Pre-Application Document, Notice of Intent, and Request to use the Traditional Licensing Process

On August 6, 2009 Kenai Hydro, LLC (KHL) filed with the Federal Energy Regulatory Commission (FERC): 1) a Notice of Intent (NOI) to file an application for original license under Part I of the Federal Power Act for the Grant Lake/Falls Creek Hydropower Project (FERC No. 13211/13212); 2) a Pre-Application Document (PAD) which summarizes existing information on the Project, describes a proposed environmental study program to determine potential Project impacts, and identifies steps to developing appropriate protection, mitigation, and enhancement measures for inclusion in the license application; and 3) a request to use a Traditional Licensing Process (TLP) for the Project.

Prior to filing the NOI and PAD, a public notice was placed in the Anchorage Daily News, the Peninsula Clarion, the Seward Phoenix Log, and the Homer News. The notice describes the proposed Project; provides information on how to comment on the request to use the TLP, provides contact information for the project; and describes the location of public reference libraries where the Project material may be viewed.

Public Meeting and Comment Period

A Joint Meeting was held on November 12, 2009 to explain the Project proposal presented in the PAD and its potential environmental impact, and to discuss the data to be obtained and studies to be conducted by Kenai Hydro in order to support consultation with the public, agencies, and Tribes regarding the development of a license application to be filed with the Commission. On December 4, 2009 , KHL filed a transcript of the Joint Meeting with FERC, and meeting materials include information on the proposed Project, schedule, and identified potential effects and issues to be studied during the licensing process.

Please note that additional comments on the PAD, and potential effects and study methodology may be filed with FERC during a 60-day comment period (from the November 12, 2009 meeting).

As a part of the approval of use to the use the TLP , FERC indicated that it will conduct early scoping, which will provide an additional opportunity for agencies and the public to comment on the proposed Project potential effects, study issues, and methodologies. The scoping meeting will occur prior to implementation of the proposed study program.