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Frequently Asked Questions (FAQs)
Hydrokinetic - Rehearings, License Transfers, and Other Post-License Issuance Matters
1. Would the Commission consider suspending or extending the period for rehearing or staying the effective date of the license at the request of a prospective licensee until some or all of the required federal and state authorizations have been completed or waived?
Commission staff does not anticipate the need for such actions.
2. Can a conditioned license be transferred prior to a licensee receiving all required federal and state authorizations, and if so, what steps will the Commission take to limit the ability of licensees to "flip" the licensed sites to other entities?
Yes. A licensee and transferee may jointly file an application to transfer the license at any time after a license has been issued by the Commission. The Commission's decision to approve the transfer would be made on a case-by-case basis and would be contingent upon, among other things, the showing that such a transfer is in the public interest. Upon approval and acceptance of the transfer, the transferee would be subject to all of the conditions of the license and to all of the provisions and conditions of the FPA, as though the transferee were the original licensee.
3. Under a conditioned license, when does the "two-year-clock" for commencing construction begin - after all required federal and state authorizations or waivers have been received or on the effective date of the conditioned license?
The "clock" begins on the effective date of the conditioned license.
4. What are some examples of the types of non-construction activities that a licensee may conduct under a conditioned license prior to receiving all other authorizations? What are some examples of the types of activities that are prohibited?
Examples of activities that would be allowed by a conditioned license prior to obtaining all other authorizations required by federal law would be development of plans and drawings in consultation with the federal and state agencies, Indian tribes, and others pursuant to the terms of the license and fabrication of project-related equipment (e.g., generation equipment). Examples of prohibited activities would be any actual on-site construction and installation activities, including construction and equipment staging.
