Hydropower Reform and the FERC Process

Rivers do not belong to power companies; they belong to all of us.

It is your right to have a say in how our rivers are managed.

Your Voice Can Make a Big Difference!

Why Hydropower Reform?Why Hydropower Reform?Why Hydropower Reform?

Devastating Impactsto Rivers, Wildlife, and Recreation

Hydropower has Been Run for Years Without Modern Environmental Protections

• Clean Water Act (1972)• Endangered Species Act (1973)• National Environmental Policy Act

(1969)

The FERC Relicensing Process Provides a Once in a Lifetime Opportunity to Improve Conditions for Fish, Wildlife, and People

Federal Energy Regulatory Commission (FERC)

• Non-federal hydropower projects

• Licenses 30-50 years duration

• Five-year relicensing process

• State and federal agencies, NGO’s

• Apply current standards and laws

• Public process for the public’s water

Issues to Address During the Relicensing Process

• Instream flow• Recreation• Aquatic habitat• Water Quality• Safety• Access• Lake Levels• Land Protection• Fish Passage

Traditional Approach

Pre-applicationprocess begins

Application Filed

LicenseDecision

Amendment

3-sta

ge

cons

ultati

onNEPA

3-Stage Consultation

Pre-application process begins

First Stage

Second Stage

Third Stage

Notice of intent

ICP & Joint meeting *

Traditional Approach

Comments and Decision on Studies *

FERC Dispute Resolution?

Study Completion

Draft Application

Comment on Draft Application *

Application Filed

NEPATraditional Approach

Application Filed

License Decision

Public Notice of Application (Tendering)Additional Study Requests, if any *

Adequacy Review

Public Notice (Acceptance)Comments & Interventions *

Scoping Notice & Scoping Document 1AIR and response to additional studiesScoping Meeting *

Scoping Comments *Scoping Document 2 and AIR

REA NoticeRec., mandatory conditions *Draft NEPA DocumentNEPA Comments *

10(j) meetingFinal NEPA Document

Request for 401 WQ Cert

Federal Power Act

• Section 10(a) – licenses best adapted to a comprehensive plan for the waterway

• Section 4(e) – equal consideration of developmental and non-developmental values

• Section 18 – diadromous fishway prescriptions• Section 10(j) – agency fish &wildlife protection,

mitigation, and enhancement recommendations

Section 401 of the CWA

• State Water Quality Agency

• Section 401 certification conditions mandatory

• Based on water quality standards, and designated and existing uses

• Includes all beneficial uses, not just water chemistry

Current Projects undergoing relicensing in Alabama

• Coosa • Black Warrior • Martin Project,

Tallapoosa River

Alabama Projects

• Chattahoochee River: Langdale, P-2341 and Riverview, P-2350. License Expires 12/31/2023

Bartletts Ferry, P-485. License Expires 12/14/2014• Tallapoosa River: RL Harris, P-2628. License Expires

11/30/2023 Yates and Thurlow, P-2407. License Expires 1/31/2034• Black Warrior River: Holt Lock and Dam, P-2203. License

Expires 8/31/2015

Great Resources are out There

• www.Hydroreform.orgHydropower Licensing GuideActivists’ Preparation GuideShorelands GuideScience Guide

• www.FERC.govElibrary Citizen’s Guide to Relicensing

The Stakes are High: a new hydropower license is a legacy that we leave for future generations

We can have a strong economy, a reliable energy supply, and healthy restored rivers but we must insist that power companies do their part

Questions?

Matt RiceAssociate Director Southeast RegionAmerican RiversPhone:803-771-7506Email: mrice@americanrivers.org