Hydropower Reform and the FERC Process
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Transcript of Hydropower Reform and the FERC Process
Hydropower Reform and the FERC Process
Rivers do not belong to power companies; they belong to all of us.
It is your right to have a say in how our rivers are managed.
Your Voice Can Make a Big Difference!
Why Hydropower Reform?Why Hydropower Reform?Why Hydropower Reform?
Devastating Impactsto Rivers, Wildlife, and Recreation
Hydropower has Been Run for Years Without Modern Environmental Protections
• Clean Water Act (1972)• Endangered Species Act (1973)• National Environmental Policy Act
(1969)
The FERC Relicensing Process Provides a Once in a Lifetime Opportunity to Improve Conditions for Fish, Wildlife, and People
Federal Energy Regulatory Commission (FERC)
• Non-federal hydropower projects
• Licenses 30-50 years duration
• Five-year relicensing process
• State and federal agencies, NGO’s
• Apply current standards and laws
• Public process for the public’s water
Issues to Address During the Relicensing Process
• Instream flow• Recreation• Aquatic habitat• Water Quality• Safety• Access• Lake Levels• Land Protection• Fish Passage
Traditional Approach
Pre-applicationprocess begins
Application Filed
LicenseDecision
Amendment
3-sta
ge
cons
ultati
onNEPA
3-Stage Consultation
Pre-application process begins
First Stage
Second Stage
Third Stage
Notice of intent
ICP & Joint meeting *
Traditional Approach
Comments and Decision on Studies *
FERC Dispute Resolution?
Study Completion
Draft Application
Comment on Draft Application *
Application Filed
NEPATraditional Approach
Application Filed
License Decision
Public Notice of Application (Tendering)Additional Study Requests, if any *
Adequacy Review
Public Notice (Acceptance)Comments & Interventions *
Scoping Notice & Scoping Document 1AIR and response to additional studiesScoping Meeting *
Scoping Comments *Scoping Document 2 and AIR
REA NoticeRec., mandatory conditions *Draft NEPA DocumentNEPA Comments *
10(j) meetingFinal NEPA Document
Request for 401 WQ Cert
Federal Power Act
• Section 10(a) – licenses best adapted to a comprehensive plan for the waterway
• Section 4(e) – equal consideration of developmental and non-developmental values
• Section 18 – diadromous fishway prescriptions• Section 10(j) – agency fish &wildlife protection,
mitigation, and enhancement recommendations
Section 401 of the CWA
• State Water Quality Agency
• Section 401 certification conditions mandatory
• Based on water quality standards, and designated and existing uses
• Includes all beneficial uses, not just water chemistry
Current Projects undergoing relicensing in Alabama
• Coosa • Black Warrior • Martin Project,
Tallapoosa River
Alabama Projects
• Chattahoochee River: Langdale, P-2341 and Riverview, P-2350. License Expires 12/31/2023
Bartletts Ferry, P-485. License Expires 12/14/2014• Tallapoosa River: RL Harris, P-2628. License Expires
11/30/2023 Yates and Thurlow, P-2407. License Expires 1/31/2034• Black Warrior River: Holt Lock and Dam, P-2203. License
Expires 8/31/2015
Great Resources are out There
• www.Hydroreform.orgHydropower Licensing GuideActivists’ Preparation GuideShorelands GuideScience Guide
• www.FERC.govElibrary Citizen’s Guide to Relicensing
The Stakes are High: a new hydropower license is a legacy that we leave for future generations
We can have a strong economy, a reliable energy supply, and healthy restored rivers but we must insist that power companies do their part
Questions?
Matt RiceAssociate Director Southeast RegionAmerican RiversPhone:803-771-7506Email: [email protected]