The Toledo Bend FERC licensing process - So you want to add hydo-electric!

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Information about The Toledo Bend FERC licensing process - So you want to add hydo-electric!

Published on March 10, 2014

Author: texasnetwork



Presented by Melvin Swoboda at the Texas Water Conservation Association Conference in The Woodlands, Texas - March 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 Questions?

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