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6.1 Notice of Intent

An existing licensee must file a NOI not less than 5 years before expiration of the existing license.

Before July 23, 2005, the notice will state the licensee's intent to seek a new license. It will request permission to use the ALP, on the grounds that: (A) the licensee has consulted with all affected agencies, tribes, and other likely participants, and a consensus supporting use of the ALP exists; and (B) the collaborative group has adopted a communications protocol which will govern how communications within the group and also with OEP will occur prior to application filing. 1 See Appendix C for a sample communications protocol.

 

After July 23, 2005, the NOI must include a PAD, and any request to use the ALP will be subject to the same requirements. Reply comments to this request are due within 30 days of the NOI.2 The OEP Director will issue a Notice of Commencement, including a decision on the request to use the ALP, within 60 days of the NOI.3 That decision is not subject to interlocutory review or appeal.4

 

We now describe the material differences between the TLP and ALP. We do not repeat the description of the individual steps that are identical in the two processes.

  1. 18 C.F.R. § 4.34(i)(3)(i).

  2. See 18 C.F.R. § 5.3.

  3. See id.

  4. 18 C.F.R. § 4.34(i)(5).