The Federal Energy Regulatory Commission (FERC) is an Independent Commission that sets and regulates the process and procedures for involvement during a formal license proceeding. The objectives of this
overview are to provide interested participants an understanding of: 1) WHO FERC is; 2) WHAT this
strictly regulated process requires in terms of participation; and 3) HOW participants can prepare and participate to succeed in a proceeding.
The presentation covers process as well and identifies key points in a proceeding to focus their time and effort in order to effectively participate.
2. • Who is FERC and What Do We Regulate?
• The FERC Hydropower Program
• Types of Authorizations
• Licensing Processes
• Basic Licensing Steps
• Laws and Regulations
• Web Resources
• Contacts
• Questions?
Agenda
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3. Mission: Reliable, efficient and
sustainable energy for consumers
What Does FERC Regulate?
Hydroelectric Projects
Electric Transmission
Natural Gas
Oil Pipelines
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4. Organizational Structure
Chairman
(Acting)
Cheryl A. LaFleur
Commissioner
John R. Norris
Commissioner
Philip D. Moeller
Commissioner
Tony Clark
Commissioner
(empty)
Admin.
Law
Judges
Executive
Director
External
Affairs
Admin.
Litigation
Secretary
General
Counsel
Enforcement
Energy
Projects
Energy
Market
Regulation
Energy
Policy &
Innovation
Electric
Reliability
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5. 5
Director
Jeff C. Wright
Deputy Director
Ann F. Miles
Division of Pipeline
Certificates
Division of Gas-
Environment &
Engineering
Division of
Hydropower Licensing
Division of Hydropower
Administration &
Compliance
Division of Dam Safety
& Inspections
Energy Infrastructure
Policy Group
Assistant Director
Management & Operations
Certificates Branch 1
Certificates Branch 2
Gas Branch 1 New England Branch
South Branch
Northwest Branch
West Branch
Land Resources
Branch
Engineering
Resources
Branch
Environmental
Review
Branch
Washington Office
Atlanta Regional
Office
Chicago Regional
Office
New York Regional
Office
Portland Regional
Office
San Francisco
Regional Office
Mid-Atlantic Branch
Midwest Branch
Gas Branch 2
Gas Branch 3
LNG Compliance
Branch
LNG Engineering
Branch
Project
Review
Branch
Aquatic
Resources
Branch
Office of Energy Projects
7. Commission authorization is required for non-
federal hydropower projects:
• located on navigable waters;
• located on federal lands;
• using surplus water from a federal dam; OR
• located on non-navigable waters over which Congress has
Commerce Clause jurisdiction, were constructed after 1935,
and connected to the interstate grid.
Hydropower Jurisdiction
(Federal Power Act)
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8. Conventional U.S. Hydropower:
Federal and FERC-Regulated
U.S. Hydropower
Capacity ~ 99,000 MW
Providing - 7% of U.S.
Generating Capacity
U.S. Hydropower
Capacity under FERC
Regulation ~ 54,000 MW
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13. DIVISION OF HYDROPOWER LICENSING
Branch Geographic Regions
Northwest Branch
West Branch
Midwest Branch
South Branch
Mid-Atlantic
Branch
New
England
Branch
DHL Branches
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14. • Preliminary permit
– Maintains priority of application for three years with option to
extend to five
– Does not authorize construction
• License
– Authorizes construction and operation
– Issued for 30-50 years
• 10 MW Exemption
– Authorizes construction and operation
– Issued in perpetuity
Types of Authorizations
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17. Licensing Processes
Integrated Licensing
Process (ILP)
Alternative Licensing
Process (ALP)
Traditional Licensing
Process (TLP)
Default process
Available upon request and
FERC approval
Available upon request and
FERC approval
Projects with complex
issues and study needs;
FERC oversight in pre-
filing
Smaller projects that
effectively promote a self-
driven collaborative pre-
filing process; some FERC
involvement
Projects with less complex
issues and study needs; no
FERC oversight in pre-
filing
Predictable scheduling in
both pre-filing and post-
filing stages
Collaboratively-determined
schedule in pre-filing stage
Paper-driven process; no
set timeframes
Post-filing elements of each process very similar
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18. Integrated Licensing Process
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1 year 2-3 years
1.5 years
Pre-filingPost-filing
Initial Proposal
& Information
Document
Scoping
Meetings &
Public
Comment
Study Plan
Development
Conduct
Studies &
Prepare
Application
Application:
Proposal,
Effects &
Mitigation
Measures
FERC Review
& Public
Comment
FERC
Environmental
Document &
Public Comment
FERC
Authorization
(License Order)
19. Licensing Standard
Federal Power Act
• Equal consideration - section 4(e)
• Equal consideration to environmental and
developmental values
• Comprehensive development - section 10(a)
• License project that best serves the public
interest (best adapted to comprehensive
plan for use of waterway)
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20. Other Licensing Considerations
• State and federal fish and wildlife agency
recommendations [10(j)]
• Consistency with comprehensive plans
[10(a)(2)]
• Mandatory conditions in FPA:
• On reservations [4(e)]
• For fishways [18]
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21. National Environmental
Policy Act
• Scoping
• Preparation of
environmental documents
(EA/EIS)
• Public comments on
EA/EIS
• Responding to comments
in final EA/EIS
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22. Typical Environmental Issues
Analyzed in NEPA Documents
• Water Quality
• Fisheries
• Soils/Geology
• Wildlife/Vegetation
• Historical/Archeological
• Recreation/Land Use
• Aesthetics
• Socioeconomics
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24. Other Laws and Regulations
• Clean Water Act
• Endangered Species Act
• National Historic Preservation Act
• Fish and Wildlife Coordination Act
• Magnuson-Stevens Fishery
Conservation and Management Act
• Coastal Zone Management Act
• Wild and Scenic Rivers Act
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28. Division of Dam Safety and
Inspections
• Review of Project Designs
• Review of Plans and
Specifications
• Quality Control and Inspection
Program
• Construction Inspections
• Operation Inspections (Post-
Construction)
• Part 12 D Safety Inspections
• Emergency Action Plans
• Incident ReportingSWIFT POWER CANAL, WASHINGTON, 2002
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29. Web Resources
WWW.FERC.GOV
• Licensing Webpage - Overview of licensing program, summary of issued
licenses/permits, and links to guidance handbooks.
• eLibrary - Searchable database of all issuances and filings at the
Commission (public record).
• eSubscription - Enables applicants and stakeholders to receive email
notifications of all issuances/filings related to a proceeding, with direct links
to them.
• eFiling - Provides ability for applicants and stakeholders to electronically
file documents on a proceeding.
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30. DIVISION OF HYDROPOWER LICENSING
Branch Geographic Regions
Northwest Branch
Jennifer Hill, Chief
(202) 502-6797
West Branch
Timothy Welch, Chief
(202) 502-8760
Midwest Branch
Timothy Konnert, Chief
(202) 502-6359
South Branch
David Turner, Chief
(202) 502-6091
Mid-Atlantic Branch
John Smith, Chief
(202) 502-8972
New England Branch
Robert Easton, Chief
(202) 502-6045
Branch Contacts
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