Policy Statement on Conditioned Licenses for Hydrokinetic Projects, 68877-68879 [E7-23615]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Notices
docket(s). For assistance with any FERC
Online service, please e-mail
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Comment Date: 5 p.m. Eastern Time
on December 28, 2007.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–23631 Filed 12–5–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 8412–003]
Ronald W. and Kathryn C. Denney;
Notice of Availability of Environmental
Assessment
mstockstill on PROD1PC66 with NOTICES
November 28, 2007.
In accordance with the National
Environmental Policy Act of 1969 and
the Federal Energy Regulatory
Commission’s (Commission)
regulations, 18 CFR part 380 (Order No.
486, 52 FR 47897), the Office of Energy
Projects’ staff has prepared an
Environmental Assessment (EA) for a
surrender of exemption from licensing
for the Coiner Mill Project. The project
is located on the South River in Augusta
County, Virginia.
The EA contains the staff’s analysis of
the potential environmental impacts of
the proposal and concludes that the
surrender of the project’s exemption
from licensing would not constitute a
major federal action significantly
affecting the quality of the human
environment.
A copy of the EA is available for
review and reproduction at the
Commission’s Public Reference Room,
located at 888 First Street, NE., Room
2A, Washington, DC 20426. The EA may
also be viewed on the Commission’s
Web site at https://www.ferc.gov using
the e-library link. Enter the docket
number (prefaced by P–) and excluding
the last three digits, in the docket
number field to access the document.
For assistance, contact FERC Online
Support at
FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY,
contact (202) 502–8659.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–23623 Filed 12–5–07; 8:45 am]
BILLING CODE 6717–01–P
VerDate Aug<31>2005
18:57 Dec 05, 2007
Jkt 214001
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 4362]
Inman Mills, SC; Notice of Existing
Licensee’s Failure To File Notice of
Intent to File a Subsequent License
Application
November 29, 2007.
By August 31, 2007, Inman Mills, the
existing licensee for the Riverdale
Hydroelectric Project No. 4362,1 was
required to file a notice of intent stating
whether it intended to file an
application for a subsequent minor
license. The existing license for Project
No. 4362 expires on August 31, 2012.
The 1,240–kilowatt project is located
on the Enoree River, near Enoree, in
Spartanburg County, South Carolina. No
federal lands are affected.
The principal project works consist
of: (1) A 425-foot-long, 12-foot-high
gravity reinforced concrete dam topped
with 2-foot flashboards; (2) a 110-footlong, 9-foot-diameter penstock; (3) a
powerhouse separate from the dam
containing a 1,240 kW capacity
generating unit; (4) a reservoir with a
surface area of nine acres at normal pool
elevation of 512 feet mean sea level and
a gross storage capacity of 22 acre-feet;
and (5) appurtenant facilities. The
average annual generation at the project
is 5.4 million kWh.
Pursuant to section 16.19(b) of the
Commission’s regulations, 18 CFR
16.9(b) (2007), an existing licensee with
a minor license must notify the
Commission whether or not the licensee
intends to file an application for a
subsequent new license.
Inman Mills has not filed a notice of
intent to file an application for a
subsequent license for this project.
Pursuant to section 16.23(b) of the
Commission’s regulations, an existing
licensee that fails to file a notice of
intent pursuant to section 16.6(b) shall
be deemed to have filed a notice of
intent indicating that it does not intend
to file an application for subsequent
license.
Pursuant to section 16.20 of the
Commission’s regulations, applications
for subsequent license (except from the
existing licensee which is prohibited
1 In April 2006, Commission staff approved a
transfer of the license from Inman Mills to
Riverdale Development Venture LLC, effective upon
the transferee, within 60 days of the transfer order,
signing and returning an acceptance sheet and
submitting certified copies of the instruments of
conveyance (115 FERC ¶62,076). Transferee did not
file the required documents, and Inman Mills
therefore remains the licensee.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
68877
from filing) must be filed with the
Commission at least 24 months prior to
the expiration of the existing license.
Applications for license for this project
must be filed by August 31, 2010.
Questions concerning this notice should
be directed to Sergiu Serban at (202)
502–6211 or sergiu.serban@ferc.gov.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–23625 Filed 12–5–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. PL08–1–000; 121 FERC ¶
61,221]
Policy Statement on Conditioned
Licenses for Hydrokinetic Projects
November 30, 2007.
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Policy Statement.
AGENCY:
SUMMARY: The Federal Energy
Regulatory Commission is giving notice
of a new policy with respect to the
issuance of licenses for hydrokinetic
projects. In the Policy Statement, the
Commission concludes that, in
appropriate cases, where the
Commission has completed its
processing of license applications for
hydrokinetic projects, but where other
authorizations required under federal
law have not yet been received, it will
issue conditioned licenses for
hydrokinetic projects, predicated on the
licensee being precluded from
commencing construction until the
necessary authorizations are received.
DATES: Effective Dates: This Policy
Statement is effective November 30,
2007.
FOR FURTHER INFORMATION CONTACT:
Ann Miles, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
6769;
John Katz, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
8082.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T.
Kelliher, Chairman; Suedeen G.
Kelly, Marc Spitzer, Philip D.
Moeller, and Jon Wellinghoff.
1. The Commission is issuing this
Policy Statement as part of its ongoing
effort to establish a regulatory climate
that supports the development of
E:\FR\FM\06DEN1.SGM
06DEN1
68878
Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Notices
innovative hydropower projects that use
the forces of currents, waves, and tides
(generally referred to herein as
‘‘hydrokinetic projects’) to generate
clean, renewable electric energy. In the
Policy Statement, the Commission sets
forth a new policy, applicable only to
hydrokinetic projects, pursuant to
which the Commission will, in
appropriate cases, issue licenses
pending actions by other entities under
federal law. The goal of this action is to
shorten the regulatory process and
speed the development of meritorious
hydrokinetic projects.
I. Background
2. In recent years, the Commission has
become aware of efforts by the
hydrokinetic industry to test and
develop projects that harness the
nation’s water resources to produce new
supplies of much-needed electric
power. Estimates suggest that new
hydrokinetic technologies, if fully
developed, could double the amount of
hydropower production in the United
States, bringing it from just under 10
percent to close to 20 percent of the
national electric energy supply. Given
the potential benefits of this new, clean
power source, the Commission has
taken steps to lower regulatory barriers
to its development.
3. On December 6, 2006, the
Commission held a technical conference
on Hydroelectric Generation from Ocean
Waves, Tides, and Currents and from
Free-Flowing Rivers.1 At the conference,
the Commission heard from state and
federal regulators, developers, and other
stakeholders interested in hydrokinetic
projects. Following the conference, the
Commission received public comments.
A number of the comments focused on
issues relating to the issuance of
preliminary permits for hydrokinetic
projects,2 while other comments
discussed the licensing process for such
projects.
4. On February 15, 2007, the
Commission issued a notice of inquiry
and interim statement of policy with
respect to preliminary permits for
hydrokinetic projects.3 The Commission
explained that there had been a surge in
applications for preliminary permits to
study potential hydrokinetic projects,
1 Docket
AD06–13–000.
permits, issued for a term of up to
three years pursuant to section 4(f) of the Federal
Power Act, 18 U.S.C. 797(f) (2000), allow a potential
applicant to develop sufficient information to
prepare a license application and give the permit
holder a priority with respect to filing a license
application, but confer no property rights in the
project site and no authority to conduct
construction or other land-disturbing activity.
3 The notice of inquiry and interim statement of
policy is published at FERC Stats. & Regs. ¶ 35,555.
mstockstill on PROD1PC66 with NOTICES
2 Preliminary
VerDate Aug<31>2005
18:57 Dec 05, 2007
Jkt 214001
and noted the potential for new energy
production from those projects. In
consequence, the Commission proposed
to implement a ‘‘strict scrutiny’’
approach to reviewing preliminary
permit applications, in order to respond
to issues that had been raised at the
technical conference, and to encourage
thoughtful permit applications and
promote competition.4 The Commission
also sought comment on this proposal,
and the great majority of the
commenters supported the
Commission’s approach.
5. On October 2, 2007, the
Commission held a Commissioner-led
technical conference, in Portland,
Oregon, to discuss a Commission staff
proposal for a pilot licensing process
regarding hydrokinetic projects. The
staff proposal called for an expedited
licensing process, to be completed in as
few as six months. Staff suggested that
pilot project licenses would be available
only for proposed projects that are small
(five megawatts or less), are removable
or able to be shut down quickly, are not
located in sensitive areas, and are for
the purpose of testing new technologies
or locating appropriate sites.5 Staff
proposed that pilot project licenses (1)
have a short term (five years), (2)
include a standard condition requiring
project alteration or shutdown in the
event that there was an unacceptable
level of environmental effect, (3)
provide the option of applying for a
standard 30–50 year license, and (4)
require decommissioning and site
restoration at license expiration, if a
standard license is not sought. The
comments filed regarding the pilot
project license proposal were largely
supportive of a more expedited, less
burdensome process, and included a
number of specific suggestions as to
how the process could be implemented.
II. Discussion
6. Based on the Commission’s
experience, it has often been the case
that Commission staff has completed its
processing of a hydropower license
application, including preparation of an
environmental document, but that
authorizations required from other
entities under federal laws including the
Clean Water Act, the Coastal Zone
Management Act, and the Endangered
Species Act, have not yet been received.
Typically, the Commission has not
acted in such instances, sometimes
resulting in substantial delays in
developers’ abilities to undertake non4 Id.
at ¶ 14, 16.
5 See Notice of Technical Conference and
Soliciting Comments, Docket No. AD07–14–000
(issued July 19 2007).
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
construction activities. This has a
concomitant adverse impact on
developers’ abilities to move quickly
with project construction once the
pending authorizations are filed with
the Commission.
7. The Commission has taken a
different approach with respect to
authorizations issued under the Natural
Gas Act. In those cases, the Commission
has issued pipeline certificates and
authorizations to construct liquefied
natural gas facilities while action by
other entities is still pending, and
included in the Commission order
provisos that construction may not
commence until the necessary
authorizations have been received.6
8. In light of the nation’s interest in
the development of its water power
resources to meet the growing need for
clean, renewable energy, the
Commission has decided to adopt the
natural gas procedural model with
respect to new, hydrokinetic projects.
Thus, for new hydrokinetic projects
only, we will, in appropriate cases,
issue project licenses where the
Commission has completed processing
an application but other authorizations
remain outstanding. In such cases, the
license will include conditions
precluding the licensee from
commencing construction until it has
obtained all necessary authorizations.
9. There are a number of policy
reasons to consider adopting the gas
pipeline practice rather than the
conventional hydropower practice with
respect to conditioned licensing of
hydrokinetic technologies. First, issuing
licenses as described will have no
environmental impacts. By the terms of
the licenses, licensees will not be
permitted to commence construction
until they have obtained all
authorizations required by federal law.
When the authorizations are obtained,
licensees will be required to file them
with the Commission, and the
Commission then will review them and
incorporate their terms in the licenses,
as appropriate.
10. Second, issuing an appropriately
conditioned license would in no way
diminish the authority of the states or
other federal agencies. Construction of a
hydrokinetic project could not start
without any necessary state and federal
authorizations under a conditioned
license. For that reason, states and
federal agencies will fully retain their
authority to take action under relevant
federal law.
6 See, e.g., Crown Landing LLC, 117 FERC
¶ 61,209 at P 21 and n. 19 and n. 36 (2006); Georgia
Strait Crossing Pipeline LP, 108 FERC ¶ 61,053 at
P 13–16 (2004); Millennium Pipeline Company,
L.P., 100 FERC ¶ 61,277 at P 225–231 (2002).
E:\FR\FM\06DEN1.SGM
06DEN1
Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Notices
11. Third, the new procedure is
suitable for demonstration projects. The
Commission can issue licenses quickly,
leaving state and federal agencies that
have not yet completed their actions the
opportunity to do so, ideally quickly, on
their own timetable. While it is not clear
whether state and federal resource
agencies will complete their actions on
hydrokinetic projects in a shortened
timeframe, as suggested in the pilot
project license proposal drafted by
Commission staff, issuance of
conditioned licenses would likely give
the Commission a greater ability to
respond quickly to innovative project
proposals. Also, early issuance of a
Commission license will improve the
ability of project developers to secure
financing of demonstration projects.
12. Issuance of a conditioned license
will be a final Commission action, as is
the case with other licenses that contain
reservations of authority. Thus, these
licenses will be subject to rehearing,
and, once accepted, their terms will be
binding on licensees. Licensees will be
able, and required, to comply with all
license terms that do not involve
construction, such as those which may
require the development of plans and
consultation with stakeholders.
mstockstill on PROD1PC66 with NOTICES
III. Comments
13. Interested persons may submit
comments on this Policy Statement.
Comments are due on or before
December 14, 2007. Comments must
refer to Docket No. PL08–1–000, and
must include the commenter’s name,
the organization they represent, if
applicable, and their address.
14. Commenters are requested to use
appropriate headings and to double
space their comments.
15. Comments may be filed on paper
or electronically via the eFiling link on
the Commission’s Web site at https://
www.ferc.gov. The Commission accepts
most standard word processing formats
and commenters may attach additional
files with supporting information in
certain other file formats. Commenters
filing electronically do not need to make
a paper filing. Commenters that are not
able to file comments electronically
must send an original and 14 copies of
their comments to: Federal Energy
Regulatory Commission, Office of the
Secretary, 888 First Street, NE.,
Washington, DC 20426.
16. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
are not required to serve copies of their
comments on other commenters.
VerDate Aug<31>2005
18:57 Dec 05, 2007
Jkt 214001
IV. Document Availability
17. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE.,
Room 2A, Washington DC 20426.
18. From the Commission’s Home
Page on the Internet, this information is
available in the Commission’s document
management system, eLibrary. The full
text of this document is available on
eLibrary in PDF and Microsoft Word
format for viewing, printing, and/or
downloading. To access this document
in eLibrary, type the docket number
(excluding the last three digits of the
docket number), in the docket number
field. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours. For
assistance, please contact FERC Online
Support at (202) 502–6652 (toll-free at
1–866–208–3676) or e-mail at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. E-mail the
Public Reference Room at
public.referenceroom@ferc.gov.
By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–23615 Filed 12–5–07; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2007–0529; FRL–8502–8]
Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; ENERGY STAR Product
Labeling (Renewal); EPA ICR No.
2078.02, OMB Control No. 2060–0528
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA)(44
U.S.C. 3501 et seq.), this document
announces that an Information
Collection Request (ICR) has been
forwarded to the Office of Management
and Budget (OMB) for review and
approval. This is a request to renew an
existing approved collection. The ICR,
which is abstracted below, describes the
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
68879
nature of the information collection and
its estimated burden and cost.
DATES: Additional comments may be
submitted on or before January 7, 2008.
ADDRESSES: Submit your comments,
referencing Docket ID No. EPA–HQ–
OAR–2007–0529, to (1) EPA online
using https://www.regulations.gov (our
preferred method), by email to a-and-rdocket@epa.gov, or by mail to: EPA
Docket Center, Environmental
Protection Agency, Air and Radiation
Docket, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory
Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer
for EPA, 725 17th Street, NW.,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Rachel Schmeltz, Climate Protection
Partnerships Division, Office of Air and
Radiation, Mailcode 6202J,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: 202–343–
9124; fax number: 202–343–2200; e-mail
address: schmeltz.rachel@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has
submitted the following ICR to OMB for
review and approval according to the
procedures prescribed in 5 CFR 1320.12.
On July 13, 2007 (72 FR 38573), EPA
sought comments on this ICR pursuant
to 5 CFR 1320.8(d). EPA received no
comments. Any additional comments on
this ICR should be submitted to EPA
and OMB within 30 days of this notice.
EPA has established a public docket
for this ICR under Docket ID No. EPA–
HQ–OAR–2007–0529 which is available
for online viewing at https://
www.regulations.gov, or in person
viewing at the Air and Radiation Docket
in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Reading Room is 202–566–1744, and the
telephone number for the Air and
Radiation Docket is 202–566–1742.
Use EPA’s electronic docket and
comment system at https://
www.regulations.gov, to submit or view
public comments, access the index
listing of the contents of the docket, and
to access those documents in the docket
that are available electronically. Once in
the system, select ‘‘docket search,’’ then
key in the docket ID number identified
above. Please note that EPA’s policy is
that public comments, whether
submitted electronically or in paper,
will be made available for public
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 72, Number 234 (Thursday, December 6, 2007)]
[Notices]
[Pages 68877-68879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23615]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PL08-1-000; 121 FERC ] 61,221]
Policy Statement on Conditioned Licenses for Hydrokinetic
Projects
November 30, 2007.
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Policy Statement.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission is giving notice of a
new policy with respect to the issuance of licenses for hydrokinetic
projects. In the Policy Statement, the Commission concludes that, in
appropriate cases, where the Commission has completed its processing of
license applications for hydrokinetic projects, but where other
authorizations required under federal law have not yet been received,
it will issue conditioned licenses for hydrokinetic projects,
predicated on the licensee being precluded from commencing construction
until the necessary authorizations are received.
DATES: Effective Dates: This Policy Statement is effective November 30,
2007.
FOR FURTHER INFORMATION CONTACT:
Ann Miles, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-6769;
John Katz, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-8082.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly,
Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.
1. The Commission is issuing this Policy Statement as part of its
ongoing effort to establish a regulatory climate that supports the
development of
[[Page 68878]]
innovative hydropower projects that use the forces of currents, waves,
and tides (generally referred to herein as ``hydrokinetic projects') to
generate clean, renewable electric energy. In the Policy Statement, the
Commission sets forth a new policy, applicable only to hydrokinetic
projects, pursuant to which the Commission will, in appropriate cases,
issue licenses pending actions by other entities under federal law. The
goal of this action is to shorten the regulatory process and speed the
development of meritorious hydrokinetic projects.
I. Background
2. In recent years, the Commission has become aware of efforts by
the hydrokinetic industry to test and develop projects that harness the
nation's water resources to produce new supplies of much-needed
electric power. Estimates suggest that new hydrokinetic technologies,
if fully developed, could double the amount of hydropower production in
the United States, bringing it from just under 10 percent to close to
20 percent of the national electric energy supply. Given the potential
benefits of this new, clean power source, the Commission has taken
steps to lower regulatory barriers to its development.
3. On December 6, 2006, the Commission held a technical conference
on Hydroelectric Generation from Ocean Waves, Tides, and Currents and
from Free-Flowing Rivers.\1\ At the conference, the Commission heard
from state and federal regulators, developers, and other stakeholders
interested in hydrokinetic projects. Following the conference, the
Commission received public comments. A number of the comments focused
on issues relating to the issuance of preliminary permits for
hydrokinetic projects,\2\ while other comments discussed the licensing
process for such projects.
---------------------------------------------------------------------------
\1\ Docket AD06-13-000.
\2\ Preliminary permits, issued for a term of up to three years
pursuant to section 4(f) of the Federal Power Act, 18 U.S.C. 797(f)
(2000), allow a potential applicant to develop sufficient
information to prepare a license application and give the permit
holder a priority with respect to filing a license application, but
confer no property rights in the project site and no authority to
conduct construction or other land-disturbing activity.
---------------------------------------------------------------------------
4. On February 15, 2007, the Commission issued a notice of inquiry
and interim statement of policy with respect to preliminary permits for
hydrokinetic projects.\3\ The Commission explained that there had been
a surge in applications for preliminary permits to study potential
hydrokinetic projects, and noted the potential for new energy
production from those projects. In consequence, the Commission proposed
to implement a ``strict scrutiny'' approach to reviewing preliminary
permit applications, in order to respond to issues that had been raised
at the technical conference, and to encourage thoughtful permit
applications and promote competition.\4\ The Commission also sought
comment on this proposal, and the great majority of the commenters
supported the Commission's approach.
---------------------------------------------------------------------------
\3\ The notice of inquiry and interim statement of policy is
published at FERC Stats. & Regs. ] 35,555.
\4\ Id. at ] 14, 16.
---------------------------------------------------------------------------
5. On October 2, 2007, the Commission held a Commissioner-led
technical conference, in Portland, Oregon, to discuss a Commission
staff proposal for a pilot licensing process regarding hydrokinetic
projects. The staff proposal called for an expedited licensing process,
to be completed in as few as six months. Staff suggested that pilot
project licenses would be available only for proposed projects that are
small (five megawatts or less), are removable or able to be shut down
quickly, are not located in sensitive areas, and are for the purpose of
testing new technologies or locating appropriate sites.\5\ Staff
proposed that pilot project licenses (1) have a short term (five
years), (2) include a standard condition requiring project alteration
or shutdown in the event that there was an unacceptable level of
environmental effect, (3) provide the option of applying for a standard
30-50 year license, and (4) require decommissioning and site
restoration at license expiration, if a standard license is not sought.
The comments filed regarding the pilot project license proposal were
largely supportive of a more expedited, less burdensome process, and
included a number of specific suggestions as to how the process could
be implemented.
---------------------------------------------------------------------------
\5\ See Notice of Technical Conference and Soliciting Comments,
Docket No. AD07-14-000 (issued July 19 2007).
---------------------------------------------------------------------------
II. Discussion
6. Based on the Commission's experience, it has often been the case
that Commission staff has completed its processing of a hydropower
license application, including preparation of an environmental
document, but that authorizations required from other entities under
federal laws including the Clean Water Act, the Coastal Zone Management
Act, and the Endangered Species Act, have not yet been received.
Typically, the Commission has not acted in such instances, sometimes
resulting in substantial delays in developers' abilities to undertake
non-construction activities. This has a concomitant adverse impact on
developers' abilities to move quickly with project construction once
the pending authorizations are filed with the Commission.
7. The Commission has taken a different approach with respect to
authorizations issued under the Natural Gas Act. In those cases, the
Commission has issued pipeline certificates and authorizations to
construct liquefied natural gas facilities while action by other
entities is still pending, and included in the Commission order
provisos that construction may not commence until the necessary
authorizations have been received.\6\
---------------------------------------------------------------------------
\6\ See, e.g., Crown Landing LLC, 117 FERC ] 61,209 at P 21 and
n. 19 and n. 36 (2006); Georgia Strait Crossing Pipeline LP, 108
FERC ] 61,053 at P 13-16 (2004); Millennium Pipeline Company, L.P.,
100 FERC ] 61,277 at P 225-231 (2002).
---------------------------------------------------------------------------
8. In light of the nation's interest in the development of its
water power resources to meet the growing need for clean, renewable
energy, the Commission has decided to adopt the natural gas procedural
model with respect to new, hydrokinetic projects. Thus, for new
hydrokinetic projects only, we will, in appropriate cases, issue
project licenses where the Commission has completed processing an
application but other authorizations remain outstanding. In such cases,
the license will include conditions precluding the licensee from
commencing construction until it has obtained all necessary
authorizations.
9. There are a number of policy reasons to consider adopting the
gas pipeline practice rather than the conventional hydropower practice
with respect to conditioned licensing of hydrokinetic technologies.
First, issuing licenses as described will have no environmental
impacts. By the terms of the licenses, licensees will not be permitted
to commence construction until they have obtained all authorizations
required by federal law. When the authorizations are obtained,
licensees will be required to file them with the Commission, and the
Commission then will review them and incorporate their terms in the
licenses, as appropriate.
10. Second, issuing an appropriately conditioned license would in
no way diminish the authority of the states or other federal agencies.
Construction of a hydrokinetic project could not start without any
necessary state and federal authorizations under a conditioned license.
For that reason, states and federal agencies will fully retain their
authority to take action under relevant federal law.
[[Page 68879]]
11. Third, the new procedure is suitable for demonstration
projects. The Commission can issue licenses quickly, leaving state and
federal agencies that have not yet completed their actions the
opportunity to do so, ideally quickly, on their own timetable. While it
is not clear whether state and federal resource agencies will complete
their actions on hydrokinetic projects in a shortened timeframe, as
suggested in the pilot project license proposal drafted by Commission
staff, issuance of conditioned licenses would likely give the
Commission a greater ability to respond quickly to innovative project
proposals. Also, early issuance of a Commission license will improve
the ability of project developers to secure financing of demonstration
projects.
12. Issuance of a conditioned license will be a final Commission
action, as is the case with other licenses that contain reservations of
authority. Thus, these licenses will be subject to rehearing, and, once
accepted, their terms will be binding on licensees. Licensees will be
able, and required, to comply with all license terms that do not
involve construction, such as those which may require the development
of plans and consultation with stakeholders.
III. Comments
13. Interested persons may submit comments on this Policy
Statement. Comments are due on or before December 14, 2007. Comments
must refer to Docket No. PL08-1-000, and must include the commenter's
name, the organization they represent, if applicable, and their
address.
14. Commenters are requested to use appropriate headings and to
double space their comments.
15. Comments may be filed on paper or electronically via the
eFiling link on the Commission's Web site at https://www.ferc.gov. The
Commission accepts most standard word processing formats and commenters
may attach additional files with supporting information in certain
other file formats. Commenters filing electronically do not need to
make a paper filing. Commenters that are not able to file comments
electronically must send an original and 14 copies of their comments
to: Federal Energy Regulatory Commission, Office of the Secretary, 888
First Street, NE., Washington, DC 20426.
16. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters are not required to
serve copies of their comments on other commenters.
IV. Document Availability
17. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A,
Washington DC 20426.
18. From the Commission's Home Page on the Internet, this
information is available in the Commission's document management
system, eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number (excluding the last three digits of the docket number), in the
docket number field. User assistance is available for eLibrary and the
Commission's Web site during normal business hours. For assistance,
please contact FERC Online Support at (202) 502-6652 (toll-free at 1-
866-208-3676) or e-mail at ferconlinesupport@ferc.gov, or the Public
Reference Room at (202) 502-8371, TTY (202) 502-8659. E-mail the Public
Reference Room at public.referenceroom@ferc.gov.
By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E7-23615 Filed 12-5-07; 8:45 am]
BILLING CODE 6717-01-P
