At least five years before expiration of an existing license, 1 an existing licensee2 must file a Notice of Intent (NOI) to renew its FERC operating license. This notice must state the licensee's intent for the project's future, commit to follow the ILP unless the licensee requests and FERC grants permission to use the ALP or TLP, and include a Pre-Application Document which compiles all reasonably available information about the project and its impacts under the existing license.3
In addition to such filing, the NOI must be published in newspapers and distributed directly to agencies, tribes, and other likely participants.4
Unless you have notified FERC and the licensee of your interest in the project, you will not receive notice of the NOI and PAD. Once the NOI is issued, the clock starts ticking and there is only a limited time for review of certain documents. Since the licensee may issue the NOI and PAD anytime during the six month period (between 5.5 and 5 years prior to the license expiration, we recommend that you contact the licensee more than 5.5 years prior to state your interest in the proceeding. Ask whether the licensee is interested in collaboration with you and other participants in the preparation of the PAD. Ask to be included in the mailing list for any further consultation or notice, and enter an eSubscription for the project.
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See 18 C.F.R. § 5.5(d). The notice may be provided up to 5.5 years in advance.
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A potential applicant other than the existing licensee should file an NOI only if FERC issues a public notice soliciting applications because of a lack of acceptable applications. See 18 C.F.R. § 16.24.
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See id.
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18 C.F.R. §§ 5.3(d)(1)-(2), 5.5(c).
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