| DEIS Comments |
| License Documents |
| Post-Filing Documents |
| Spokane River |
| License Application |
| Washington 401 Certification Application |
| Post Falls |
| License Application |
The Relicensing Process
The Federal Power Act (FPA) of 1920 provides the
Federal Energy Regulatory Commission (FERC) exclusive
authority to license all nonfederal hydroelectric projects that are located on navigable waterways or federal
lands. New licenses are normally issued for a period of 30 to 50 years.
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The FERC relicensing process requires years of extensive planning, including environmental studies, agency
consensus and public involvement. The Federal Power Act (FPA) was amended in 1986 by the Electric Consumers
Protection Act (ECPA). The amended law requires that FERC give equal consideration to the non-generating
benefits of the natural resource (fish, wildlife, aesthetics, water quality, land use, and recreational
resources, for example) along with the benefit of power production. This range of issues is addressed through
a consultation process, outlined in FERC rules. In addition, other reviewing and conditioning authorities
come into play, including the National Environmental Policy Act (NEPA), the Clean Water Act, the Endangered
Species Act, and several portions of the Federal Power Act that create specific licensing conditioning
authorities.
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Consequently, the relicensing process can be very complicated, and at times has led to extended conflict between interests. In an effort to resolve the range of issues in a more productive fashion, relicensing efforts have more recently shifted to provide increased opportunity to collaborate on issue resolution. This shift, recognized as the "Alternative Licensing Procedures," (ALP) also aims to improve coordination between the various authorities that come into play during relicensing. The ALP is discussed in more detail under "Collaborative Approach".