Currently hydropower project owners are required to file a license application with FERC a minimum of two years prior to the expiration of the license for existing facilities or prior to construction of a new facility. A major component of the application is Exhibit E (described in Section 2.2.d) in which the applicant includes information on the environmental impacts of the project. The information contained in this submittal and other parts of the application is used by FERC when issuing its EA or EIS. There are many steps along this process in which the public can become involved and affect the outcome of the license. (See the Hydropower Reform Coalition Relicensing Toolkit for more detail.)
3.1.a Motion to Intervene and Additional Information Requests
There are several steps in the licensing process that allow involvement by other federal and state agencies, recreation and conservation organizations, and members of the general public. However it is important that interested parties first file a motion to intervene pursuant to 18 CFR 385.214 in order to become a formal party to the license proceedings and to receive all filings. An intervener may file comments, recommendations, and suggested terms and conditions for the license. A motion to intervene also informs the project owner that you are an interested party and opens the door for involvement in future settlement agreements and scoping sessions. An intervenor may also file an Additional Information Request (AIR) which can be a very powerful tool to remedy data errors or omissions. Interested parties may submit an AIR, which if granted by FERC, can require the licensee to provide additional information on how project lands will be protected and threats or impacts mitigated. The AIR, however, must be substantiated with specific reasons why the additional information is necessary, how the AIR relates to the impacts of the project, how the results of any study will be used, and how the project and the results of your information request affect you.
3.1.b License Article Conditions for Protection, Mitigation, and Enhancement
A final license for a hydropower project will include license articles with conditions outlining the requirements that the licensee must comply with during the term of the license. FERC has developed many of the articles in a standard format to be used where appropriate in any license. License articles may also require recommendations from other state and federal agencies and organizations who have filed a motion to intervene. FERC makes the final decision on which articles are included in the final license. The following is a list of requirements relating to shoreline and riparian lands protection that have been included in license articles for hydropower projects:
3.1.c License Article Conditions for Studies and Monitoring
Sometimes effects that a hydropower project will have on development, species habitat, and increase in recreation are unknown at the time the license is issued. Therefore, FERC will frequently include conditions in a license that require the licensee to conduct studies and or monitoring and submit results to FERC annually or some other time period. It is far more desirable to have these issues completed when the new license is issued, but these conditions can be an effective tool for land protection by-
3.1.d Other Tools, Guidelines, and Requirements
Management plans of other federal, local, and state agencies can provide additional requirements, guidelines, and recommendations that may be included in the project's license. Comprehensive Plans that outline land protection needs, particularly if specific to the hydro project of concern, can be a valuable tool to justify land protection during relicensing. FERC currently lists over 800 comprehensive management plans from other agencies that meet their criteria for being considered during the licensing process. The latest version of this list is entitled Revised List of Comprehensive Management Plans, April 2008 and is available online at http://www.ferc.gov/industries/hydropower/gen-info/licensing/complan.pdf
Examples of plans that FERC may be required to consider are: