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So you want to add hydro-electric!
Melvin Swoboda
March 5, 2014
Identify what type of facility you will
have:
◦ Stand Alone
◦ Tied to an existing structure
◦ Tied to an existing water re...
 Water Quality
 Terrestrial
 Cultural
 Land Management
 Threaten and Endangered Species
 Your key staff
◦ Manager
◦ Public Affairs
◦ Biologist and Engineers
 Licensing Process consultant (Hydro
experience)
 ...
 State –TCEQ, TWDB, TPWD, GLO, THC
 Federal – USFS, USFWS, NOAA (NMFS), NPS
 NGOs
 Local and state groups
 Adjacent l...
 FERC
 ILP
 TLP
 PAD
 DLA
 FLA
 SD1
 SD2
 HPMP
 SMP
 RMP
 PM&E
 TCP
 SHPO
 THPO
 NAGPRA
 NHPA
 4e
 10j
What are the choices?
◦ Integrated License Process (ILP) 5- 7
years
◦ Traditional License Process (TLP)
(timing uncertain)
 Designed to move through the licensing
process in a defined manner
 Limits studies for study sake
 Places time constra...
 Pre Application Document
 Study Phase
 Draft License Application
 Final License Application
 Environmental Impact St...
Contains existing information relevant to
the project proposal that is in the
potential applicant’s possession or that
the...
 Geology and Soils
 Water resources
 Fish and aquatic
resources
 Wildlife and botanical
resources
 Rare, threatened a...
 Two year period
 Designed to allow for completion of
studies that fill gaps that are:
◦ Identified in the PAD
◦ Identif...
 Describes Goals & Objectives
 Provides relevant resource management
goals to agencies
 Supports the need for additiona...
 Designed to include PAD and information
from studies
 Applicant’s analysis of the project effects
on the environment
 ...
 Initially issued in draft for public
comments (includes proposed PM&E’s)
 Final EIS or EA - FERC Staff’s
recommendation...
 Articles to include operations of the facilities
 Potential 4e articles if appropriate
 Fish prescriptions (10j)
 Sho...
 6 – 7 years for a license of 30 – 50 years
◦ Length of license depends on the cost of the
project using FERC-anomics
 C...
More information on re-licensing of
Toledo Bend www.tbpjo.org
Questions?
The Toledo Bend FERC licensing process - So you want to add hydo-electric!
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The Toledo Bend FERC licensing process - So you want to add hydo-electric!

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Presented by Melvin Swoboda at the Texas Water Conservation Association Conference in The Woodlands, Texas - March 2014

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The Toledo Bend FERC licensing process - So you want to add hydo-electric!

  1. 1. or So you want to add hydro-electric! Melvin Swoboda March 5, 2014
  2. 2. Identify what type of facility you will have: ◦ Stand Alone ◦ Tied to an existing structure ◦ Tied to an existing water release
  3. 3.  Water Quality  Terrestrial  Cultural  Land Management  Threaten and Endangered Species
  4. 4.  Your key staff ◦ Manager ◦ Public Affairs ◦ Biologist and Engineers  Licensing Process consultant (Hydro experience)  Legal firm (FERC Hydro experience)
  5. 5.  State –TCEQ, TWDB, TPWD, GLO, THC  Federal – USFS, USFWS, NOAA (NMFS), NPS  NGOs  Local and state groups  Adjacent landowners  Tribes, federally recognized
  6. 6.  FERC  ILP  TLP  PAD  DLA  FLA  SD1  SD2  HPMP  SMP  RMP  PM&E  TCP  SHPO  THPO  NAGPRA  NHPA  4e  10j
  7. 7. What are the choices? ◦ Integrated License Process (ILP) 5- 7 years ◦ Traditional License Process (TLP) (timing uncertain)
  8. 8.  Designed to move through the licensing process in a defined manner  Limits studies for study sake  Places time constraints on EVERYONE involved  Designed to support the settlement of issues
  9. 9.  Pre Application Document  Study Phase  Draft License Application  Final License Application  Environmental Impact Statement or Environmental Analysis ◦ Draft ◦ Final  401 Water Quality Certification
  10. 10. Contains existing information relevant to the project proposal that is in the potential applicant’s possession or that the potential applicant can obtain with the exercise of due diligence.
  11. 11.  Geology and Soils  Water resources  Fish and aquatic resources  Wildlife and botanical resources  Rare, threatened and endangered species  Recreation and land use  Aesthetic resources  Cultural resources  Social-economic Resources  Tribal resources  River basin descriptions  Preliminary issues and studies list
  12. 12.  Two year period  Designed to allow for completion of studies that fill gaps that are: ◦ Identified in the PAD ◦ Identified by agencies and the public  Study requests must meet a strict set of criteria
  13. 13.  Describes Goals & Objectives  Provides relevant resource management goals to agencies  Supports the need for additional information  Shows a nexus between project operations and effects  Considers level of effort and cost
  14. 14.  Designed to include PAD and information from studies  Applicant’s analysis of the project effects on the environment  Opportunity for applicant to propose PM&E measures  Period to consider settlements for parties
  15. 15.  Initially issued in draft for public comments (includes proposed PM&E’s)  Final EIS or EA - FERC Staff’s recommendation on the license application and includes: ◦ PM&E’s and Draft License Articles ◦ 4e Articles if Federal lands are involved ◦ 10j Fish Prescriptions if needed
  16. 16.  Articles to include operations of the facilities  Potential 4e articles if appropriate  Fish prescriptions (10j)  Shoreline Management Plan  Recreation Management Plan  Historical Properties Management Plan  New federal requirements for Dam Safety
  17. 17.  6 – 7 years for a license of 30 – 50 years ◦ Length of license depends on the cost of the project using FERC-anomics  Currently FERC has launched an initiative for small Hydro Projects with compressed process time (2-3 years completion)
  18. 18. More information on re-licensing of Toledo Bend www.tbpjo.org Questions?

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