Within 60 days of the NOI, FERC will issue a Notice of Commencement. The Notice of Commencement triggers the issuance of Scoping Document 1, initiates the comment period on the Pre-Application Document, and makes some important process decisions. It will state OEP's decision whether to approve any request to use the ALP or TLP. It will request that participants file comments on the PAD (already issued by the licensee at the same time as the NOI). It will solicit study requests from participants and any recommended modifications to the Process Plan. It will state that that all communications with Commission staff related to the merits of the application must be on-the-record. See Section 3.2.2(E)). It will request that other federal or state agencies or Indian tribes cooperate in some manner in the preparation of an environmental document. It states FERC's intent as to which form of environmental document (EA or EIS) it will publish. It will also provide formal notice for a scoping meeting to be held within 30 days thereafter. Finally, the notice will initiate informal consultation under ESA section 7 and related laws.1
The Notice of Commencement establishes deadlines for public comments on three documents. The Notice gives participants 60 days to comment on the PAD and Scoping Document 1, and so submit study requests in response to the PAD. You should provide detailed comments on all three documents. You should get a head start by reviewing the PAD when published with the Notice of Intent (60 days earlier). Also, you may begin drafting study requests even before the Notice of Commencement is issued.
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See 18 C.F.R. ยง 5.8(b). If appropriate, FERC will designate the license applicant as its non-federal representative authorized to participate in consultations on behalf of FERC. See id.
