Application for minor license
BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION
APPLICATION FOR LICENSE FOR A
MINOR (1.5 MEGAWATTS OR LESS) WATER POWER PROJECT
INITIAL STATEMENT
[18 C.F.R. § 4.61(b) requires you to make an initial statement as set forth below.]
(1) ______[Applicant Name] appliesto the Federal Energy Regulatory Commissionfor license for the______[Project Name] water power project, as describedhereinafter.
Specify any previous FERCproject number designation: ______
(2) The location of the project is:
State or territory:County:
Township or nearby town:
Stream or other body of water:
(3) The exact name, address, and telephonenumber of the applicant are:
[Do not include the representative or consultant preparing the application.]
Applicant’s Name:Address:
Telephone number:
(4) The exact name, address, and telephonenumber of each person authorized to act asagent for the applicant in this application, ifapplicable, are:
Name of Agent:Address:
Telephone number:
Name of Agent:
Address:
Telephone number:
(5) ______[Applicant Name] is ____a citizen of the United States, ____an association of citizens of the United States, ____ a domestic corporation, ____a municipality, ____ State, as appropriate,and (____is/____isnot) claiming preliminary permit preference under section 7(a)of the Federal Power Act. See 16 U.S.C. 796.
(6)(i) The statutory or regulatory requirements of the state(s) in which the project would be located that affect the project as proposed with respect to bed and banks and the appropriation, diversion, and use of water for power purposes, and with respect to the right to engage in the business of developing, transmitting, and distributing power and in any other business necessary to accomplish the purposes of the license under the Federal Power Act, are:
[Provide citation and brief identification of the nature of each requirement. If you are a municipality, you must submit copies of applicable state or local laws or a municipal charter or, if such laws or documents are not clear, any other appropriate legal authority, evidencing that the municipality is competent under such laws to engage in the business of developing, transmitting, utilizing, or distributing power.]
______
(ii) The steps which the applicant hastaken or plans to take to comply with eachof the laws cited above are:
[Provide a brief description for each requirement]
______
(7) Brief project description
______
______
______
(i) Proposed installed generating capacity____megawatts (MW)
(ii) Check appropriate box:
____existing dam
____unconstructed dam
(8) Lands of the United States affected(shown on Exhibit G):
Name / Acres(i) National Forest
(ii) Indian Reservation
(iii) Public Lands Under Jurisdiction of
(iv) Other
(v) Total U.S. Lands
(vi) Check appropriatebox:
__Surveyed land/__Unsurveyed land
(9) Construction of the project is plannedto start within ______months, and is plannedto be completed within ______months, fromthe date of issuance of license.
EXHIBIT A
Exhibit A [18 CFR § 4.61(c)] is a description of the project and the proposed mode of operation.
(1) The exhibit must include, in tabular form if possible, as appropriate:
18 CFR §4.61(c)(1) / Description(i) The number of generating units, including auxiliary units
The capacity of each unit
Provisions, if any, for future units
(ii) The type of each hydraulic turbine(s)
(iii) A description of how the plant is to be operated, manual or automatic
Whether the plant is to be used for peaking
(iv) The estimated average annual generation in kilowatt-hours or mechanical energy equivalent
(v) The estimated average head on the plant
(vi) The reservoir surface area in acres and, if known, the net and gross storage capacity
(vii) The estimated minimum and maximum hydraulic capacity of the plant (flow through the plant) in cubic feet per second
Estimated average flow of the stream or water body at the plant or point of diversion
(viii) Sizes, capacities, and construction materials, as appropriate, of pipelines, ditches, flumes, canals, intake facilities, powerhouses, dams, transmission lines, and other appurtenances
(ix) The estimated cost of the project
(x) The estimated capital costs and estimated annual operation and maintenance expense of each proposed environmental measure
Description of the Project:
______
______
Proposed Mode of Operation:
______
(2) Purposes of project (for example, use of power output):
______
(3) An estimate of the cost to develop the license application: ______
(4) The on-peak and off-peak values of project power, and the basis for estimating the values, for projects which are proposed to operate in a mode other than run-of-river:
______
______
(5) Not required for an original license application.
(6) Not required for an original license application.
(7) The annual operation and maintenance expenses, including insurance, and administrative and general costs:
______
(8) A detailed single-line electrical diagram (diagram that shows how a hydroelectric project’s major equipment—such as its generator—is connected to the project’s transmission lines)is attached.
(9) A statement of measures taken or planned to ensure safe management, operation, and maintenance of the project.
______
EXHIBIT E
Exhibit E is an Environmental Report. It must be prepared pursuant to 18 C.F.R §§ 4.38and 4.61and must include the following information, commensurate with the scope and environmental impact of the facility’s construction and operation:
This description must include the entire project, including the dam and reservoir area and primary transmission line (used solely to transmit power from the project to a load center—without it there would be means to market the full capacity of the project) area. Please address each resource area. If you determine that the project will have no effect on any area, say so and explain why.
Include maps and photographs as appropriate.
(1) Pursuant to 18 C.F.R. §4.61(d)(2), a description of the environmental setting in the vicinity of the facility, including:
- vegetative cover:
______
- fish and wildlife resources:
______
- water quality and quantity:
______
- land and water uses:
______
- recreational uses:
______
- historical and archeological resources:
______
- scenic and aesthetic resources:
______
- endangered or threatened plant and animal species and critical habitats (if none, state) (The State Fish and wildlife agency and U.S. Fish and Wildlife Service can help you develop this information.):
______
- sites included in, or eligible for inclusion in, the National Register of Historic Places(The State Historic Preservation Office can help you develop this information.):
______
(2) Pursuant to 18 C.F.R. § 4.61(d)(2), a description of the expected environmental impacts resulting from the proposed construction or development of the project, including any impacts from any proposed changes in the capacity and mode of operation of the project if it is already generating electricity, and an explanation of the specific measures proposed by the applicant, the agencies consulted, and others to protect and enhance environmental resources and values and to mitigate adverse impacts of the project on them.
[Even if there are no expected environmental impacts, explain why. Do not assume that Commission staff can discern it from other parts of the application. Explain your reasons for not undertaking any measures proposed by any agency consulted.]
______
(3) Any additional information the applicant considers important.
____________
EXHIBIT F
Exhibit F is a set of drawings showing the structures and equipment of the hydroelectric project and must conform to the specifications of 18 C.F.R.§4.41(g). The Commission needs this information to determine whether the structure and design of the project is feasible and meets our requirements for a license. Exhibit F drawings contain critical energy infrastructure information (CEII) and should be labeled as such on the drawing, 18 C.F.R. §388.113(c). CEII is specific engineering, vulnerability, or detailed design information that relates to the production, generation, transmission, or distribution of energy. The Commission protects this information by restricting public access to CEII materials. For more information please see, .
The project drawings, size, and scale must conform to 18 C.F.R.§ 4.39, which states that all maps must be drawn to scale, must be legible, and must contain a title block with the drawing title, graphical and numerical scale, and other pertinent information concerning the drawing. These drawings must include the dimensions of important structures such as the dam and powerhouse, identify elevations such as the top of dam and normal maximum reservoir level, and include details of the generating units.
Project drawings of all major structures must include:
- Plans (overhead view);
- Elevation (front view);
- Profiles (side view); and
- Section drawings.
EXHIBIT G
Exhibit G is a map of the project and boundary and must conform to the specifications of18C.F.R. §4.41(h), which states that the project boundary data must be in a geo-referenced electronic format, include a vicinity map of the project area, and a detailed drawing that shows all principal features as a whole in relation to the affected waterway and other permanent geographical features. The Exhibit G drawing is a general location map that shows the physical project features, project boundary, and land ownership. The Commission needs this information to determine: which facilities are under the Commission’s jurisdiction; whether you own the land on which all project facilities are located; and the location of the project for future inspections.
Maps must:
- Show the location of all facilities and relationship to the nearest stream and town;
- Show the project boundary, which is a line enclosing all project works (including the powerhouse, reservoir, transmission line, and appurtenant facilities);
- Have three known reference points (i.e.GPS or latitude/longitude coordinates);
- Be stamped by a registered land surveyor;
- Conform with 18 C.F.R.§ 4.39 to have the appropriate size and scale;
- Be in geo-referenced format (each project feature and the coordinates for the reference points must be shown in relation on a map); and
- List all of the owners of property on which the project is located, including federal lands or reservations (e.g., U.S. Forest Service, Bureau of Land Management, or Indian Tribal lands) and non-federal lands that the applicant owns or plans to acquire or has rights to occupy or plans to acquire rights (e.g., leases or easements).
CONSULTATION
Consultation information lets the Commission know that you havenotified all relevant federal and state agencies, Indian tribes, non-governmental organizations, and interested parties of your proposal. Consultation also provides the agencies and the public an opportunity to voice any concerns or request any studies that may be relevant to the proposed project. Youmust document that all three stages of the consultation process in 18 C.F.R. § 4.38were fully satisfied.
Waivers
(1) On ______[date], ______[Applicant Name] informed agencies and affected Indian Tribes of its request to waive the following consultation requirements:
______
____ Copies of the letters (or other documentation) informing the agencies and affected Indian Tribes are attached.
(2) The following agencies and Indian Tribes support the waiver request:
______
____ Copies of the letters (or other documentation) of support are attached.
Stage 1 Consultation Requirements
______[Applicant Name] has complied with the Stage 1 consultation requirements of 18 C.F.R. § 4.38(b):
(1)Please see attached letters sent to the consulted entities. The letters provide a description of the proposed project and supporting information.
(2)On ______[date], ______[Applicant Name] held a joint meeting with the pertinent agencies.
(3)______[Applicant Name] informed and invited members of the public to attend the joint meeting. Please see the attached newspaper article, or other proof of notification of the joint meeting.
(4)______[Applicant Name] provided 60 days for the agencies to comment on the study requests.
Description of how the applicant’s proposal addresses the significant resource issues raised at the joint meeting. If no significant issues were raised, indicate below.
______
Copies of letters received from resource agencies and Indian tribes containing study requestsare attached.
Stage 2 Consultation Requirements
______[Applicant Name] has complied with the Stage 2 consultation requirements of 18 C.F.R. § 4.38(c):
(1)List any studies that the agencies requested or specify that no studies were requested. Provide the results of those studies or an explanation of the reason for not conducting those studies.
______
(2)Please see attached letters showing that ______[Applicant Name] has provided the agencies with:
- A copy of the draft application;
- Results of all of the studies;
- A written request for review and comment.
(3)______[Applicant Name] provided 90 days for the agencies to comment on the draft application prior to filing the final application with the Commission.
(4)____A meeting was held on ______[date] to discuss substantive disagreements with applicant’s conclusions regarding resource impacts or its proposed protection, mitigation, and enhancement measures in the draft application.
_____No substantive disagreements were submitted.
(5) Description of any remaining disagreements with a resource agency or Indian tribe on the need to study or the manner in which a study should be conducted and the applicant’s reasons for disagreement and information on any environmental protection, mitigation, or enhancement measures, including the basis for applicant’s disagreement with the resource agency or Indian tribe. If no disagreements, indicate below.
______
_____ Copies of letters received from resource agencies, Indian tribes, or the public containing comments and recommendations are attached.
Stage 3 Consultation Requirements
______[Applicant Name] has complied with the Stage 3 consultation requirements of 18 C.F.R. § 4.38(d):
______[Applicant Name] provided copies of the application as filed with the Commission on ______(date) to the following resource agencies, Indian tribes, other government offices, and consulted members of the public:
______
_____ A copy of the transmittal letter certifying that the application has been sent to the listed agencies is attached.
COMPREHENSIVE PLANS
Explanation of how and why the project would, would not, or should not, comply with any relevant comprehensive plan as defined in 18 C.F.R. § 2.19 and a description of any relevant resource agency or Indian tribe determination regarding the consistency of the project with any such comprehensive plan. A list of comprehensive can be found at
______
GENERAL CONTENT REQUIREMENTS [4.32(a)]
(1) Identify land and water rights that the applicant has or intends to obtain that are necessary to construct, operate, or maintain the project:
______
(2) Names and mailing addresses are provided for the following (if none, indicate so):
(i) Every county in which any part of the project, and any Federal facilities that would be used by the project, would be located:
______
(ii) Every city, town, or similar local political subdivision:
(A) In which any part of the project, and any Federal facilities that would be used by the project, would be located; or
______
(B) That has a population of 5,000 or more people and is located within 15 miles of the project dam;
______
(iii) Every irrigation district, drainage district, or similar special purpose political subdivision:
(A) In which any part of the project, and any Federal facilities that would be used by the project, would be located; or
______
(B) That owns, operates, maintains, or uses any project facilities or any Federal facilities that would be used by the project;
______
(iv) Every other political subdivision in the general area of the project that there is reason to believe would likely be interested in, or affected by, the application; and
______
(v) Indian tribes may be affected by the project:
______
VERIFICATION
You must provide Verification in one of the following forms:
Either a sworn, notarized statement, which states:
1.As to any facts alleged in the application or other materials filed, be subscribed and verified under oath in the form set forth below by the person filing, an officer thereof, or other person having knowledge of the matters sent forth. If the subscription and verification is by anyone other than the person filing or an officer thereof, it shall include a statement of the reasons therefor.
This (application, etc.) is executed in the:
State of:______
County of:______
by:(Name) ______
(Address)______
being duly sworn, depose(s) and say(s) that the contents of this (application, etc.) are true to the best of (his or her) knowledge or belief. The undersigned applicant(s) has (have) signed the (application, etc.) this ______day of ______, 20____.
By:______
Subscribed and sworn to before me, a ______[Notary Public, or title of other official authorized by the state to notarize documents, as appropriate] of the State of ______this day of ______, 20____.
/SEAL/ [if any]
______
(Notary Public, or other authorized official)
[See 18 C.F.R. § 4.32(a)(4)(ii)]
Or an unsworn declaration in the following form:
2.“I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on ______[date].”
______
(Signature)
[See 28 U.S.C. § 1746 and 18 C.F.R. 385.2005(b)(3)]
ATTACHMENTS
____Exhibit F (project drawings)
____Exhibit G (project maps)
____Detailed single-line electrical diagram[Exhibit A, item (8)]
Documentation of Consultation (as appropriate)
Waiver Request
____Letters (or other documentation) notifying agencies and affected Indian Tribes of waiver request
____Letters(or other documentation) from agencies and affected Indian Tribes supporting the waiver request
Stage 1
____Initial letters sent to the consulted entities requesting comments
____Newspaper article or other proof of notification of the joint meeting
____Copies of letters received from resource agencies and Indian tribes containing study requests
Stage 2
____Letters documenting that a copy of the draft application; results of all of the studies; and a written request for review and comment were sent to agencies
____Copies of letters received from resource agencies, Indian tribes, or the public containing comments and recommendations
Stage 3
____A copy of the transmittal letter certifying that the application has been sent to the consulted agencies
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