RESTORATION
FERC Relicensing 101
The Federal Energy Regulatory Commission licenses all non-federally-owned hydropower projects. FERC provides public notice and considers input from all stakeholders, including the dam owner (usually an electric utility), various regulatory agencies, local governmental entities such as irrigation or flood control districts, conservation groups, and concerned citizens. The dam owner must study the effects of the dam’s operations on public resources, and the dam must comply with federal and state environmental regulations. The health of native anadromous fish populations and other threatened and endangered species is often a primary consideration.
The project licensee (usually a utility) must notify FERC of its intent to seek a new license 5 years before the existing license expires. An approximate timeline might look like this:
YEAR 1: SCOPING PHASE
• All stakeholders suggest what studies are needed, different
scenarios to consider.
• Participants determine who will provide funding for the process,
identify funding strategies.
YEARS 2 & 3: DATA COLLECTION PHASE
• Field work, modeling, and other data collection is conducted.
YEARS 4 & 5: COMPLIANCE PHASE, LICENSE RE-ISSUE
• Stakeholders examine the different possible scenarios, for example:
o Utility’s operational alternative
o National Marine Fisheries Service alternative
o Conservation groups’ alternative
• Stakeholders negotiate a settlement based on the various
alternatives studied.
• The settlement goes through environmental review, including CEQA
(California Environmental Quality Act) and NEPA (National
Environmental Protection Act) compliance.
• FERC adopts the final determination. Might include re-issuing license,
decommissioning or dam or ordering changes to dam management,
such as flow regime or improved fish passage.