License Amendment Cont.
License Amendment Cont.
After the licensee has completed the appropriate pre-filing consultation steps for either a capacity or non-capacity related amendment and has filed a final application with FERC, the following review steps are completed by FERC:
Additional Information Requests
FERC staff will review the application to determine whether it contains sufficient information for a decision. If not, staff will request additional information giving the licensee typically 30 to 90 days to respond. Staff may ask for technical information, background information, and/or information on the licensee’s consultation with the agencies, tribes, or stakeholders. Staff will not issue a public notice until after all additional information has been received and is considered adequate.
Public Notice and Comment Period
For most applications, FERC will issue a public notice inviting comments from stakeholders, agencies, and the general public. Depending on the amendment, the comment period may last from 30 to 60 days and for certain more complex applications, may include a 45-day response period after the initial comment period has closed. During this time, stakeholders can file comments, recommendations, protests, and motions to intervene.
Consultation and Environmental Review
National Environmental Policy Act (NEPA)
NEPA requires federal agencies like FERC to assess the environmental impacts of their decisions. This involves preparing either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) to evaluate the potential effects of project changes.Project Boundary Changes: Modifying the FERC project boundary to include or exclude certain areas.
Endangered Species Act and Historic Preservation Act
Projects must comply with the Endangered Species Act and the National Historic Preservation Act, ensuring that hydropower operations do not harm endangered species or damage historic sites. FERC consults with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, and state historic preservation offices to ensure compliance.
Other Statuary Reviews
- National Environmental Policy Act
- National Historic Preservation Act
- Endangered Species Act
- Clean Water Act
- Magnuson-Stevens Fisheries Conservation and Management Act
- Wild and Scenic Rivers Act
Final Decision
FERC will issue its final decision based on the information provided in the amendment application, public comments, and its environmental review. The decision may:
- Approve the amendment.
- Approve with Modifications: Require certain conditions or changes before approval.
- Deny the amendment.
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