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P-2409 Relicensing Process

Relicensing Process

As a requirement of the Federal Energy Regulatory Commission (FERC), Calaveras County water District (CCWD) must renew its license that permits the agency to use public waters for energy generation. The license specifically authorizes the conditions for construction, operation and maintenance of the North Fork Stanislaus River Hydroelectric Project No. 2409, (P-2409) as well as requirements designed to ensure safety, and to protect and enhance environmental resources and recreation.

In order for the continued operation P-2409, CCWD must obtain and retain an operating license from FERC. The Federal Power Act (FPA) gives FERC the exclusive authority to issue licenses to construct, operate, and maintain certain non-federal hydropower projects.  A license is issued for a specific period of time (typically 30 - 50 years), and the Licensee must reapply for a new license prior to the expiration of an existing license. This application process is called relicensing. The relicensing process addresses not only a project’s electrical generation, but also the natural resources present at a project that may be affected, both positively and negatively, by the project’s continued operation. FERC is required by federal law to consider both power and non-power issues when relicensing hydroelectric facilities.

CCWD plans to use FERC’s Traditional Licensing Process (TLP) to relicense P-2409. The TLP is an ideal process for low impact projects with limited resource issues. The TLP offers flexible timelines and allows the applicant to more collaboratively work with resource agencies and stakeholders throughout the relicensing process. CCWD’s use of the TLP is contingent upon receiving final approval from FERC. 

Relicensing via the TLP is an approximately 5-year process that is split into 3 stages. In the First Stage the applicant issues its notice of intent to relicense, its Preliminary Application Document (PAD), and request to utilize the TLP with FERC, agencies, Indian tribes, and interested parties (collectively referred to as interested parties). Interested parties review the PAD and the applicant hosts a joint agency/public meeting and site visit at the Project. Interested parties then provide written comments and study requests for the relicensing effort. In Stage Two, the applicant completes reasonable and necessary studies. At the close of studies, the applicant then provides interested parties with a drafted license application inclusive of study results. Interested parties may provide comments on the draft license application. The Third Stage involves the applicant’s review of final comments and filing of the Final License Application with FERC and interested parties. Upon receipt of the Application, FERC reviews the Final License Application to ensure all requirements and regulations are met. Typically, within two years of Final License Application submittal, FERC preparers and issues a National Environmental Policy Act (NEPA) environmental analysis document, and FERC Authorization (License Order for continued operation).

CCWD enters the P-2409 relicensing with the expressed goal of obtaining a new license with minimal adverse impacts to project economics, while helping to foster our relationship with the community, resource agencies, and other interested parties. CCWD desires to obtain a new license of maximum term for the project at a minimum cost (both initially and ongoing) that allows the project to maximize profits from the production of electrical power while also meeting environmental, recreational, irrigation, and other non-power requirements and needs.

Figure 1 below depicts a high-level overview of the FERC’s TLP. Additional information regarding hydroelectric project relicensing is available on the FERC website at www.ferc.gov

Flowchart for the Traditional Licensing Process with FERC: notice, approval, meeting, consultations, studies, and application filing.
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