RAPID/Roadmap/7-FD-k

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RAPID

Regulatory and Permitting Information Desktop Toolkit

Federal FERC Integrated Licensing Process (7-FD-k)

The Integrated Licensing Process (ILP) was adopted in 2003 in order to integrate the development of a Federal Energy Regulatory Commission (FERC) licensing application under the Federal Power Act and environmental review under the National Environmental Policy Act (NEPA) and other environmental requirements. The purpose of ILP is to provide an efficient and timely licensing process that ensures appropriate resource protections through coordination of FERC’s processes with those of other federal and state agencies and Indian tribes that have authority to condition FERC licenses. 18 CFR 5.1(e). ILP is the default process for any hydropower licensing proceeding beginning after July 23, 2005. 18 CFR 5.1(f). Under the ILP, FERC and other agencies cooperate in the preparation of the necessary environmental document. 18 CFR 5.1(e). Agencies potentially impacted by the project may attach conditions and prescriptions to the FERC license through specific procedures. The Office of Energy Projects within FERC carries out the licensing process.


FERC Integrated Licensing Process Process

7-FD-k.1 - Notice of Intent and Pre-Application Documents

The developer must file a Notice of Intent with Pre-Application Document to FERC for review. 18 CFR 5.5(a). These documents compile existing information about project impacts on hydrology and other natural resources.

Notice of Intent

The Notice of Intent must contain the following information:

  • The developer’s name and address;
  • The project number, if any;
  • The license expiration date, if any;
  • An unequivocal statement of the developer’s intention to file an application for an original license, or a new or subsequent license;
  • The type of principal project works licensed, if any, such as dam or reservoir, powerhouse, or transmission lines;
  • The location of the project by state, county, and stream, and, when appropriate, by city or nearby city;
  • The installed plant capacity, if any.

18 CFR 5.5(b).

The notice of intent must also include the names and addresses of the following:

  • Every county in which any part of the project is located, and in which any federal facility that is or is to be used by the project is located;
  • Every city, town, or similar political subdivision in which any part of the project is or is to be located and any federal facility that is or is to be used by the project is located, or that has a population of 5,000 or more people and is located within 15 miles of the existing or proposed project dam;
  • Every irrigation district, drainage district, or similar special purpose political subdivision in which any part of the project is located and any federal facility that is to be located, or that owns, operates, maintains, or uses any project facility or any federal facility that is or is proposed to be used by the project;
  • Every other political subdivision in the general area of the project or proposed project that there is reason to believe would be likely to be interested in, or affected by, the notification; and
  • Affected Indian tribes.

18 CFR 5.5(b)(8).

For additional information on the Notice of Intent, including an adequacy review checklist, see the FERC Guidelines webpage.

Pre-Application Document

The Pre-Application Document must describe the existing and proposed (if any) project facilities and operations, provide information on the existing environment, and existing data or studies relevant to the existing environment, and any known and potential impacts of the proposed project on the specified resources. 18 CFR 5.6(c).

Specifically, the Pre-Application Document must include the following:

Process plan and schedule

The developer must include a plan and schedule for all pre-application activities that incorporates the time frames for pre-filing consultation, information gathering, and studies. The plan and schedule must include a proposed location and date for the scoping meeting and site visit. 18 CFR 5.6(d)(1).

Project location, facilities, and operations

The developer must include in the Pre-Application Document:

  • The exact name and business address, and telephone number of each person authorized to act as agent for the applicant;
  • Detailed maps showing lands and waters within the project boundary by township, range, and section, as well as by state, county, river, river mile, and closest town, and also showing the specific location of any federal and tribal lands, and the location of proposed project facilities, including roads, transmission lines, and any other appurtenant facilities;
  • A detailed description of all existing and proposed project facilities and components;
  • A description of the current (if applicable) and proposed operation of the project, including any daily or seasonal ramping rates, flushing flows, reservoir operations, and flood control operations; and
  • A description of any new facilities or components to be constructed, plans for future development or rehabilitation of the project, and changes in project operation.

18 CFR 5.6(d)(2).

Description of existing environment and resource impacts

The developer must, based on the existing, relevant, and reasonably available information, include a discussion with respect to each resource that includes:

  • A description of the existing environment;
  • Summaries (with references to sources of information or studies) of existing data or studies regarding the resource;
  • A description of any known or potential adverse impacts and issues associated with the construction, operation, or maintenance of the proposed project, including continuing and cumulative impacts; and
  • A description of any existing or proposed project facilities or operations, and management activities undertaken for the purpose of protecting, mitigating impacts to, or enhancing resources affected by the project, including a statement of whether such measures are required by the project license, or were undertaken for other reasons.

18 CFR 5.6(d)(3).

The developer must provide all reasonably available information with respect to each of the following resources:

  • Geology and soils;
  • Water resources;
  • Fish and aquatic resources;
  • Wildlife and botanical resources;
  • Wetlands, riparian, and littoral habitat;
  • Rare, threatened and endangered species;
  • Recreation and land use;
  • Aesthetic resources;
  • Cultural resources;
  • Socio-economic resources;
  • Tribal resources; and
  • River basin description.

For further information on what must be included in the Pre-Application document under each resource, see 18 CFR 5.6(d)(3) and the adequacy review checklist on the FERC Guidelines webpage.

Preliminary issues and studies list

Based on the resource description and impacts discussion, the Pre-Application Document must include with respect to each resource area identified above, a list of:

  • Issues pertaining to the identified resources;
  • Potential studies or information gathering requirements associated with the identified issues;
  • Relevant qualifying federal and state or tribal comprehensive waterway plans; and
  • Relevant resource management plans.

18 CFR 5.6(d)(4).

Summary of contacts

The developer must include an appendix summarizing contacts with federal, state, and interstate resource agencies, Indian tribes, non-governmental organizations, or other members of the public made in connection with preparing the Pre-Application Document sufficient to enable FERC to determine if due diligence has been exercised in obtaining relevant information. 18 CFR 5.6(d)(5).

Statement of whether developer is seeking PURPA benefits

The developer must provide a statement of whether or not they will seek benefits under section 210 of Public Utilities Regulatory Policy Act (PURPA). 18 CFR 5.6(e). Under PURPA, the developer of a Qualifying Facility may enjoy certain benefits under federal law including:

  • The right to sell energy or capacity to a utility;

The right to purchase certain services from utilities; and

  • Relief from certain regulatory burdens.

For more information on PURPA, see:

PURPA Qualifying Facility Certification:
7-FD-c

7-FD-k.2 – Initiate 401 Water Quality Certification

Under section 401 of the Clean Water Act (CWA), a federal agency may not issue a license authorizing the construction or operation of a project unless the appropriate state agency first issues a water quality certification for the project or waives certification by failing or refusing to act on a request for certification within a reasonable period of time. 33 USC 1341(a)(1). In order to allow the state agency sufficient time to analyze the impacts of the project on water quality and to meet the deadline for demonstrating compliance with section 401 of the CWA, the developer should request water quality certification from the appropriate state authority early on in the FERC licensing process.

Alaska


In Alaska, the Alaska Department of Environmental Conservation (ADEC) reviews and issues 401 Water Quality Certifications. ADEC reviews hydropower projects filed with the Federal Energy Regulatory Commission (FERC) in accordance with 18 AAC 15.180 and may issue a 401 WQC or waiver. For more information, see: 401 Water Quality Certification:
14-AK-d

California


In California, the California State Water Resources Control Board and the regional water quality control boards implement Section 401 of the Clean Water Act. For more information, see:

401 Water Quality Certification:
14-CA-d

Colorado


In Colorado, the Colorado Department of Public Health and Environment Water Quality Control Division regulates water quality and wetlands through the State’s 401 Water Quality Certification Program. For more information, see:

401 Water Quality Certification:
14-CO-d

New York


In New York, the New York State Department of Environmental Conservation (DEC) Division of Water Resources reviews and issues 401 Water Quality Certifications (WQC).

401 Water Quality Certification:
14-NY-d

Vermont


In Vermont, the Vermont Department of Environmental Conservation regulates water quality and issues 401 Water Quality Certifications pursuant to the Clean Water Act. For more information, see:

401 Water Quality Certification:
14-VT-d

Washington


In Washington, the Washington State Department of Ecology (WSDE) reviews and issues 401 Water Quality Certifications (WQC). The developer must submit a 401 WQC application for any hydropower project requiring a FERC license, license amendment, or re-licensing. Washington currently does not require a 401 WQC for FERC exempted projects. For more information, see:

401 Water Quality Certification:
14-WA-d

7-FD-k.3 - Conduct Necessary Consultations

Before the developer files an application for a license, they must consult with the relevant federal, state, and interstate resource agencies. The developer may request from FERC a list of known appropriate federal, state, and interstate agencies, Indian tribes, and local, regional, or national non-governmental organizations likely to be interested in the license application proceeding. 18 CFR 5.1(d)(2). These agencies may include the following:

  • National Marine Fisheries Service (NMFS);
  • United State Fish and Wildlife Service (FWS);
  • Bureau of Indian Affairs (BIA);
  • National Park Service (NPS);
  • United States Environmental Protection Agency (EPA);
  • The federal agency administering any United States lands utilized or occupied by the project;
  • The appropriate state fish and wildlife agencies;
  • The appropriate state water resource management agencies;
  • The certifying agency or Indian tribe under Section 401(a)(1) of the Federal Water Pollution Control Act (Clean Water Act) 33 USC 1341(c)(1);
  • The agency that administers the Coastal Zone Management Act;
  • Any Indian tribe that may be affected by the project; and
  • Members of the public.

18 CFR 5.1(d).

Examples include the following:

  • Where the project affects historical or cultural resources, consultation with the Advisory Council on Historic Preservation (ACHP) is necessary for compliance with the National Historic Preservation Act (NHPA). In licensing, FERC is bound by the provisions of NHPA, which requires that the effect of the action on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register of Historic Places be considered. ACHP must be given an opportunity to comment on the proposed action, and thus must be included in the pre-filing consultations. FERC Handbook, page B-2.
  • Developers are required to consult with NPS about recreational resources (including land management and aesthetic issues) and historic and archeological values. NPS primarily makes recommendations about recreation access and facilities, instream flows for recreation, and riparian corridor and conservation buffer zone protection. NPS Hydropower Assistance webpage.

In the ILP, pre-filing consultation is conducted concurrently with FERC’s NEPA scoping process. FERC Handbook, page 3-3. The filing of the Notice of Intent and the Pre-Application Document begins pre-filing consultations, and initiates FERC’s scoping and tribal consultation efforts. FERC Handbook, page 3-3.

7-FD-k.4 - Conduct National Historic Preservation Act Section 106 - Resource Survey

Section 106 of the National Historic Preservation Act requires FERC to consult with appropriate state and local officials, Indian tribes, applicants for federal assistance, and members of the public and to consider their views and concerns about the effect of licensing a hydropower project on historic properties within the affected area.

For more information regarding the National Historic Preservation Act (NHPA) requirements, see:

National Historic Preservation Act Section 106 – Resource Survey:
11-FD-a

7-FD-k.5 – Conduct Endangered Species Act Section 7 Consultation Process

Under the Endangered Species Act (ESA) section 7(a)(2), FERC must ensure that any action it authorizes, funds, or implements is not likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of a designated critical habitat. If the project will adversely affect a threatened or endangered species of fish, wildlife, or plant, then the FWS or NMFS may establish reasonable and prudent alternatives (RPA) or measures (RPM). FERC is not required to include the measures in a license, but FERC and the developer may be held liable for any damage to a listed species that results from the license. Due to this, FERC treats RPA or RPM as mandatory conditions included in the license. FERC Handbook, page B-2.

Endangered Species Act Section 7 Consultation Process:
12-FD-c

7-FD-k.6 – Conduct Fish Habitat Assessment

The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), as amended by the Sustainable Fisheries Act of 1996, established procedures to require federal agencies to identify, conserve, and enhance Essential Fish Habitat (EFH) for species regulated under a Fisheries Management Plan (FMP). Under the Magnuson-Stevens Act, federal agencies must consult with the National Oceanic and Atmospheric Administration (NOAA) on all “federal actions” including, all actions proposed, authorized, funded, or undertaken, that may adversely affect EFH (16 U.S.C. § 1855).

Fish Habitat Assessment:
12-FD-i

7-FD-k.7 - Provide Notice of Commencement of Proceeding

FERC must provide notice of commencement of proceeding and scoping document within 60 days of the NOI and Pre-Application documents. 18 CFR 5.8(a).

7-FD-k.8 - Scoping Document 1 and Process Plan

FERC will issue Scoping Document 1 at the same time as the Notice of Commencement and Notice of Scoping Document 1. 18 CFR 5.8(c). Scoping Document 1 will include:

  • An introductory section describing the purpose of the scoping document, the date and time of the scoping meeting, procedures for submitting written comments, and a request for information or study requests from state and federal resource agencies, Indian tribes, non-governmental organizations, and individuals;
  • Identification of the proposed action, including a description of the project’s location, facilities, and operation, and any proposed protection and enhancement measures, and other alternatives to the proposed action, including alternatives considered but eliminated from further study, and the no action alternative;
  • Identification of resource issues to be analyzed in the environmental document, including those that would be cumulatively affected along with a description of the geographic and temporal scope of the cumulatively affected resources;
  • A list of qualifying federal and state comprehensive waterway plans;
  • A list of qualifying tribal comprehensive waterway plans;
  • A process plan and schedule and a draft outline of the environmental document; and
  • A list of recipients.

18 CFR 5.8(c).

The Process Plan incorporates and maximizes coordination of federal, state, and tribal permitting and certification processes with FERC’s licensing process to ensure efficiency. FERC Handbook, page 3-4.

7-FD-k.9 – Provide Notice of Scoping Document 1 and Process Plan

FERC must provide notice of Scoping Document 1 within 60 days of the NOI and Pre-Application documents. 18 CFR 5.8(a).

7-FD-k.10 – Comment on Pre-Application Document, Scoping Document 1, and Process Plan

Any participant may file comments on the Pre-Application Document and Scoping Document 1 within 60 days of the Notice of Commencement. 18 CFR 5.9(a).

Written comments must be accompanied by information needs and study requests, and must include any information and studies needed for consultation under Section 7 of the ESA and 401 water quality certification under the Clean Water Act. Study requests must be based on the following criteria and include an explanation for each:

  • Describe the goals and objectives of each study proposal and the information to be obtained;
  • If applicable, explain the relevant resource management goals of the agencies or Indian tribes with jurisdiction over the resource to be studied;
  • If the requester is not a resource agency, explain any relevant public interest considerations in regard to the proposed study;
  • Describe existing information concerning the subject of the study proposal, and the need for additional information;
  • Explain any nexus between project operations and effects on the resource to be studied, and how the study results would inform the development of license requirements;
  • Explain how any proposed study methodology is consistent with generally accepted practice within the scientific community or, as appropriate, considers relevant tribal values and knowledge; and
  • Describe considerations of level of effort and cost, as applicable, and why any proposed alternative studies would not be sufficient to meet the stated information needs.

18 CFR 5.9(b)

Any comments must state any concerns about the Pre-Application Document’s treatment of existing information about project impacts. Comments must also explain any scheduling concerns in the developer’s Process Plan and recommend appropriate modifications. 18 CFR 5.9(a). Comments on the Pre-Application Document may also include study or information requests. Study requests must include any study which the commenter feels is necessary for the licensing decision. 18 CFR 5.9(a). Comments on Scoping Document 1 must state any concerns about the description and impacts of the project or the alternatives outlined. 18 CFR 5.9(a).

For example, the FWS may provide comments on:

  • Information gathered to date and any remaining information and/or additional studies that still may be required to satisfy Section 7 of the ESA’s consultation requirements;
  • Alternatives to be considered in the biological assessment/evaluation;
  • Impacts to be evaluated;
  • Any conservation measures to be evaluated, and
  • The accuracy of the species list.

FERC ESA Guidelines, page 27.

7-FD-k.11 – Provide Notice of Scoping Meeting and Site Visit

FERC must provide public notice of the scoping meeting and site visit. The notice must be published in the Federal Register. The notice must also be published in a daily or weekly newspaper published in the county or counties in which the project or any part of the project is located or the lands affected by the project are situated, and, as appropriate, tribal newspapers. 18 CFR 5.8(e). FERC must also notify appropriate federal, state, and interstate resource agencies, state water quality and coastal zone management plan consistency certification agencies, Indian tribes, and non-governmental organizations, by electronic means if practical, otherwise by mail. 18 CFR 5.8(e)(3).

7-FD-k.12 – Conduct Scoping Meeting and Site Visit

FERC must conduct a public scoping meeting and site visit of the proposed project site. The purpose of the meeting and visit is to:

  • Initiate issues scoping pursuant to NEPA requirements;
  • Review and discuss existing conditions and resource management objectives;
  • Review and discuss existing information and make preliminary identification of information and study needs;
  • Review, discuss, and finalize the process plan and schedule for pre-filing activity that incorporates the time periods provided for and maximize coordination of federal, state, and tribal permitting and certification processes, including consultation under section 7 of the Endangered Species Act and water quality certification or waiver thereof under section 401 of the Clean Water Act; and
  • Discuss the appropriateness of any federal or state agency or Indian tribe acting as a cooperating agency for development of an environmental document pursuant to NEPA.

18 CFR 5.8(d).

7-FD-k.13 – Proposed Study Plan

The developer is required to file a Proposed Study Plan with FERC within 45 following the deadline for filing comments on the Pre-Application Document, study requests, and requests for information. 18 CFR 5.11(a).

The developer’s Study Plan must include with respect to each proposed study:

  • A detailed description of the study and the methodology to be used;
  • A schedule for conducting the study;
  • Provisions for periodic progress reports, including the manner and extent to which information will be shared; and sufficient time for technical review of the analysis and results; and
  • If the potential developer does not adopt a requested study, an explanation of why the request was not adopted.

18 CFR 5.11(b).

The Study Plan must also include provisions for the initial and updated study reports and meetings. 18 CFR 5.11(c). The developer’s proposed Study Plan must also:

  • Describe the goals and objectives of each study proposal and the information to be obtained;
  • Address any known resources management goals of the agencies or Indian tribes with jurisdiction over the resource to be studied;
  • Describe existing information concerning the subject of the study proposal, and the need for additional information;
  • Explain any nexus between project operations and effects (direct, indirect, and/or cumulative) on the resource to be studied;
  • Explain how any proposed study methodology (including any preferred data collection and analysis techniques, or objectively quantified information, and a schedule including appropriate field seasons and the duration) is consistent with generally accepted practice in the scientific community or, as appropriate, considers any known tribal interests; and
  • Describe considerations of level of effort and cost, as applicable.

18 CFR 5.11(d).

7-FD-k.14 – Scoping Document 2 (if necessary)

FERC may at its discretion publish a Scoping Document 2 within 45 days of the deadline for comments on the Pre-Application Document and Scoping Document 1. Scoping Document 2 is designed to address any timely comments made on Scoping Document 1. 18 CFR 5.10.

7-FD-k.15 – Comment on Proposed Study Plan

Comments on the proposed Study Plan will be accepted for 90 days following issuance of the proposed Study Plan. 18 CFR 5.12. Any comments must include an explanation of any study plan concerns and any accommodations reached with the potential developer regarding those concerns. 18 CFR 5.12. For example, the FWS may recommend new studies necessary to identify potential impacts of the project on fish and wildlife related habitats.

Any request for a new study must be accompanied by a showing of good cause and include statements explaining:

  • Any material changes in the law or regulations applicable to the information request;
  • Why the goals and objectives of any approved study could not be met with the approved study methodology;
  • Why the request was not made earlier;
  • Significant changes in the project proposal or that significant new information material to the study objectives has become available; and
  • Why the new study request satisfies the study criteria in 18 CFR 5.9(b).

18 CFR 5.15.

7-FD-k.16 – Revised Study Plan

The developer must file a revised Study Plan with FERC within 30 days following the deadline for filing comments on the proposed Study Plan. 18 CFR 5.13(a). The revised Study Plan must include the comments on the proposed Study Plan and a description of the efforts made to resolve differences over study requests. If the developer does not adopt a requested study, then the revised Study Plan must explain why the request was not adopted. 18 CFR 5.13(a).

7-FD-k.17 – Comment on Revised Study Plan

Participants may file comments on the revised Study Plan within 15 days following filing of the revised Study Plan. 18 CFR 5.13(b).

7-FD-k.18 – Study Plan Determination

FERC will issue a Study Plan Determination within 30 days following the filing of the revised Study Plan. 18 CFR 5.13(c). The Study Plan Determination includes any modifications of the revised Study Plan FERC deems necessary in light of the record. 18 CFR 5.13(c).

7-FD-k.19 – Is there a Study Dispute?

Any federal agency or Indian tribe with authority may file a study dispute within 20 days of the Study Plan Determination. In order for an agency to file a study dispute, it must have authority to provide mandatory conditions on a license pursuant to Federal Power Act Section 18, or any agency or Indian tribe with authority to issue a water quality certification for the project license under section 401 of the Clean Water Act. The study disputes filed must be with respect to studies pertaining directly to the exercise of their authorities under section 4(e) and 18 of the Federal Power Act or section 401 of the Clean Water Act. 18 CFR 5.14(a).

7-FD-k.20 – Provide Notice of Study Dispute

The disputing agency or tribe’s notice of study dispute must explain how their study request satisfies all criteria for study requests outlined in 18 CFR 5.9(b), and must identify and provide contact information for the panel member designated by the disputing agency or tribe. 18 CFR 5.14(b).

7-FD-k.21 – Convene Dispute Resolution Panels as Necessary

FERC must convene one or more three-person Dispute Resolution Panels within 20 days of a notice of study dispute. 18 CFR 5.14(a). Each panel must consist of:

  • A person from FERC staff who is not otherwise involved in the proceeding, and who will serve as the panel chair;
  • One person designated by the federal or state agency or Indian tribe that filed the notice of dispute who is not otherwise involved in the proceeding; and
  • A third person selected by the other two panelists from a pre-established list of persons with expertise in the resource area.

18 CFR 5.14(d).

7-FD-k.22 – Comment on Study Dispute

The developer may file comments and information regarding the dispute within 25 days following the notice of study dispute. 18 CFR 5.14(i).

7-FD-k.23 – Review Comments and Information Provided by the Panel

FERC will review all the information provided to them by the panel and consider all comments submitted by the developer with respect to the study dispute. 18 CFR 5.14(l).

7-FD-k.24 – Study Dispute Determination

FERC must review and consider the recommendations made by the Dispute Resolution Panels, and must issue a written Study Dispute Determination no later than 70 days from the date of the filing of the notice of study dispute. 18 CFR 5.14(l). The Study Dispute Determination will be considered an amendment to the approved Study Plan. 18 CFR 5.14(l).

7-FD-k.25 – Implement Finalized Study Plan

The potential developer must gather information and conduct studies as provided in the approved Study Plan and schedule. 18 CFR 5.15(a).

7-FD-k.26 – Initial Study Report

The developer must prepare and file with FERC an initial study report describing its overall progress in implementing the study plan and schedule and the data collected, including an explanation of any variance from the study plan and schedule. The report must also include any modifications to ongoing studies or new studies proposed by the developer. 18 CFR 5.15(c). The initial study report must be filed either pursuant to the OEP-approved study schedule or no later than 1 year after FERC approval of the study plan, whichever comes first. 18 CFR 5.15(c).

7-FD-k.27 – Conduct Study Report Meeting

The developer must hold a meeting with the participants and FERC staff to discuss the study results and the developer’s and/or other participant’s proposals to modify the study plan within 15 days following the filing of the initial Study Report. 18 CFR 5.15(c)(2).

7-FD-k.28 – Meeting Summary

The developer must file a Meeting Summary within 15 days following the meeting. The Meeting Summary must include any modifications to ongoing studies or new studies proposed by the developer. 18 CFR 5.15(c)(3).

7-FD-k.29 – Is a Disagreement with the Meeting Summary Filed?

Any participant or the FERC staff may file a disagreement concerning the developer’s Meeting Summary within 30 days. The document must outline the basis for the disagreement and include any modifications to ongoing studies or new studies proposed by FERC staff or other participant. 18 CFR 5.15(c)(4).

If a disagreement is not filed within 30 days, then any proposed amendment must be deemed to be approved. 18 CFR 5.15(c)(7).

7-FD-k.30 – Comment on Disagreement

The developer and other participating agencies may file responses to any disagreement with the Meeting Summary within 30 days of the filing of the disagreement. 18 CFR 5.15(c)(5).

7-FD-k.31 –Resolve Disagreement and Amend Study Plan if Necessary

FERC will resolve the disagreement and amend the Study Plan as necessary no later than 30 days following the due date for responses to the disagreement. 18 CFR 5.15(c)(6).

7-FD-k.32 – Is there an Additional Study Request?

Any participant may request a modified or a new study. A proposed modified study must comply with the study criteria and must also show that approved studies were not conducted as provided for in this approved study plan, or the study was conducted under anomalous environmental conditions or that environmental conditions have changed in a material way. 18 CFR 5.15(d).

Any proposal for a new study must be accompanied by a showing of good cause why the proposal should be approved, and must include a statement explaining:

  • Any material changes in the law or regulations applicable to the information request;
  • Why the goals and objectives of any approved study could not be met with the approved study methodology;
  • Why the request was not made earlier;
  • Significant changes in the project proposal or that significant new information material to the study objectives has become available; and
  • Why the new study request satisfies the study criteria.

18 CFR 5.15(e).

7-FD-k.33 –Conduct New Study (if Necessary)

If FERC determines that a new study should be conducted, or approves a modification to a current study, then the developer must comply with that determination.

7-FD-k.34 – Does the Developer Obtain a Waiver of the Preliminary Proposal Requirement?

The developer may request a waiver of the requirement to file the preliminary license proposal or draft license application. Any decision to issue a waiver will be based on a consensus of the participants in favor of such a waiver. 18 CFR 5.16(f).

7-FD-k.35 – Preliminary License Proposal or Draft License Application

The developer must file for comment a preliminary licensing proposal no later than 150 days prior to the deadline for filing a new or subsequent license application. 18 CFR 5.16(a). The preliminary licensing proposal must:

  • Clearly describe, as applicable, the existing and proposed project facilities, including project lands and waters;
  • Clearly describe, as applicable, the existing and proposed project operation and maintenance plan, to include measures for protection, mitigation, and enhancement measures with respect to each resource affected by the project proposal; and
  • Include the developer’s draft environmental analysis by resource area of the continuing and incremental impacts, if any, of its preliminary licensing proposal, including the results of its studies conducted under the approved study plan.

18 CFR 5.16(b).

Proposed project operation and maintenance plans will include measures and plans to protect, mitigate, or enhance environmental resources such as a Draft Biological Assessment, Essential Fish Habitat Assessment, Historic Properties Management Plan, and a Recreation Management Plan.

The developer may choose to file a draft license application, which includes all the requirements of a license application, in lieu of submitting a preliminary licensing proposal. The developer must notify FERC of their intent to file a draft license application in the updated Study Plan. 18 CFR 5.16(c).

7-FD-k.36 – Comment on License Proposal

Participants and FERC staff may comment on the preliminary licensing proposal or draft license application within 90 days of the date of its filing. 18 CFR 5.16(e). The comments submitted at this stage may include recommendations on whether FERC should prepare and Environmental Assessment (with or without a draft Environmental Assessment) or an Environmental Impact Statement. Any request for new information, studies, or other amendments to the approved study plan must include a demonstration of extraordinary circumstances. 18 CFR 5.16(e).

US Fish and Wildlife Service

FWS will comment on the license proposal to identify potential impacts of the project on fish and wildlife and related habitats. FWS may also comment on the license proposal based on the Endangered Species Act if listed species are likely to be affected by the project. US FWS Hydropower Service Involvement.

For further information on FWS involvement in hydropower licensing see the FWS Hydropower Licensing webpage.

7-FD-k.37 – FERC License Application and Associated Documents

Each application for a license must identify every person, citizen, association of citizens, domestic corporation, municipality, or state that has or intends to obtain and will maintain any proprietary right necessary to construct, operate, or maintain the project. 18 CFR 4.32(a)(1).

Each application for a license must:

  • Identify every county in which any part of the project, and any federal facilities that would be used by the project, would be located;
  • Identify every city, town, or similar local political subdivision: in which any part of the project, and any federal facilities that would be used by the project, would be located; or that has a population of 5,000 or more people and is located within 15 miles of the project dam;
  • Identify every irrigation district, drainage district, or similar special purpose political subdivision: In which any part of the project, and any federal facilities that would be used by the project, would be located; or that owns, operates, maintains, or uses any project facilities or any federal facilities that would be used by the project;
  • Every other political subdivision in the general area of the project that there is reason to believe would likely be interested in, or affected by, the application; and
  • All Indian tribes that may be affected by the project.

18 CFR 4.32(a)(2).

Exhibit E – Environmental Exhibit

FERC has outlined specific format and content requirements for developers to include in Exhibit E in the application. 18 CFR 5.18(b). Exhibit E must include a general description of the river system, including relevant tributaries; give measurements of the area of the basin and length of the stream. Exhibit E must also identify the project’s river mile designation or other reference point, describe the topography and climate, and discuss major land uses and economic activities. 18 CFR 5.18(b)(1). Exhibit E must list cumulatively affected resources based on FERC’s Scoping Document, consultation, and study results. It must discuss the geographic and temporal scope of analysis for those resources. 18 CFR 5.18(b)(2).

The developer’s Exhibit E must include a discussion of the status of compliance with or consultation under the following laws:

Section 401 of the Clean Water Act

Section 401 of the Clean Water Act (CWA) (33 U.S.C § 1251 et seq.) requires developers to demonstrate compliance with the CWA’s water quality certification requirements if the project may result in any discharge into the navigable waters of the U.S.

Endangered Species Act (ESA)

The developer must briefly describe the process used to address project effects on federally listed or proposed species in the project vicinity. Exhibit E must also contain a summary of any anticipated environmental effects on federally listed or proposed species and provide the status of the consultation process. If the developer is FERC’s non-federal designee for informal consultation under the ESA, the developer’s draft biological assessment must be included. 18 CFR 5.18(b)(3)(ii).

Magnuson-Stevens Fishery Conservation and Management Act

Exhibit E must include a document from the National Marine Fisheries Service and/or the appropriate Regional Fishery Management Council outlining any essential fish habitat that may be affected by the project. 18 CFR 5.18(b)(3)(iii).

Coastal Zone Management Act (CZMA)

If the developer’s project is located within a coastal zone boundary or if the project affects a resource located in the boundaries of a designated coastal zone, then the developer must certify that the project is consistent with the state Coastal Zone Management Program. 18 CFR 5.18(b)(3)(iv).

National Historic Preservation Act (NHPA)

Section 106 of NHPA requires FERC to take into account the effect of licensing a hydropower project on any historic properties, and allow the Advisory Council on Historic Preservation a reasonable opportunity to comment on the proposed action. The developer must include documentation of consultation with the Advisory Council, the State Historic Preservation Officer, Tribal Historic Preservation Officer, National Park Service, members of the public, and affected Indian tribes, where applicable. 18 CFR 5.18(b)(3)(v).

Pacific Northwest Power Planning and Conservation Act (Act)

If the developer’s project is within the Columbia River Basin, then the Act will apply. The Columbia River Basin Fish and Wildlife Program developed under the Act requires agencies to consult with federal and state fish and wildlife agencies, appropriate Indian tribes, and the Northwest Power Planning Council during the study, design, construction, and operation of any hydroelectric development in the basin. 18 CFR 5.18(b)(3)(vi).

Wild and Scenic Rivers and Wilderness Acts

The developer must include a description of any areas within or in the vicinity of the proposed project boundary that are included in, or have been designated for study for inclusion in, the National Wild and Scenic Rivers System, or that have been designated as wilderness area, recommended for such designation, or designated as a wilderness study area under the Wilderness Act. 18 CFR 5.18(b)(3)(vii).

The developer must also include in Exhibit E a description of the project’s facilities and operations. The project description must include the following:

  • Maps showing existing and proposed project facilities, lands, and waters within the project boundary;
  • The configuration of any dams, spillways, penstocks, canals, powerhouses, tailraces, and other structures;
  • The normal maximum water surface area and normal maximum water surface elevation (mean sea level), gross storage capacity of any impoundments;
  • The number, type, and minimum and maximum hydraulic capacity and installed (rated) capacity of existing and proposed turbines or generators to be included as part of the project;
  • An estimate of the dependable capacity, and average annual energy production in kilowatt hours (or mechanical equivalent);
  • A description of the current (if applicable) and proposed operation of the project, including any daily or seasonal ramping rates, flushing flows, reservoir operations, and flood control operations.

18 CFR 5.18(b)(4).

For further information on what must be included in Exhibit E, see 18 CFR 5.18(b)(5).

7-FD-k.38 – Make License Available to the Public

The developer must make the license application and all associated documents reasonably available to the public following submission. The developer may make a copy available at their principal place of business or another location more accessible to the public. 18 CFR 5.2(b)(1).

7-FD-k.39 – Provide Notice of Application Tendered for Filing

FERC must provide public notice of the tendering for filing of the application within 14 days of the filing date of the application. 18 CFR 5.19(a). The tendering notice must include a preliminary schedule for expeditious processing of the application, including dates for the following:

  • Issuance of the acceptance for filing and ready for environmental analysis notice;
  • Filing of recommendations, preliminary terms and conditions, and fishway prescriptions;
  • Issuance of a draft EA or EIS, or an EA not preceded by a draft;
  • Filing of comments on the draft EA or EIS;
  • Filing of modified recommendations, mandatory terms and conditions, and fishway prescriptions in response to a draft NEPA document or environmental analysis, if no draft NEPA document is issued;
  • Issuance of a final NEPA document, if any;
  • In the case of a new or subsequent license application, a deadline for submission of final amendments, if any, to the application; and
  • Readiness of the application for FERC’s decision.

18 CFR 5.19(a).

7-FD-k.40 – Review Application for Completeness

FERC will review the application documents to ensure that all the required information is present. The developer may be required to submit any additional information or documents that FERC considers relevant for an informed decision on the application. The information or documents requested must take the form, and must be submitted within the time, that FERC prescribes. 18 CFR 5.21.

7-FD-k.41 – Is the Application Complete?

FERC will notify the developer whether the application is complete within 30 days of the filing date of the application.

7-FD-k.42 to 7-FD-k.43 – Provide Notice of Deficiency of Application

If the developer’s application is deficient, then FERC will provide a notice specifying the deficiencies. The developer will be afforded up to 90 days time to correct the deficiencies. 18 CFR 5.20(a)(2).

7-FD-k.44 – Conduct Substantive Review of Application

FERC must conduct a substantive review of all application materials before the application can be accepted.

7-FD-k.45 – Is the Application Accepted?

FERC may accept an application, or may request further information from the developer. A revised application will be accepted so long as the deficiencies in the application have been corrected.

7-FD-k.46 – Provide Additional Information and Conduct Further Studies if Necessary

FERC may require the developer to submit additional information or documents that FERC considers relevant for an informed decision on the application. If the developer fails to supply information or documents requested by FERC in the allotted time, then FERC may dismiss the application. 18 CFR 4.32(g).

7-FD-k.47 – Provide Notice of Acceptance and Readiness for Environmental Analysis

FERC will issue a Notice of Acceptance and Readiness for Environmental Analysis once it determine that the application meets all filing requirements, the studies have been completed, any deficiencies have been resolved, and no additional information is required. FERC Handbook, page 3-13. This notice solicits comments, protests and interventions, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions. FERC Handbook, page 3-13.


7-FD-k.48 – Comment on Notice of Acceptance and Readiness for Environmental Analysis

Participants may file comments, protests, interventions, and recommendations no later than 60 days after the notice of acceptance and readiness for environmental analysis. 18 CFR 5.23(a).

7-FD-k.49 – Develop Preliminary License Conditions and Recommendations

Any agency responsible for developing mandatory terms, conditions or prescriptions for a FERC license, or issuing recommendations to FERC for a FERC license, must provide these terms, conditions, prescriptions or recommendations in the agency’s initial comments filed on the draft application. Agencies and the public may comment no later than 60 days following public notice of the draft application. These agencies will include those acting pursuant to the following:

FPA Section 4(e)

Where the project will be located on a federal reservation, the federal agency responsible for managing that land can file conditions to protect the reservation, and these conditions are required to be included in any license issued.

For example, The Forest Service (FS) may require that a license for a project occupying lands or waters of a National Forest include those conditions necessary to assure the protection and use of the affected resources. United States Department of the Interior Memorandum M-37005. A national forest is considered a “reservation” for purposes of FPA Section 4(e), and FS is authorized to impose mandatory conditions on the project license. 16 USC 796(2).

FPA Section 10(a)

FERC must ensure that the project is best adapted to a comprehensive plan for developing the waterway for beneficial public purposes.

For example, The NPS has submitted the Nationwide Rivers Inventory as a comprehensive plan with FERC. NPS may then submit conditions to FERC for consideration under FPA Section 10(a) to ensure that the project is best adapted to the Nationwide Rivers Inventory. FERC List of Comprehensive Plans.

FPA Section 10(j)

The U.S. Fish and Wildlife Service (FWS), the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service]] (NOAA Fisheries), and state fish and wildlife agencies will develop preliminary conditions for inclusion in the license pursuant to section 10(j) of the Federal Power Act.

The agencies are responsible for filing any preliminary fish and wildlife recommendations, prescriptions, conditions, and comments, to be submitted in final form after the filing of the application. FERC Handbook, page 5-5. FERC will include these measures unless it finds them inconsistent with the FPA or other applicable law. FERC likely could avoid 10(j) disputes if the ALP application contains consensus for the proposed protection, mitigation, and enhancement measures. FERC Handbook, page 4-14.


FPA Section 18

The Secretaries of Commerce and the Interior can prescribe mandatory fishways at licensed projects, and those conditions are required to be included in any license issued.

For example, the NMFS may require acceptable fishway prescriptions to safeguard certain species of fish from changes in waterflow that degrade their habitat. NOAA Hydropower and Fish Passage webpage.

FERC Handbook, page 1-4.

Agency Conditions and Recommendations

  • Bureau of Indian Affairs
    • The Bureau of Indian Affairs (BIA) typically issues FPA section 4(e) conditions or 10(a) recommendations, as appropriate, where a project is located on tribal lands, a tribe has an interest in the area where the project is located, or a project may interfere with the purpose of a reservation. The BIA may also participate by engaging with fish and wildlife agencies responsible for developing section 10(j) recommendations.

Bureau of Indian Affairs - FERC License Conditions and Recommendations-
7-FD-l

  • Bureau of Reclamation
    • The Bureau of Reclamation (BOR) typically issues FPA section 4(e) conditions or 10(a) recommendations, as appropriate, for projects that are located on or may otherwise affect a BOR facility.

Bureau of Reclamation - FERC License Conditions and Recommendations-
7-FD-n

  • National Park Service
    • The National Park Service (NPS) typically issues FPA section 4(e) conditions or 10(a) recommendations, as appropriate, for projects that are located on federally-reserved NPS lands, projects that may affect NPS-managed lands, and projects that may affect recreational interests in non-NPS lands.

National Park Service - FERC License Conditions and Recommendations-
7-FD-q

  • U.S. Forest Service
    • The United States Forest Service (USFS) typically issues FPA section 4(e) conditions or 10(a) recommendations, as appropriate, where projects are located on National Forest Service lands or may adversely affect National Forest System resources.

U.S. Forest Service- FERC License Conditions and Recommendations-
7-FD-s

State Fish and Wildlife Agencies

California


The California Department of Fish & Wildlife (CDFW) is California’s state agency dedicated to the conservation, protection, and management of fish, wildlife, and native plant species, and the habitat necessary to support biologically sustainable populations of those species. California Department of Fish and Wildlife: Federal Energy Regulatory Commission (FERC) Hydroelectric Projects. The CDFW participates in the FERC licensing process by (in addition to consulting with other federal, state, and tribal resource management agencies involved in the FERC licensing process, such as the California State Water Resources Control Board (SWRCB)) reviewing proposed hydropower projects and issuing to FERC either mandatory terms and conditions or a defensible set of recommendations designed to protect, mitigate damage to, and enhance fish and wildlife resources. 16 USC 803. For more information, see:


State Fish and Wildlife License Conditions and Recommendations:
12-CA-a (1)

Colorado


The Colorado Parks and Wildlife (CPW) is the state agency charged with the management of Colorado’s wildlife and wildlife areas. The CPW participates in the FERC licensing process by (in addition to consulting with other federal, state, and tribal resource management agencies involved in the FERC licensing process) reviewing proposed hydropower projects and issuing to FERC either mandatory terms and conditions or recommendations designed to protect, mitigate damage to, and enhance fish and wildlife resources. 16 USC 803. The Colorado Wildlife Commission encourages an approach that (considering the potential impacts to wildlife, wildlife habitat, and the potential for habitat fragmentation) balances energy development with wildlife conservation. Colorado Wildlife Commission Policy: Energy Development in Colorado.

State Fish and Wildlife License Conditions and Recommendations:
12-CO-a (2)

New York

The New York State Department of Environmental Conservation (DEC) is the state agency charged with the management of New York’s fish, wildlife, and marine resources. The New York Division of Fish, Wildlife, and Marine Resources (DFWMR), a division of the DEC, participates in the FERC licensing process by (in addition to consulting with other federal, state, and tribal resource management agencies involved in the FERC licensing process) reviewing proposed hydropower projects and issuing to FERC either mandatory terms and conditions or recommendations designed to protect, mitigate damage to, and enhance fish and wildlife resources. 16 USC 803. For more information, see:

State Fish and Wildlife License Conditions and Recommendations:
12-NY-a

Vermont


The Vermont Agency of Natural Resources (ANR) is Vermont’s state agency with primary responsibility for protecting Vermont’s environment, natural resources and wildlife. ANR actively participate in FERC licensing and exemption processes by (in addition to consulting with other resource management agencies and reviewing Water Quality Certification applications) working collaboratively to issue to FERC mandatory conditions or recommendations designed to protect, mitigate damage to, and enhance Vermont’s fish and wildlife resources. 16 USC 803. ANR reviews the potential impacts on fish or wildlife species from a proposed hydropower project and issues conditions and recommendations.

State Fish and Wildlife License Conditions and Recommendations:
12-VT-a

7-FD-k.50 – Submit Preliminary Conditions and Prescriptions

Following development of conditions, the agency must then submit these conditions or recommendations to FERC.


7-FD-k.51 – Demonstrate Compliance with 401 Water Quality Certification

The developer must demonstrate compliance with the CWA’s water quality certification requirements. Within 60 days from the date FERC issues the notice of readiness for environmental analysis, the developer must file:

  • A copy of the water quality certification;
  • A copy of the request for certification, including proof of the date on which the certifying agency received the request; or
  • Evidence of waiver of water quality certification. 18 CFR 4.34(b)(5)(i).


7-FD-k.52 – Is an Environmental Assessment or Environmental Impact Statement Required?

Pursuant to the National Environmental Policy Act (NEPA), FERC must publish an environmental document outlining the environmental impacts that will result from their licensing decision that may have a significant impact on environmental quality. FERC will, based on all information gathered through the licensing process, determine whether an Environmental Impact Statement or an Environmental Assessment is necessary.

7-FD-k.53 – Is a Draft EA Required by FERC?

FERC will determine whether the EA must be published first in draft form. 18 CFR 5.24(a).

7-FD-k.54 – Draft EA or EIS

FERC must issue the draft EA or EIS for comment no later than 180 days from the date responses are due to the Notice of Acceptance and Readiness for Environmental Analysis. 18 CFR 5.25(a). The draft EA must include the following:

  • Draft license articles;
  • A preliminary determination of the consistency of each fish and wildlife agency recommendation made pursuant to section 10(j) of the FPA with the purposes and requirements of the FPA and other applicable law; and
  • Any preliminary mandatory terms and conditions and fishway prescriptions.

18 CFR 5.25(b).

7-FD-k.55 to 7-FD-k.56 – Publish Notice of Draft EA or EIS

FERC must provide public notice of the draft EA or EIS. The draft EA will set the time frame required for notice and comment. 18 CFR 5.25(c).

7-FD-k.57 to 7-FD-k.58 – Develop Mandatory Prescriptions or Terms and Conditions

Participating agencies may submit new or amended recommendations and conditions based on the analysis in the environmental document. Agencies must file all modified mandatory prescriptions or terms and conditions within 60 days following the close of the comment period. 18 CFR 5.25(d). Agencies must file any modified prescriptions or terms and conditions within 60 days from the date for filing comments on the Draft EA or EIS. 18 CFR 5.24(4) and 5.25(4). These modified conditions are addressed either in the final NEPA document (if a draft was issued) or license order (if non-draft was issued).

7-FD-k.59 — Issue Final EA or EIS

FERC must issue a final EIS within 90 days following the date for filing of modified mandatory prescriptions or terms and conditions. 18 CFR 5.25(e).

FERC must issue a final EA within 225 days of the notice for readiness for environmental analysis if it determines that a draft EA is not required. 18 CFR 5.25(a). The final EA published by FERC must include the following:

  • Draft license articles prepared by FERC;
  • A preliminary determination of whether each condition recommended under FPA section 10(j) is consistent with the FPA; and
  • Any preliminary mandatory conditions submitted by other agencies. 18 CFR 5.24(b).

Any participant and members of the public may submit comments on the final EA or EIS no later than 30 or 45 days after issuance of the final environmental document. 18 CFR 5.24(c).

7-FD-k.60 – Does FERC Approve the License Request?

FERC may approve or deny a request for a license based on all the information gathered during the licensing process. Pursuant to FPA Section 4(e), FERC must give equal consideration to developmental and environmental values when deciding whether or not to issue a license. Environmental values include the following:

  • Fish and wildlife resources;
  • Visual resources;
  • Cultural resources;
  • Recreational opportunities; and
  • Other aspects of environmental quality.

Developmental values include the following:

  • Power generation;
  • Irrigation;
  • Flood control; and
  • Water supply.

7-FD-k.61 – Provide Notice of Denial

If FERC determines that a license should not be granted for the developer’s project, then it will issue a notice of denial.

7-FD-k.62 – Licensing Order

FERC will issue a Licensing Order if it determines that a license should be granted. The Licensing Order will outline all approved conditions. The Licensing Order becomes final 30 days after issuance, unless the developer or other party timely seeks a rehearing. 16 USC 825l(a). Note, seeking a rehearing does not stay the requirements of the Licensing Order. FERC Licensing Orders contain an extensive overview of the project, licensing requirements and information regarding compliance with federal law, generally containing content in the following form:

  • Introduction, describing application date, type, and project capacity.
  • Background, describing licensing history and current application history.
  • Project Description, describing the following about the project;
    • Area.
    • Facilities.
    • Recreation sites.
    • Boundary.
    • Current operation.
    • Proposed operation and environmental measures.
  • Summary of License Requirements, describing the license authorizations and requirements.
  • Water Quality Certification, describing water quality certification and conditions.
  • Coastal Zone Management, describing CZMA consistency certification.
  • Section 18 Fishway Prescription, describing required fishways.
  • Threatened and Endangered Species, describing Endangered Species Act compliance.
  • National Historic Preservation Act, describing National Historic Preservation Act compliance.
  • FPA Section 10(a)(1), describing adaptation to conform with comprehensive plan.
  • FPA Section 10(j) Recommendations, describing conditions submitted by federal and state fish and wildlife agencies.
  • Administrative Provisions, describing required administrative provisions.
  • State and Federal Comprehensive Plans, describing consistency with state and federal comprehensive plans.
  • Applicant’s Plans and Capabilities, describing FERC’s analysis of the licensee’s record as a licensee.
  • Project Economics, describing FERC’s analysis of the economic benefits of the project.
  • Comprehensive Development, describing FERC’s analysis of the impact of the development.
  • License Term, describing the license term, requirements, and project detail.
  • Terms and Conditions, describing all the terms and conditions attached to the license.
  • Appendix A, Water Quality Certification Conditions, containing an additional description of the conditions of water quality certification.

See FERC Online eLibrary.

7-FD-k.63 to 7-FD-k.64 – Submit a Request for Rehearing

The developer may request rehearing on any FERC decision. The developer must submit the request no later than 30 days after issuance of the licensing denial. 18 CFR 385.713(b). The request should outline the alleged error in the final decision or final order. 18 CFR 385.713(c)(1). FERC may approve or deny any rehearing request.

If FERC rejects or dismisses an application because it is patently deficient or because the developer fails to correct deficiencies, then the developer cannot refile its application if the 24-month filing deadline has passed. FERC Handbook, page 4-12.

7-FD-k.65 – Conduct Rehearing on Denial of Licensing

If the request for rehearing is approved, then FERC will review the decision to deny a license.

7-FD-k.66 – Final Order

Following review of the rehearing request, FERC will issue a final rehearing order on the licensing.

7-FD-k.67 to 7-FD-k.69 – Is the License Approved?

FERC may approve or deny any request for a license. If the license is approved, then FERC will issue a Licensing Order. If the license is denied, then FERC will issue an order denying the license application. The developer may seek rehearing of the order denying the license application with FERC. FERC may either issue an order either granting or denying rehearing of the license order. If FERC issues an order denying rehearing of the license order then the developer may obtain review of the order denying rehearing in the United States Court of Appeals for the District of Columbia, or any circuit in which the developer is located or where the developer has its principal place of business. The developer may obtain review through filing a written petition requesting that the rehearing order be modified or set aside in whole within 60 days after the final action of FERC. 16 U.S.C. § 825(b).


Following issuance of a final FERC License, FERC must monitor the developer’s compliance with all the conditions contained within the license. Failure to comply with outlined conditions would subject the developer to civil penalties or rescission of the license. FPA Section 31(a) and FERC Handbook, page 1-4.




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