Overview​

 

In order for SEAPA to operate the Tyee Lake Hydroelectric Project, they must obtain and retain an operating license from the Federal Energy Regulatory Commission (FERC). The Federal Power Act (FPA) gives FERC the exclusive authority to issue licenses to construct, operate, and maintain certain non-federal hydropower projects. A license is issued for a specific period of time (typically 40 years), and the Licensee must reapply for a new license prior to the expiration of an existing license. This application process is called “relicensing.” The relicensing process addresses not only a project’s electrical generation, but also the natural resources present at a project that may be affected, both positively and negatively, by the project’s continued operation. FERC is required by federal law to consider both power and non-power issues when relicensing hydroelectric facilities. 

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SEAPA plans to use FERC’s Traditional Licensing Process (TLP) to relicense the Tyee Lake Project. The TLP offers flexible timelines and allows the applicant to more collaboratively work with resource agencies and stakeholders throughout the relicensing process. SEAPA’s use of the TLP is contingent upon receiving final approval from FERC. 

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Relicensing via the TLP is an approximately 5-year process that is split into three stages. In the First Stage, the Licensee issues its notice of intent to relicense, Preliminary Application Document (PAD), and request to utilize the TLP with FERC, agencies, Native Alaskan tribes, and stakeholders (collectively referred to as stakeholders). Stakeholders review the PAD and the applicant hosts a joint agency/public meeting and site visit at the Project. Stakeholders then provide written comments and study requests for the relicensing effort. In Stage Two, the Licensee completes reasonable and necessary studies. At the close of studies, the Licensee then provides stakeholders with a draft license application inclusive of study results. Stakeholders may provide comments on the Draft License Application. The Third Stage involves the Licensee’s review of final comments and filing of the Final License Application with FERC and stakeholders. Upon receipt of the Application, FERC reviews the Final License Application to ensure all requirements and regulations are met. Typically, within two years of Final License Application submittal, FERC prepares and issues a National Environmental Policy Act (NEPA) environmental analysis document, and FERC Authorization (License Order for continued operation). 

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Figure 1 below depicts a high-level overview of the TLP. Additional information regarding hydroelectric project relicensing is available on FERC’s website at www.ferc.gov.