The Licensing Process

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

FERC Guidelines, Handbooks, and Regulations

Overview of the three licensing processes available to KHL for use with the Grant Lake Hydroelectric Project, and a matrix comparing the three processes
Contents of an application for Major Unconstructed (more than 5 megawatts [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, KHL believes the ILP would not be optimal for the proposed Grant Lake Hydrolectric Project. FERC allows applicants the ability to solicit approval to utilize the Traditional Licensing Process (TLP) or the Alternative Licensing Process (ALP). KHL requested use of the TLP as the preferred licensing approach, and enhanced the approach to provide additional opportunities to involve all interested parties. The request to use the TLP was accompanied by a Communication Protocol that describes additional consultation mechanisms to provide more frequent and direct interaction with stakeholders and agencies. FERC granted the request on August 15, 2009.

Overview of the Traditional Licensing Process (TLP)

In developing a license application, KHL must complete and document a three-stage pre-filing consultation process described in 18 CFR 4.38. KHL's schedule for developing a license application was presented at the 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 FERC

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 FERC and sends copies to agencies and tribes.