A non-power license is a temporary license for a project that is in transition from power generation to other uses outside of FERC's jurisdiction. It is temporary, continuing only until the area occupied by the project has been restored or until another governmental agency has agreed to assume jurisdiction over the project works for nonpower uses.1 FERC may issue a nonpower license to restore environmental quality, or even operate for a nonpower purpose such as recreation or water supply,2 if it finds that the continued generation is not “in conformity with a comprehensive plan for improving or developing a waterway or waterways for beneficial public uses....”3 While any person or entity may submit an application for such a nonpower license, it will be issued only on the above finding and the further finding that the applicant has the capacity to perform the resulting duties.4 Commission.” Id.
] FERC has issued such licenses twice.5 We understand a nonpower license to be a conditional form of license surrender, discussed next.
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See16 U.S.C. § 808(f).
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Id.
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See id.
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See id. FERC is authorized to issue a nonpower license on its own motion or upon the application “of any licensee, person, State, municipality, or State [utility
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See Wisconsin Electric Power Co., 94 FERC ¶ 61,038 (2001) (order on offer of settlement and notice of intent to issue and grant surrender of non-power license); 96 FERC ¶ 61,009 (2001) (order issuing non-power license and approving decommissioning plan); and New York State Electric & Gas Corp., 105 FERC ¶ 61,381 (2003) (order issuing non-power license); 106 FERC 61,326 (2004) (order granting NYSE& G's request for rehearing to clarify license articles in part).
