Resources

Also known as the Coosa decision.

This guide explains how to effectively participate in the hydropower licensing process, geared towards citizens. This A to Z description of the licensing process includes an overview of FERC; in-depth guidance for the ILP, TLP, and ALP; and settlement agreements. Appendices: Compendium of court cases commonly cited in licensing decisions Common filings in a licensing […]

FERC policy statement to articulate its commitment to promote a government to-government relationship between itself and federally-recognized Indian tribes. The policy statement recognizes the sovereignty of tribal nations and the Commission’s trust responsibility to Indian tribes. The policy statement also establishes a tribal liaison position. Finally, the policy establishes certain actions specific to the hydroelectric program.

Was the installation and operation of the three new turbine generators at the project an activity which may result in any discharge for purposes of § 401(a)(1) of the CWA?

Issue. Does a licensee have to obtain State water quality certification for an annual license?

Issue 1. Does the FPA require FERC to consider a pre-project baseline for purposes of environmental review? Issue 2. Does FERC have to consider denial of license as an action alternative? Issue 3. Can FERC reject or modify a section 10(j) recommendation? Issue 4. Can FERC reject a fishway prescription made pursuant to FPA § 18?

Issue. Does FERC have the authority to include § 4(e) conditions in re-licenses?

Issue. Should FERC have required the licensee to obtain a water quality certification prior to granting a license amendment that would decrease the volume of a pre-existing discharge?

Issue. Can FERC rely on objectives contained in a forest plan to determine whether a proposed project will be consistent with the purposes for which the national forest was created?

Issue. Can FERC reject conditions contained in a State water quality certification?