5.1 Notice of Intent

An existing licensee must file a Notice of Intent (NOI) not less than five years before expiration of the existing license. Before July 23, 2005, the notice will merely state the licensee's intent to seek a new license and its choice of the TLP. After that date, the notice must include a PAD, discussed in Section 4.2.5, and a request for FERC's permission to use the TLP, addressing five criteria: (A) likelihood of timely license issuance, (B) complexity of resource issues, (C) level of anticipated controversy, (D) amount of available information and potential for significant disputes over studies, and (E) relative cost of the traditional process compared to the ILP. Reply comments to this request are due within 30 days of the NOI.¹ The OEP Director will issue a Notice of Commencement, including a decision on the request to use the TLP, within 60 days of the NOI.² That decision is not subject to interlocutory review or appeal (see Section 3.2.4(D)).