The Licensing Process

This section of the Kenai Hydro Licensing Web site consolidates useful information about the hydropower licensing process and provides updates on the licensing schedule and milestones. It is designed to provide stakeholders in the Grant Lake licensing process with the tools necessary to effectively participate in the licensing process.

FERC Guidelines, Handbooks, and Regulations

Overview of the three licensing processes available to Kenai Hydro for use with the Grant Lake Project, and a matrix comparing the three processes
Contents of an application for Major Unconstructed (more than 5 MW) project under the Traditional and Alternative Licensing Processes
Handbook for Hydroelectric Project Licensing & 5 MW Exemptions from Licensing
General guidelines for licensing documents and processes

FERC Guidelines, Handbooks, and Regulations Milestones

FERC’s Integrated Licensing Process (ILP) regulations define very specific procedures and timelines. FERC designed the ILP, the current default licensing process, to be a transparent process that involves all interested parties, including tribes, agencies, non-governmental organizations (NGOs) and the public. However, because the ILP has limitations in addressing a project that does not have an existing development to study, Kenai Hydro believes the ILP would not be optimal for the proposed Project. FERC allows applicants the ability to solicit approval to utilize the Traditional Licensing Process (TLP) or the Alternative Licensing Process (ALP). Kenai Hydro requested use of the TLP as the preferred licensing approach, and enhanced the approach additional opportunities to involve all interested parties. FERC granted the request on August 15, 2009.

Overview of the Traditional Licensing Process (TLP)

In developing a license application, Kenai Hydro must complete and document a three-stage pre-filing consultation process described in 18 CFR 4.38. Kenai Hydro's schedule for developing a license application was presented at the June 2 & 3 FERC scoping meetings. The steps include:

First Stage

Applicant issues notice of intent, preliminary application document, request to use TLP, and newspaper notice;
Commission approves use of TLP;
Applicant conducts joint agency/public meeting and site visit;
Resource agencies and tribes provide written comments; and
Agencies, tribes, or applicant request dispute resolution on studies with the Commission.

Second Stage

Applicant completes reasonable and necessary studies;
Applicant provides draft application and study results to resource agencies and tribes;
Resource agencies and tribes comment on draft application; and
Applicant conducts meeting if substantive disagreements exist.

Third Stage

Applicant files final application with Commission and sends copies to agencies and tribes.

The request to use the TLP was accompanied by a Communication Protocol which describes additional consultation mechanisms to provide more frequent and direct interaction with stakeholders and agencies.