License Amendments
A license amendment is a formal request submitted to FERC to modify the terms or conditions of a project’s license. Amendments are necessary when a project undergoes changes that affect its installed capacity, physical features, operations, land use, or required due dates. FERC considers most changes to a project, except for operations and maintenance (O&M) activities, to require a license amendment. Temporary changes, for example, short-term changes to a project’s minimum flows are considered “temporary variances,” which is another form of an amendment.
Key Triggers for License Amendments:
Installed Capacity Changes: Adding turbines or modifying existing generating units to increase the power generating capacity of the project.
Design Modifications: Changing physical structures such as dams, spillways, or a powerhouse, including replacement of wooden or steel flashboards with inflatable gates.
Operational Changes: Adjusting how the project is operated, such as altering water release schedules and modifying minimum flows to comply with new environmental regulations.
Project Boundary Changes: Modifying the FERC project boundary to include or exclude certain areas.
Schedule Changes: Changing a due date for completing an action or for submitting a plan or report required by the license.
Planning Strategies
When is an Amendment Needed?
FERC requires a license amendment for most changes to project structures, operations, lands, and existing due dates. Short term changes, for example, modifying minimum flows during construction work, are called “temporary variances,” which is another form of an amendment.
Amendments are not needed for routine operation and maintenance (O&M) work or for minor changes that are not substantial. Also, an amendment is not needed for activities required to comply with existing license articles, approved plans, and approved monitoring reports (but keep in mind that you may still need other permits from state and local agencies). Nor is an amendment needed for emergency repairs and/or emergency responses, especially if work is required by FERC’s regional engineer.
Here are a few questions and strategies to help you determine if an amendment is needed for a given project or proposed work:
Overview of Preparing an Amendment Application
In this section, we provide some tips for preparing an amendment application when one is needed:
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