The Licensing Process

This section of the hydropower licensing Web site consolidates useful information about the hydropower licensing process and provides updates on the licensing schedule and milestones. It is designed to provide stakeholders in the Chakachamna licensing process with the tools necessary to effectively participate in the licensing process.

FERC Guidelines, Handbooks, and Regulations

Overview of the three licensing processes available to TDX Power for use with the Chakachamna Hydroelectric Project, and a matrix comparing the three processes
Contents of an application for Major Unconstructed (more than 5 MW) project under the Traditional and Alternative Licensing Processes
Handbook for Hydroelectric Project Licensing & 5 MW Exemptions from Licensing
General guidelines for licensing documents and processes

TDX's Proposed Licensing Approach

TDX is requesting that the Federal Energy Reculatory Commission approve the use of a Traditional Licensing Process (TLP). The proposed Chakachamna Project (Project) is a large new conventional hydropower project that would be located in an area containing important resource values for which there is relatively little existing resource information; moreover, TDX is working to synchronize the development of the Project with a Regional Integrated Resources Plan (RIRP) process that has been initiated by the Alaska Energy Authority (AEA), which will result a 50-year, long-range plan that will identify combinations of generation and transmission (G&T) capital improvement projects in the Railbelt Region of Alaska. TDX anticipates that the RIRP, currently scheduled for issuance near year end 2009, will influence the role of the Project in meeting future energy needs of the Railbelt.

Given these unique circumstances, the licensing process must accommodate a significant data collection and impact assessment effort to support the final design of the Project and development of the license application, but do so in a measured manner that does not pre-judge the RIRP process thereby putting TDX at significant financial exposure in the licensing process. Based on feedback received from an outreach effort to agencies and other interested stakeholders and its own evaluation of the Integrated Licensing Process (ILP), TDX believes that a TLP, enhanced by a number of provisions designed to address specific concerns identified in its outreach efforts, is the preferred process for the pre-filing consultation and study efforts for the Project. In addition, use of the TLP will provide the needed flexibility to undertake a phased study program that allows TDX to initiate essential study efforts in 2010, including hydrologic data collection, aerial mapping and imagery, and bathymetric surveys. The balance of study planning for specific technical evaluations would be deferred until after the RIRP is complete, with implementation starting in 2011.

The TLP provides additional flexibility over the ILP through provisions 18 CFR § 4.38(c)(1)(ii)
and CFR § 4.38(c)(1)(iii) that expressly provide for continuing studies, under certain conditions, after submittal of the license application and after a license is issued. Given the complex nature of this Project area and the lack of existing information, TDX may elect to pursue such a post filing study program.

During consultation regarding its desire to use the TLP, agencies and other stakeholders raised concerns regarding:

Consequences of not doing early NEPA scoping, as would be done with the ILP;
Ability to reach resolution on study plan disputes and the distinction between "advisory
opinion" that is available through the TLP versus a formal study plan determination
(ILP);
Difficulty in developing an administrative record to which stakeholders could easily
reference in future proceedings;
Desirability/questions about the significance of early FERC staff involvement (available
through ILP but uncertain for the TLP).

In its proposed Communications Protocol, TDX proposed to address these concerns by enhancing the TLP with specific provisions of the ILP that provide for early NEPA scoping, involvment of FERC staff, issuance of a study plan determination from FERC, and use of FERC dispute resolution mechanisms.

Proposed Key Milestones

Significant Pre-filing Milestones	Responsible Party	Date [Required timeframe]	Applicable Regulations
Initiate informal consultation with agencies, tribes, non-governmental organizations and public	TDX	January, 2008	Voluntary
Hold first workshop for stakeholders 2	TDX	November 13, 2008	Voluntary
Initiate due diligence in identifying and acquiring existing, reasonably available, relevant information for the PAD	TDX	September, 2008	ILP, 5.6(b)(2)
Hold second workshop for stakeholders	TDX	February 19, 2008	Voluntary
Hold third workshop for stakeholders	TDX	April 10, 2009	Voluntary
Hold fourth workshop for stakeholders	TDX	May 12, 2009	Voluntary
Issue public notice for NOI/PAD	TDX	July 16, 2009	ILP, 5.3(d)(2)
Request designation as FERC's non-Federal representative for Section 7 ESA and authorization to initiate consultation pursuant to Section 106 of the NHPA	TDX	July 16, 2009	ILP, 5.5
File NOI/PAD with FERC and distribute to appropriate Federal, state, and interstate resource agencies, Indian tribes, local governments and members of the public likely to be interested in the proceeding	TDX	July 16, 2009	ILP, 5.5, 5.6
Comments on use of TLP	stakeholders	August 16, 2009 [within 30 days from NOI]	ILP, 5.3
Conduct tribal meeting(s)	FERC	NLT August 16, 2009 [within 30 days from NOI]	ILP, 5.7
Issue public notice for NOI/PAD; Issue Scoping Document 1 (SD1)	FERC	NLT Aug 29, 2009 [within 60 days from NOI]	TLP, 4.38(e)(4) ILP, 5.8
Scoping Meetings and Site Visit	FERC	September 17-19, 2009	TLP, 4.38(e)(4) ILP, 5.8(b)(viii)
PAD/SD1 comments due, including any information gathering and study requests, due to FERC	stakeholders	October 19, 2009 [within 30 days from Scoping notice/Site Visit]	TLP, 4.38(e)(4) ILP, 5.9
Issue Scoping Document 2 (SD2) (discretionary)	FERC	December 3, 2009 [within 45 days from SD1 comment due date]	TLP, 4.38(e)(4) ILP, 5.1
Phase 1 Proposed Study Plan Development (PSP-1)
File Phase 1 Proposed Study Plan (PSP-1)	TDX	December 3, 2009 [within 45 days from SD1 comment due date]	TLP, 4.38(e)(4) ILP, 5.11(a)
Hold PSP-1 meeting(s)	TDX	December 16-17, 2009 [initial meeting must be held within 30 days of deadline for filing PSP-1]	TLP, 4.38(e)(4) ILP, 5.11(e)
PSP-1 comments, including any revised information or study requests, due to FERC	stakeholders	March 4, 2010 [within 90 days of filing PSP-1]	TLP, 4.38(e)(4) ILP, 5.12
File Revised Study Plan (RSP-1), including comments on the PSP-1, description of efforts to resolve differences and explanation of any study request not adopted	TDX	April 5, 2010 [within 30 days from due date for PSP-1 comments]	TLP, 4.38(e)(4) ILP, 5.13(a)
RSP-1 comments due	Agencies	April 20, 2010 [within 15 days from filing of RSP-1]	TLP, 4.38(e)(4) ILP, 5.13(b)
Director's Study Plan Determination (SPD-1), including any modifications determined necessary	FERC	May 5, 2010 [within 30 days from filing of RSP-1]	TLP, 4.38(e)(4) ILP, 5.13(c)
Phase 2 Proposed Study Plan Development (PSP-1)
Phase 2 Study Requests	Stakeholders	October 19, 2010	TLP, 4.38(e)(4)
File Phase 2 Proposed Study Plan (PSP-2)	TDX	December 3, 2010	TLP, 4.38(e)(4) ILP, 5.11(a)
Hold PSP-2 meeting(s)	TDX	December 15-16, 2010 [initial meeting must be held within 30 days of deadline for filing PSP-2]	TLP, 4.38(e)(4) ILP, 5.11(e)
PSP-2 comments, including any revised information or study requests, due to FERC	stakeholders	March 2, 2011 [within 90 days of filing PSP-2]	TLP, 4.38(e)(4) ILP, 5.12
File Revised Study Plan (RSP-2), including comments on the PSP-2, description of efforts to resolve differences and explanation of any study request not adopted	TDX	April 1, 2011 [within 30 days from due date for PSP-2 comments]	TLP, 4.38(e)(4) ILP, 5.13(a)
RSP-2 comments due	Agencies	April 18, 2011 [within 15 days from filing of RSP-2]	TLP, 4.38(e)(4) ILP, 5.13(b)
Director's Study Plan Determination (SPD-2), including any modifications determined necessary	FERC	May 2, 2011 [within 30 days from filing of RSP-2]	TLP, 4.38(e)(4) ILP, 5.13(c)
Potential study dispute path - see PAD Table 2.2-2
Conduct first study season	TDX	2010 (Phase 1) or 2011 (Phase 2)	ILP, 5.15(a)
Issue initial study report (ISR-1 and ISR-2)	TDX	Pursuant to FERC approved study plan and schedule but no later than May 2011 (ISR-1), and May 2012 (ISR-2) [within 1 year after Study Plan Determination]	TLP, 4.38(e)(4) ILP, 5.15(c)(1)
Hold initial study report meeting	TDX	[within 15 days from initial study report]	TLP, 4.38(e)(4) ILP, 5.15(c)(2)
Issue initial study report meeting summary	TDX	[within 15 days from study report meeting]	TLP, 4.38(e)(4) ILP, 5.15(c)(3)
Potential study plan amendment path (2011 season) - see PAD Table 2.2-3
Conduct second study season	TDX	2011 (Phase 1 study program) and 2012 (Phase 2 study program)	TLP, 4.38(e)(4) ILP, 5.15(a)
Issue updated study report	TDX	Pursuant to FERC approved study plan and schedule but no later than May 2012 (Phase 1) or May 2013 (Phase 2) [within 2 years from Study Plan Determination]	TLP, 4.38(e)(4) ILP, 5.15(f)
Hold updated study report meeting	TDX	[within 15 days from updated study report]	TLP, 4.38(e)(4) ILP, 5.15(f)
Issue updated study report meeting summary	TDX	[within 15 days from study report meeting]	TLP, 4.38(e)(4) ILP, 5.15(f)
Potential study plan amendment path (2012 season, if applicable) - see PAD Table 2.2-3
Conduct third study season	TDX	2012/2013	TLP, 4.38(e)(4) ILP, 5.15(a)
Issue 2 nd updated study report	TDX	Pursuant to FERC approved study plan and schedule but no later than May 2013 (Phase 1) or May 2014 (Phase 2) [within 3 years from Study Plan Determination]	TLP, 4.38(e)(4) ILP, 5.15(f)
Hold 2 nd updated study report meeting	TDX	[within 15 days from updated study report]	TLP, 4.38(e)(4) ILP, 5.15(f)
Issue 2 nd updated study report meeting summary	TDX	[within 15 days from study report meeting]	ILP, 5.15(f)
File draft license application (DLA)	TDX	August, 2013	TLP, 4.38(c)(4)
Draft post-filing study plan	TDX	August 2013	Voluntary
File Draft Biological Assessment (BA) and/or draft Historic Properties Management Plan	TDX	August, 2013 [assume will be filed with DLA]	ILP, 5.16(d)
Comments on DLA due	stakeholders	November, 2013 [within 90 days from DLA filing]	TLP, 4.38(c)(5)
Post-filing study plan comments due	stakeholders	November, 2013	Voluntary
Joint Meeting	TDX	January, 2014 [within 60 days if substantive disagreement]	TLP, 4.38(c)(6)
Draft BA and/or draft Historic Properties Management Plan comments due	stakeholders	November, 2013 [to be submitted with DLA comments'
Written summary of agreements reached with the resource agencies, as well as remaining disagreements	TDX	February, 2014	TLP, 4.38(c)(8)
Revised post-filing study plan due	TDX	March, 2014	Voluntary
File License Application	TDX	April 2014	TLP 4.38(c)(9)
File revised Draft BA	TDX	April 2014 [file with license application]	ILP 5.18(b)(3)(ii)
Tendering notice of license application	FERC	April 2014 [within 14 days from filing]	TLP 4.38(d)(2)