Passage SPV LLC’s preliminary permit application for the proposed DeepGreen Western Passage Subsea-Compute & Infrastructure Hub Project (Project No. 15424-000) was accepted for filing. The project would be located in the Western Passage of the Bay of Fundy in the North Atlantic Ocean near the Town of Eastport, Washington County, Maine, and would include subsea compute pods, a tidal sensing power platform, up to 16 marine hydrokinetic turbine-generator units, and a subsea power-and-fiber cable. Comments, motions to intervene, and competing applications are due October 19, 2026. Individuals may submit a comment via FERC’s eComment system. Motions to intervene, comments filed on behalf of an organization, or filings with attachments require FERC’s eFiling system, which requires a registered eRegistration account.

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Past Public Notices with Closed Comment Periods

Marine Renewable Energy Collaborative of New England, Inc. – Preliminary Permit Issued for Cuttyhunk Test Range Project

On August 18, 2026, the Federal Energy Regulatory Commission (FERC) issued a preliminary permit to Marine Renewable Energy Collaborative of New England, Inc. for the proposed Cuttyhunk Test Range Project (Project No. 15426-000). The project would be located in Vineyard Sound, approximately 2,000 feet off the south coast of Cuttyhunk Island, near the Town of Gosnold, Dukes County, Massachusetts, and would include a wave energy converter structure with buoy, a data acquisition buoy, a three-anchored catenary mooring system, a buried submarine cable, and a shore-based communications hub on Cuttyhunk Island. The permit is effective for 48 months from the effective date or until a license application is accepted for filing, whichever occurs first. The public comment period for this project closed June 29, 2026; the U.S. Department of the Interior filed a timely notice of intervention, and no public comments were received.