
[Federal Register Volume 79, Number 8 (Monday, January 13, 2014)]
[Notices]
[Pages 2164-2166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00275]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD13-9-000]


Hydropower Regulatory Efficiency Act of 2013; Notice Soliciting 
Pilot Projects To Test a Two-Year Licensing Process

    On August 9, 2013, President Obama signed into law the Hydropower 
Regulatory Efficiency Act of 2013 (Act). The Act, among other things, 
directs the Commission to investigate the feasibility of a two-year 
licensing process for hydropower development at non-powered dams and 
closed-loop pumped storage projects, develop criteria for identifying 
projects that may be appropriate for a two-year process, and by 
February 5, 2014, develop and implement pilot projects to test a two-
year process, if practicable.
    As directed by the Act, the Commission held an initial workshop on 
October 22, 2013, to solicit public comment and recommendations on how 
to implement a two-year process. By notice issued October 8, 2013, the 
Commission requested that written comments be filed by November 21, 
2013. Federal and state agencies, hydropower developers, and non-
governmental organizations provided input at the workshop, and 16 
comment letters have been filed regarding the two-year process.
    The Act does not authorize the Commission, by itself, to develop 
and implement pilot projects to test a two-year process; therefore, the 
Commission is seeking proposals from potential applicants wishing to do 
so. As a general principle, we expect applicants to propose pilot 
projects that: Are located at a non-powered dam or are a closed-loop 
pumped storage project; have a well-developed project proposal 
including project facilities and operation; would cause little to no 
change to environmental resources; and are located in areas where there 
is substantial existing information on environmental resources and 
effects. Prior to requesting the use of a two-year process, prospective 
applicants should meet with federal and state resource agencies, Indian 
tribes, non-governmental organizations, and the public regarding the 
project and potential pilot process proposal, potential project-related 
environmental effects, the availability of existing information, and 
the need for studies to supplement existing information. Further, 
prospective applicants should request written comments on the adequacy 
of available information and the need for studies, including the 
anticipated scope and duration of the studies.
    Based on our experience with expediting projects, the comments 
received at the initial workshop, and comments filed in response to our 
October 8, 2013 Notice, we have identified the following minimum 
criteria and process for projects that may be appropriate for licensing 
within a two-year process:
     The project must cause little to no change to existing 
surface and groundwater flows and uses;

[[Page 2165]]

     The project must be unlikely to adversely affect federally 
listed threatened and endangered species;
     If the project is proposed to be located at or use a 
federal dam, the request to use the two-year process must include a 
letter from the dam owner that the applicant's plan of development is 
conceptually feasible;
     If the project would use any public park, recreation area, 
or wildlife refuge established under state or local law, the request to 
use the two-year process must include a letter from the managing entity 
indicating its approval of the site's use for hydropower development; 
\1\ and
---------------------------------------------------------------------------

    \1\ Section 21 of the Federal Power Act as amended by the Energy 
Act of 1992, states that no licensee may use the right of eminent 
domain to acquire any lands or other property that, prior to October 
24, 1992 (the date of enactment of the Policy Act), were owned by a 
state or political subdivision thereof and were part of, or included 
within, any public park, recreation area, or wildlife refuge 
established under state or local law.
---------------------------------------------------------------------------

     For a closed loop pumped storage project, the project must 
not be continuously connected to a naturally-flowing water feature.
    Any prospective applicant that wishes to test a two-year process 
must file a request to do so by no earlier than February 5, 2014 and no 
later than May 5, 2014. The request must include:
    (1) Demonstration that the proposed project meets the above 
criteria;
    (2) Documentation that the prospective applicant has met with, 
described, and consulted with the affected federal and state resource 
agencies, Indian tribes, non-governmental organizations, and the public 
regarding its project and pilot process proposal along with a summary 
of verbal comments and copies of any written comments received in 
response to the meeting;
    (3) Copies of written comments from the affected federal and state 
agencies and Indian tribes regarding the availability of existing 
information and the need for studies to supplement the existing 
information, including the anticipated scope and duration of the 
studies;
    (4) A Pre-Application Document (PAD) and Proposed Study Plan that 
meet the content requirements of 18 CFR 5.6 and 5.11, respectively. The 
PAD must include a defined and well-developed project proposal. If a 
prospective applicant determines that a Proposed Study Plan is not 
needed, then the prospective applicant must demonstrate that the PAD 
contains sufficient information to address its list of potential 
environmental effects for environmental analysis;
    (5) List of potential environmental effects, including effects on 
geologic, aquatic, terrestrial, recreational, and cultural resources, 
as applicable; and
    (6) A process plan and schedule. Based on the comments received at 
the initial workshop and comments filed in response to our October 8, 
2013 Notice, the Commission has identified the process plan and 
schedule below for use by prospective applicants. A prospective 
applicant may file an alternative two-year process plan and schedule to 
test under the Act; however, the Commission reserves the right to 
modify any filed process plan and schedule as necessary to ensure that 
the Commission fulfills its responsibilities under the Federal Power 
Act and other applicable laws.

----------------------------------------------------------------------------------------------------------------
                                                      Pre-filing action or milestone
          Step               Responsible party                 description                         Time
----------------------------------------------------------------------------------------------------------------
1.......................  Prospective applicant.  Prior to filing a request to use a     0.
                                                   two-year pilot process, prospective
                                                   applicants must meet with Commission
                                                   staff to discuss the nature of the
                                                   project, the status of the
                                                   applicant's consultation efforts,
                                                   and the status of the applicant's
                                                   efforts in obtaining the information
                                                   described below.
                                                  Prospective applicant files a request
                                                   to use a two-year pilot process, a
                                                   pre-application document including a
                                                   detailed project description, a list
                                                   of potential environmental effects
                                                   for environmental analysis, a
                                                   proposed study plan with schedule,
                                                   and certification that the
                                                   prospective applicant has met with
                                                   the affected federal and state
                                                   resource and land management
                                                   agencies to discuss its project
                                                   proposal.
2.......................  Commission staff......  Issue notice of request to use the     30 days.
                                                   two-year pilot process and notice of
                                                   public technical meeting to discuss
                                                   the two-year pilot process proposal
                                                   (if needed), or issue a letter
                                                   rejecting the pilot process request
                                                   if the request does not meet the
                                                   criteria or filing requirements, or
                                                   if the request is otherwise
                                                   deficient pursuant to the
                                                   instructions in this notice.
3.......................  Commission staff,       Hold public technical meeting to       45 days.
                           prospective             discuss the proposed pilot process
                           applicant, and          (if needed as determined by
                           interested parties.     Commission staff).
4.......................  Commission staff......  Issue determinations on the request    90 days.
                                                   to use the pilot process, study
                                                   plan, and environmental effects
                                                   list, and if the pilot process is
                                                   approved, designate the applicant to
                                                   conduct informal section 106 of the
                                                   National Historic Preservation Act
                                                   and section 7 of the Endangered
                                                   Species Act (ESA) consultations, as
                                                   needed.
5.......................  Prospective applicant.  Complete studies, and apply for water  270 days.
                                                   quality and coastal zone
                                                   certifications.
6.......................  Prospective applicant.  File license application.\2\.........  1 year.
----------------------------------------------------------------------------------------------------------------


 
                                                     Post-filing action or milestone
          Step               Responsible party                 description                         Time
----------------------------------------------------------------------------------------------------------------
7.......................  Commission staff......  Review license application and issue   395 days.
                                                   deficiency or additional information
                                                   letter, if necessary.
8.......................  Commission staff......  Issue combined acceptance and ready    425 days.
                                                   for environmental analysis notice.
9.......................  State coastal zone      File coastal zone consistency          450 days.
                           certification agency.   certification, or other relevant
                                                   finding.
10......................  Interested parties....  File comments, recommendations,        485 days.
                                                   preliminary terms and conditions.
11......................  State water quality     File draft water quality               485 days.
                           certification agency.   certification conditions.
12......................  Applicant.............  File reply comments..................  500 days.
13......................  Commission staff......  Issue environmental assessment (EA)    605 days.
                                                   and draft programmatic agreement
                                                   (PA), section 10(j) letter, and
                                                   section 7 ESA informal consultation
                                                   letter, as necessary.

[[Page 2166]]

 
14......................  Interested parties....  File comments on EA and draft PA,      635 days.
                                                   final terms and conditions, water
                                                   quality certification, and response
                                                   to section 10(j) and informal ESA
                                                   consultation letters.
15......................  Commission staff......  Issue final PA and hold section 10(j)  655 days.
                                                   meeting, if necessary.
16......................  Commission............  Issue licensing decision.............  2 years.
----------------------------------------------------------------------------------------------------------------

    Please note that in the event that multiple requests to test a 
pilot process are filed, the Commission reserves the right to choose a 
subset of pilot processes to test.
---------------------------------------------------------------------------

    \2\ The filing of the license application and license 
application content requirements should be consistent with the 
Commission's existing regulations, including 18 CFR 5.17 and 5.18, 
except as otherwise stipulated in the approved process plan and 
schedule or other Commission issuance for the proposed pilot 
process.
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filing. Please file 
your request using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief 
comments up to 6,000 characters, without prior registration, using the 
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You 
must include your name and contact information at the end of your 
comments. For assistance, please contact FERC Online Support at 
FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to: 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426. The first page of any filing should include 
docket number AD13-9-000.
    For more information about this Notice, please contact: Nicholas 
Jayjack, Office of Energy Projects, Federal Energy Regulatory 
Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6073, 
Nicholas.Jayjack@ferc.gov.

    Dated: January 6, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-00275 Filed 1-10-14; 8:45 am]
BILLING CODE 6717-01-P


