Presented by Melvin Swoboda at the Texas Water Conservation Association Conference in The Woodlands, Texas - March 2014

1. or
So you want to add hydro-electric!
Melvin Swoboda
March 5, 2014

2. Identify what type of facility you will
have:
◦ Stand Alone
◦ Tied to an existing structure
◦ Tied to an existing water release

3.  Water Quality
 Terrestrial
 Cultural
 Land Management
 Threaten and Endangered Species

4.  Your key staff
◦ Manager
◦ Public Affairs
◦ Biologist and Engineers
 Licensing Process consultant (Hydro
experience)
 Legal firm (FERC Hydro experience)

5.  State –TCEQ, TWDB, TPWD, GLO, THC
 Federal – USFS, USFWS, NOAA (NMFS), NPS
 NGOs
 Local and state groups
 Adjacent landowners
 Tribes, federally recognized

6.  FERC
 ILP
 TLP
 PAD
 DLA
 FLA
 SD1
 SD2
 HPMP
 SMP
 RMP
 PM&E
 TCP
 SHPO
 THPO
 NAGPRA
 NHPA
 4e
 10j

7. What are the choices?
◦ Integrated License Process (ILP) 5- 7
years
◦ Traditional License Process (TLP)
(timing uncertain)

8.  Designed to move through the licensing
process in a defined manner
 Limits studies for study sake
 Places time constraints on EVERYONE
involved
 Designed to support the settlement of
issues

10.  Pre Application Document
 Study Phase
 Draft License Application
 Final License Application
 Environmental Impact Statement or
Environmental Analysis
◦ Draft
◦ Final
 401 Water Quality Certification

11. Contains existing information relevant to
the project proposal that is in the
potential applicant’s possession or that
the potential applicant can obtain with the
exercise of due diligence.

12.  Geology and Soils
 Water resources
 Fish and aquatic
resources
 Wildlife and botanical
resources
 Rare, threatened and
endangered species
 Recreation and land
use
 Aesthetic resources
 Cultural resources
 Social-economic
Resources
 Tribal resources
 River basin
descriptions
 Preliminary issues
and studies list

13.  Two year period
 Designed to allow for completion of
studies that fill gaps that are:
◦ Identified in the PAD
◦ Identified by agencies and the public
 Study requests must meet a strict set
of criteria

14.  Describes Goals & Objectives
 Provides relevant resource management
goals to agencies
 Supports the need for additional
information
 Shows a nexus between project
operations and effects
 Considers level of effort and cost

15.  Designed to include PAD and information
from studies
 Applicant’s analysis of the project effects
on the environment
 Opportunity for applicant to propose
PM&E measures
 Period to consider settlements for parties

16.  Initially issued in draft for public
comments (includes proposed PM&E’s)
 Final EIS or EA - FERC Staff’s
recommendation on the license
application and includes:
◦ PM&E’s and Draft License Articles
◦ 4e Articles if Federal lands are involved
◦ 10j Fish Prescriptions if needed

17.  Articles to include operations of the facilities
 Potential 4e articles if appropriate
 Fish prescriptions (10j)
 Shoreline Management Plan
 Recreation Management Plan
 Historical Properties Management Plan
 New federal requirements for Dam Safety

18.  6 – 7 years for a license of 30 – 50 years
◦ Length of license depends on the cost of the
project using FERC-anomics
 Currently FERC has launched an initiative
for small Hydro Projects with compressed
process time (2-3 years completion)

19. More information on re-licensing of
Toledo Bend www.tbpjo.org
Questions?