FERC and Corps Agree to Work More Closely on Licensing

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Yesterday, FERC and Army Corps of Engineers signed a Memorandum of Understanding (MOU) to coordinate the respective regulatory processes associated with the authorizations required to construct and operate non-Federal hydropower projects.According to the press release by FERC, the MOU provides for:

  • Early involvement of FERC and USACE staff during the pre-filing stage of licensing and the environmental review process so issues are identified early and sufficient information is gathered to inform both agencies’ decisions;
  • Establishing a schedule between FERC and USACE early in the process so all applicable review and approval activities occur concurrently to avoid unnecessary delays and redundancies;
  • Sharing of administrative and technical data as necessary between FERC and USACE; and
  • Establishing FERC as the lead federal agency for preparation of the environmental document, with USACE participating as a cooperating agency as needed.

The MOU is available here.FERC has authority to regulate non-federal hydropower projects, including those that may be sited on Corps dams. With this MOU, the agencies hope to encourage hydropower development at Corps dams by non-federal entities.

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