Published on March 10, 2014
or So you want to add hydro-electric! Melvin Swoboda March 5, 2014
Identify what type of facility you will have: ◦ Stand Alone ◦ Tied to an existing structure ◦ Tied to an existing water release
Water Quality Terrestrial Cultural Land Management Threaten and Endangered Species
Your key staff ◦ Manager ◦ Public Affairs ◦ Biologist and Engineers Licensing Process consultant (Hydro experience) Legal firm (FERC Hydro experience)
State –TCEQ, TWDB, TPWD, GLO, THC Federal – USFS, USFWS, NOAA (NMFS), NPS NGOs Local and state groups Adjacent landowners Tribes, federally recognized
FERC ILP TLP PAD DLA FLA SD1 SD2 HPMP SMP RMP PM&E TCP SHPO THPO NAGPRA NHPA 4e 10j
What are the choices? ◦ Integrated License Process (ILP) 5- 7 years ◦ Traditional License Process (TLP) (timing uncertain)
Designed to move through the licensing process in a defined manner Limits studies for study sake Places time constraints on EVERYONE involved Designed to support the settlement of issues
Pre Application Document Study Phase Draft License Application Final License Application Environmental Impact Statement or Environmental Analysis ◦ Draft ◦ Final 401 Water Quality Certification
Contains existing information relevant to the project proposal that is in the potential applicant’s possession or that the potential applicant can obtain with the exercise of due diligence.
Geology and Soils Water resources Fish and aquatic resources Wildlife and botanical resources Rare, threatened and endangered species Recreation and land use Aesthetic resources Cultural resources Social-economic Resources Tribal resources River basin descriptions Preliminary issues and studies list
Two year period Designed to allow for completion of studies that fill gaps that are: ◦ Identified in the PAD ◦ Identified by agencies and the public Study requests must meet a strict set of criteria
Describes Goals & Objectives Provides relevant resource management goals to agencies Supports the need for additional information Shows a nexus between project operations and effects Considers level of effort and cost
Designed to include PAD and information from studies Applicant’s analysis of the project effects on the environment Opportunity for applicant to propose PM&E measures Period to consider settlements for parties
Initially issued in draft for public comments (includes proposed PM&E’s) Final EIS or EA - FERC Staff’s recommendation on the license application and includes: ◦ PM&E’s and Draft License Articles ◦ 4e Articles if Federal lands are involved ◦ 10j Fish Prescriptions if needed
Articles to include operations of the facilities Potential 4e articles if appropriate Fish prescriptions (10j) Shoreline Management Plan Recreation Management Plan Historical Properties Management Plan New federal requirements for Dam Safety
6 – 7 years for a license of 30 – 50 years ◦ Length of license depends on the cost of the project using FERC-anomics Currently FERC has launched an initiative for small Hydro Projects with compressed process time (2-3 years completion)
More information on re-licensing of Toledo Bend www.tbpjo.org Questions?
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