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Hydropower Reform and the FERC Process

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?.

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Hydropower Reform and the FERC Process

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  1. Hydropower Reform and the FERC Process

  2. 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!

  3. Why Hydropower Reform? Why Hydropower Reform? Why Hydropower Reform?

  4. Devastating Impacts to Rivers, Wildlife, and Recreation

  5. Hydropower has Been Run for Years Without Modern Environmental Protections • Clean Water Act (1972) • Endangered Species Act (1973) • National Environmental Policy Act (1969)

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

  7. 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

  8. Issues to Address During the Relicensing Process • Instream flow • Recreation • Aquatic habitat • Water Quality • Safety • Access • Lake Levels • Land Protection • Fish Passage

  9. Traditional Approach Application Filed 3-stage consultation NEPA License Decision Pre-application process begins Amendment

  10. Application Filed 3-Stage Consultation Third Stage Traditional Approach Comment on Draft Application * Draft Application Study Completion Second Stage FERC Dispute Resolution? Comments and Decision on Studies * ICP & Joint meeting * First Stage Notice of intent Pre-application process begins

  11. Application Filed Public Notice of Application (Tendering) Additional Study Requests, if any * Adequacy Review Request for 401 WQ Cert Public Notice (Acceptance) Comments & Interventions * Scoping Notice & Scoping Document 1 AIR and response to additional studies Scoping Meeting * Scoping Comments * Scoping Document 2 and AIR REA Notice NEPA Rec., mandatory conditions * Traditional Approach Draft NEPA Document NEPA Comments * 10(j) meeting Final NEPA Document License Decision

  12. 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

  13. 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

  14. Current Projects undergoing relicensing in Alabama • Coosa • Black Warrior • Martin Project, Tallapoosa River

  15. 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

  16. Great Resources are out There • www.Hydroreform.org Hydropower Licensing Guide Activists’ Preparation Guide Shorelands Guide Science Guide • www.FERC.gov Elibrary Citizen’s Guide to Relicensing

  17. 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

  18. Questions? Matt Rice Associate Director Southeast Region American Rivers Phone:803-771-7506 Email: mrice@americanrivers.org

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