Licensing Process

FERC Guidelines, Handbooks, and Regulations

FERC Comment Filing Tutorial (specific to the Nuyakuk Project)

Overview of FERC’s Integrated Licensing Process (ILP). The ILP is FERC’s default licensing process and will be used for licensing the Nuyakuk River Hydroelectric Project.

Handbook for Hydroelectric Project Licensing and 5MW Exemptions from Hydropower Licensing

Ideas for Implementing and Participating in the Integrated Licensing Process (ILP): Tools for Industry, Agencies, Tribes, Non-Governmental Organizations, Citizens, and FERC Staff

FERC ILP Overview

FERC’s ILP regulations define very specific procedures and timelines. FERC designed the ILP, the default licensing process, to be a transparent process that involves all interested parties, including tribes, agencies, non-governmental organizations (NGOs) and the public. Nushagak Cooperative has elected to use the ILP to pursue a license for the Nuyakuk River Hydroelectric Project. The steps in the ILP are as follows:

Applicant Files Notice of Intent (NOI) to File License Application with Pre-application Document (PAD)

• The NOI is a statement of the applicant's intention to file an original license application, or, in the case of an existing licensee, to file or not to file an application for a new or subsequent license.
• The PAD includes existing, relevant, and reasonably available information about the project and its effects on resources.
• The PAD also includes a well-defined process plan that includes an approved schedule for developing the license application.
• The PAD includes a list of preliminary studies and issues.

FERC Conducts Public Scoping

• FERC staff prepares a scoping document that includes a preliminary list of issues, and solicits comments on the scope of analysis of issues.
• FERC staff holds scoping meetings, conducts a site visit, and issues a revised scoping document based on public and agency input. Note: the site visit may be held separately if weather conditions are a concern.

Applicant Prepares Study Plan

• Stakeholders (tribes, resource agencies, non-governmental organizations, interested public, and FERC) submit study requests.
• Applicant files proposed study plan.
• Applicant holds a meeting(s) to discuss the proposed study plan and informally resolve study disagreements.
• Applicant files revised study plan.
• FERC issues Study Plan Determination either approving the revised study plan or approving with modifications after considering all information in the record.
• Agencies with mandatory conditioning authority may request formal dispute resolution if they disagree with the Study Plan Determination (SPD).
• Agencies and applicants can agree to conduct studies in addition to those in the SPD.

Applicant Conducts Studies and Prepares License Application

• Applicant conducts studies.
• Applicant files study reports with the Commission and stakeholders for comment, and holds meeting(s) to discuss study results and any needed modifications to the study plan.
• Applicant files preliminary licensing proposal or draft license application with the Commission, agencies, and public for comment.
• Applicant files final license application with the Commission and provides copies to stakeholders.

Commission Processes License Application

• Commission staff reviews the application for compliance with the regulations and any outstanding studies.
• Commission staff notices application ready for environmental analysis, and solicits interventions, comments, and terms and conditions.
• Commission staff issues its environmental analysis (EA or EIS) pursuant to National Environmental Policy Act (NEPA).
• The Commission issues its decision on the application.