The Traditional Licensing Process (TLP) is the old-timer of the processes available for a licensing decision. The TLP is a notice-and-comment process, which FERC has used in some form since the enactment of FPA Part I in 1935. In a TLP, the licensee drives the process until the filing of the license application. It consults with agencies and other participants in a limited and formal manner. It periodically holds meetings, receives written comments, and responds in kind. OEP participates in the process in a meaningful manner only after the licensee files its application. Then, it provides notices which trigger written responses by the participants. Because of the comparative efficiencies of the ILP (discussed in Section 4), after July 23, 2005 a licensee may use the TLP only if requests and receives FERC's permission.
The TLP consists of the Notice of Intent; First-Stage Consultation (Study Plan Development); Second-Stage Consultation (Study Plan Implementation and Application Development); and Third-Stage Consultation (Application Filing and Environmental Review). These stages include 16 discrete steps, as shown in the attached diagram.
FIGURE 2
TRADITIONAL LICENSING PROCESS (TLP)
The TLP specifies the deadlines for some, but not all, of these steps. In particular, it is silent as to the deadlines for steps during the Third-Stage Consultation (discussed below in Section 5.4), including the notices and documents that relate to environmental review. Table 3 shows deadlines as provided in the relevant rule, 18 C.F.R ยง 4.34.
TABLE 3
TIMING OF STEPS IN TLP
| Step Number | Step Description | Time (Relative To Prior Step, unless Otherwise Indicated) |
| Step 1a (pre-filing activity) | Notice of Intent (NOI), Pre-Application Document (PAD), and Request to Use TLP | 5-5.5 years before license expiration |
| Step 1b | Public Notice of NOI, PAD, and TLP Request to affected resource agencies, tribes, and interested public | concurrent with NOI |
| Step 2 | Comments on NOI, PAD, and TLP Request | 30 days |
| Step 3 | Notice of Commencement (NOC) and approval of TLP | 60 days after Step 1b |
| Step 4 | Joint Meeting for Consultation with agencies, tribes, and the public | 30-60 days (notice of Meeting must be given at least 14 days in advance) |
| Step 5 | Comments; Study Requests | 60 days (interested parties may request an additional 60-day extension for Comments) |
| Step 6 | Study Plans | Produced during Steps 2-5 |
| Step 7 | Draft License Application and Study Results | no deadline |
| Step 8 | Comments on Draft Application | 90 days |
| Step 9 | Final Application | no later than two years before expiration of license |
| Step 10 (post-filing activity) | Public Notice of Application | 14 days |
| Step 11 | Additional Information/Study Requests (AIR) | 60 days |
| Step 12 | FERC Decision on Adequacy of Application; Notice of Acceptance | no deadline |
| Step 13a | Comments; Interventions | 60 days |
| Step 13b | AIR; Applicant responds | 90 days |
| Step 14a | NEPA Scoping, Scoping Document 1 (SD1) | no deadline |
| Step 14b | Public Meeting | 30 days |
| Step 15 | Comments on SD1; preparation of Scoping Document 2 (SD2) if necessary | 30 days |
| Step 16 | Commission Issues AIR | |
| Step 17 | Notice of Ready for Environmental Analysis (REA) | 60-90 days |
| Step 18 | Comments on REA; Water Quality Certification; Final Conditions | 60 days |
| Step 19 | Reply Comments | 45 days |
| Step 20a | Non-draft EA | no deadline |
| Step 20b | Draft EA or EIS | no deadline |
| Step 21 | Final EA or EIS | no deadline |
| Step 22 | Final License Order | upon completion of all previous Steps |
Below, we describe the stages of the TLP. This section primarily highlights the differences with the ILP, in order to avoid repetition and recognize that the ILP will shortly be the default process. If you are interested in the detailed steps of the TLP, you should review FERC's Licensing Handbook, Section 4.
 | 4.6 Licensing Order | Page 105 of 143 | 5.1 Notice of Intent |  |