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Hydropower - Industry Activities
Interagency Task Force (ITF) - ITF Reports
- Guidelines to Consider For Participating
in The Alternative Licensing Process (ALP)
 - these
guidelines supplement the Commission's ALP regulations and are
designed to assist stakeholders in identifying resource management
goals early in the process, establish clear ground rules for
participating in an ALP, and help resolve disputes as they arise.
- Agency Recommendations, Conditions, and
Prescriptions under Part I of the Federal Power Act -
this paper deals with:
- Section 4(e) of the FPA, which authorizes the Departments
of Agriculture and the Interior to impose mandatory conditions
on projects located on Federal reservations they supervise;
- Section 18 of the FPA, which authorizes the Departments of
Commerce and the Interior to impose mandatory fishway prescriptions;
and,
- Section 10(j) of the FPA, which authorizes federal and state
resource agencies to propose conditions to protect fish and
wildlife.
It recommends that during the pre-filing stage, the resource
agencies provide license applicants with their resource objectives,
and encourages them to consider the least expensive response
and to coordinate conditions and recommendations among agencies.
Under Section 10(j), resource agencies are urged to provide
specific, detailed, and timely recommendations. These recommendations
can lead to better coordination, an improved exchange of information,
and, consequently timelier, better-informed decision making.
- National Environmental Policy Act Procedures
in Hydroelectric Licensing - this report identifies several
methods to better assess the environmental impacts of proposed hydroelectric
projects. Using this approach, the Commission will:
- Provide and seek clarification of comments early in the process;
- Discuss with resource agencies the full range of alternatives,
possible settlement options, and the extent to which recommendations
and mandatory conditions can be included;
- Coordinate state and federal resource agency recommendations;
- Ensure identification of NEPA alternative effects during
the scoping process; and
- Encourage collaboration during pre-filing between resource
agencies and license applicants of project impacts on resource
objectives and tribal interests. These recommendations will
facilitate better coordination among federal agencies and enable
all interested parties to understand and more efficiently work
within the NEPA process.
- FERC Noticing Procedures in Hydroelectric
Licensing - this report reforms noticing procedures
to facilitate accurate resource agency responses. These reforms
will expedite issuance and receipt of notices and improve overall
communication among federal agencies
- Improving the Studies Process in FERC
Hydroelectric Licensing - this report helps to determine
which environmental studies should be performed and focuses on dispute
resolution and post-filing studies.
With respect to pre-filing studies, the report encourages resource
agencies to explain their objectives, suggest methodologies, data
collection and analysis techniques for conducting such studies,
and identify those which would support their conditions.
For post-filing studies, it recommends that study requests be discussed
during NEPA scoping meetings and progress monitored. If uncertainty
exists, adaptive management may be appropriate but the report proposes
that such a plan include measurable objectives, monitoring, and
dual consultation between licensees and resource agencies on interim
measures and final adjustments. These new procedures should help
make the licensing process more efficient and eliminate or help
resolve disputes early on in the process.
- Improving Coordination of Endangered
Species Act Section 7 Consultation with the FERC Licensing
Process (Report
Figures) - these papers recommend improved coordination
of ESA consultations when measures are proposed to protect threatened
and endangered species.
During the pre-filing stage, the report suggests early discussions
between resource agencies and licensees, early consideration of
ESA issues when requesting studies, and the filing by the licensee
of a biological assessment along with the application.
After filing of an application, discussions of ESA issues should
occur when NEPA meetings are held, separate sections in the NEPA
document should be devoted to ESA issues, if any, and the accompanying
biological assessment, with references, and the Commission should
identify and earmark ESA issues when initiating formal consultation.
After licensing, when new species are listed or critical habitat
designated, new information will be continuously monitored to
determine project effects. A biological evaluation will be developed
to identify measures needed to protect new species. If changes
to project operation are needed as a result, the licensee must
apply for a license amendment with the Commission. This improved
ESA coordination will facilitate timely licensing actions.
- Anatomy of Trackable and Enforceable License
Conditions - this paper provides guidance to state and
federal agencies on how to draft clear and enforceable license conditions.
The recommendations will help ensure that conditions meet the goals
of the drafters, and that the Commission is able to enforce them.
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