The Toolkit consists of five parts - the main text and four appendices.
The main text is a comprehensive description of the procedures and other requirements for any licensing proceeding. Section 1 is this introduction. Section 2 is an overview of hydropower regulation. It explains how FERC and other agencies relate in a licensing proceeding, describes the basic structure and content of a license, and explains how a license is enforced or amended.
Section 3 describes the fundamental elements of the licensing process, as required by FPA section 15.1 Since a project uses public resources, FERC makes a licensing decision only after notice, public comment, and other opportunities for affected persons to influence that decision. Among other things, the licensee conducts field studies of baseline (or current) conditions, prepares its license application to describe proposed operation and impacts, and consults with agencies and other participants in these efforts. You, in turn, may submit further information to the record, negotiate with the licensee and other participants, intervene as a formal party in the proceeding, and seek rehearing or judicial review of a licensing decision that you believe does not comply with applicable laws.
FERC uses three licensing processes - the Traditional, Alternative, and Integrated Licensing Processes. They include fundamental elements discussed in Section 3 but differ in timing, sequencing, and even the substance of the steps. Section 4 discusses the Integrated Licensing Process (ILP), which will be the required process as of July 2005 unless a licensee obtains FERC's permission to use another; Section 5, Traditional Licensing Process (TLP); and Section 6, the Alternative Licensing Process (ALP). Finally, Section 7 discusses how a licensee and other participants may negotiate a settlement which, if approved by FERC, will serve as the basis for the license. Settlement negotiation is permitted and indeed encouraged in each of the licensing processes.
Appendix A compiles leading court cases that interpret the FPA and other laws applicable to licensing decisions. Appendix B compiles pleadings, such as a motion to intervene, an additional information request, or a request for rehearing, which parties filed to advance their individual positions in proceedings. This appendix is intended to illustrate the choices (both in form and substance) that you should make as you draft such pleadings. Appendix C compiles process documents that were jointly developed by the licensee and other parties. These include: a communications protocol used in settlement negotiations, a memorandum of understanding between FERC and a cooperating agency, as well as others. Unlike pleadings, these process documents are not intended to effect any one party's position but instead to structure the process in some way so as to increase the likelihood of a timely, non-disputed licensing decision. Finally, Appendix D compiles settlements between licensees and other participants, including HRC members, which FERC has approved as the basis for new licenses. It also includes explanatory statements required to justify settlements when offered. Since there are now several hundred such settlements, this appendix illustrates the reasonable range of choices available for the structure and substance of such documents.
16 U.S.C. ยง 808.