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Final Rule on Hydroelectric Licensing Regulations (July 23, 2003): A Streamlined Approach

The Federal Energy Regulatory Commission's Final Rule on Hydroelectric Licensing, effective October 23, 2003, aims to enhance the Integrated Licensing Process (ILP). This regulation improves process efficiency, predictability, and stakeholder engagement, ensuring better decision-making. Key benefits include improved coordination with other processes, concurrent NEPA scoping, increased public participation, and early assistance from Commission staff. The enhancements also emphasize tribal consultation and comprehensive training for stakeholders, marking a significant shift in hydroelectric project licensing management.

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Final Rule on Hydroelectric Licensing Regulations (July 23, 2003): A Streamlined Approach

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  1. Hydroelectric Licensing Regulations Final Rule July 23, 2003 Federal Energy Regulatory Commission Office of Energy Projects Office of the General Counsel

  2. Rulemaking Process • Sept 2002 – Rulemaking initiated • Oct/Nov/Dec – Regional Forums, Drafting Session, Comments • February 2003 – NOPR • Mar/Apr/May – Reg. Workshops, Drafting Session, NOPR Comments • July 2003 - Final Rule

  3. Integrated LicensingProcess Goals • Improves process efficiency, predictability, and timeliness • Balances stakeholder interests • Improves the quality of decision making

  4. Integrated LicensingProcess Benefits • Coordination w/ other processes • Concurrent NEPA scoping and application preparation • Increased public participation • Early Commission staff assistance

  5. Integrated LicensingProcess Benefits • Process plan and schedule • Early study plan development and informal/formal dispute resolution • Enhanced Tribal Consultation

  6. Final Rule Transition Timeline Rule Issued 7/23/2003 Rule Effective 10/23/2003 ILP Default 7/23/2005 • PAD req. for TLP & ALP • Applicant Choice: • TLP • ALP • ILP • New Application Requirements

  7. Post-NOPR Modifications • Improved Pre-Application Document • More time for informal study dispute resolution • Preliminary Licensing Proposal in place of Draft License Application

  8. Post-NOPR Modifications • Water Quality Certification Application moved to REA Notice • Keep existing NEPA Cooperating Agency Policy • Tribal Consultation Meeting

  9. Post-Rule Activities • Training & Outreach • Individual Project & Regional Training • Tribal Outreach • Effectiveness study

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