Second Stage Consultation involves implementation of the Study Plan and the preparation of a draft License Application.
The licensee will implement its Study Plan and, at its discretion, the OEP Director's resolution of any study dispute. The results must be available before the deadline for application filing, unless the results are not necessary for the licensing decision.1
An agency or other participant may request an additional study or information, using the same criteria as before. If requested by an agency, the licensee must undertake the study or gather the information, unless it determines the request is not reasonable or necessary for the licensing decision or involves a method that is not generally accepted. The agency or licensee may refer any new study dispute to the OEP Director, as before.2
The TLP does not provide for an Initial or Updated Study Report, as required in the ILP. Further, OEP staff are not involved in the implementation of the Study Plan, unless a referral is made to the OEP Director.
18 C.F.R. §§ 4.38(c) 16.8(c).
18 C.F.R. § 4.38(b)(6)(i).
Not later than 27 months before license expiration, the licensee must publish and file a draft license application, in the form of the final application. It must report the study results as exhibits and discuss any proposed environmental measures.1 After July 23, 2005, Exhibit E must be in the same form required in the ILP.
Agencies and other participants have 90 days to provide written comments on the draft application.2 If any such comment states a substantive disagreement with the factual findings regarding project impacts or the proposed environmental measures, the licensee must meet with the agency within 60 days in an attempt to resolve the disagreement.3 The licensee will prepare a meeting report, which states whether the disagreement was resolved.4
18 C.F.R. § 4.38(c)(4).
See 18 C.F.R. § 4.38(c)(5); 18 C.F.R. § 16.8(c)(5).
See 18 C.F.R. § 4.38(c)(6); 18 C.F.R. § 16.8(c)(6).
See 18 C.F.R. § 4.38(c)(7); 18 C.F.R. § 16.8(c)(7).