The Federal Energy Regulatory Commission (FERC) has initiated a formal inquiry into whether certain routine operations at licensed hydropower facilities should be approved under blanket authorisations rather than individual case-by-case orders. This move is part of a broader effort to streamline federal permitting of energy infrastructure.
At its meeting on November 20, the Commission voted to issue two Notices of Inquiry (NOIs). One (Docket RM26-3-000) seeks comment on changes to the hydropower licensing process under the Federal Power Act (FPA) – specifically on whether maintenance, repairs, upgrades and other post-licencing activities at hydroelectric projects can proceed without project-specific FERC orders.
The other NOI (Docket RM26-2-000) covers similar procedural questions for LNG facilities.
FERC Chair Laura Swett said: “Energy infrastructure needs to be built now, and existing projects need to be maintained efficiently to ensure grid reliability today and in the future. We are taking a hard look at our processes and ways we can simplify certain activities.”
Hydropower facilities operating under FERC licences must obtain authorisation for many kinds of changes, even post-licence. The National Hydropower Association (NHA) in the US has long maintained that the process of licensing, relicensing and amendments is burdensome. For example, the NHA has noted that nearly half of the non-federal US hydropower fleet is due for licence renewal by 2035, and that delays and high costs are causing licensees in some cases to consider decommissioning rather than relicensing.
In their view, allowing defined “routine” activities under blanket authorisations could reduce regulatory burden, give project owners greater certainty and support grid reliability.
With the NOI in place, FERC will collect stakeholder input on which types of hydropower activities could be eligible for blanket authorisation and under what terms — safety, environmental protection, maintenance of fish-passage and other conditions remain key considerations. After the comment period ends, FERC may propose rule changes or adopt new policies.
Comments on the hydropower NOI are due 60 days after publication in the Federal Register.
