Hydroelectric Licensing Regulations

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Hydroelectric Licensing Regulations
Final Rule July 23, 2003 Federal Energy
Regulatory Commission Office of Energy
Projects Office of the General Counsel
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Final Rule

• Creates a new Integrated Licensing Process
• Process plan Study plan 1 year
• Studies Application development 2 years
• Application processing 1.5 years
• Changes Traditional Process
• Increased public participation
• Adds Pre-application document

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Integrated Licensing Process

• Improves process efficiency by requiring
• Application preparation in conjunction with NEPA
  Scoping
• Coordination with other participants processes
• Increased public participation

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Integrated Licensing Process

• Improves process timeliness by requiring
• Early FERC staff assistance
• Process plan schedule
• Early study plan development informal/formal
  dispute resolution

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Final Rule Transition Timeline
Rule Issued 7/23/2003
Rule Effective 10/23/2003
ILP Default 7/23/2005

• Applicant Choice
• TLP
• ALP
• ILP
• New Application Requirements

• PAD req. for TLP ALP

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New Application Requirements

• New requirements for information that conforms to
  established practice
• Minimum/maximum hydraulic capacity
• Cost to develop license application
• Project boundary information for both licenses
  and exemptions

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Key Aspects of ILP

• Pre-Application Document
• Study Dispute Resolution
• Preliminary Licensing Proposal in place of Draft
  License Application
• Timing of Water Quality Certification Application
• NEPA Cooperating Agency Policy
• Tribal Policy Statement

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Pre-Application Document (PAD)

• Provide participants with available environmental
  information
• Provide basis for
• Issue Identification
• Study Requests
• NEPA Scoping Document
• More summarized info
• Better organization

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Study Dispute Resolution

• Study requestors follow study plan criteria
• Applicant files draft study plan for comment
• Participants meet to informally resolve
  differences
• FERC approves study plan with any needed
  modifications

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Study Dispute Resolution

• Mandatory conditioning agencies may dispute
  approved study plan
• FERC convenes advisory panel
• FERC staff
• Resource Agency staff
• Third panel member
• Applicant provides comments
• Panel convenes technical conf.

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Study Dispute Resolution

• Panel makes finding as to whether study criteria
  are or are not met
• Panel provides finding to FERC Director of Energy
  Projects
• OEP Director makes decision on dispute with
  respect to study criteria and any applicable law
  or FERC policy

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Preliminary Licensing Proposal

• Alternative to Draft License Application
• Contents include
• Project Description
• PME Measures
• Environmental Analysis
• Applicant may file Draft License Application

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Water Quality Certification

• WQC application filed no later than 60 days after
  FERCs Notice of Acceptance and Ready for
  Environmental Analysis

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Cooperating Agency/ Intervenor Policy

• NOPR proposed to change FERC policy by permitting
  intervention by federal agencies cooperating on
  NEPA
• Keep existing policy that federal agencies must
  choose between NEPA Cooperation or intervention

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Tribal Policy Statement

• Commitment to Government-to-Government
  relationship with tribes
• Recognize sovereignty of tribes Commissions
  trust responsibilities
• Staff would initiate early discussions with
  affected Indian tribe(s) to develop consultation
  procedures
• Establish position of Tribal Liaison