81_FR_85445 81 FR 85218 - Establishing the Length of License Terms for Hydroelectric Projects

81 FR 85218 - Establishing the Length of License Terms for Hydroelectric Projects

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 81, Issue 227 (November 25, 2016)

Page Range85218-85220
FR Document2016-28195

The Federal Energy Regulatory Commission (Commission) is inviting comments on what changes, if any, the Commission should make to its policy for establishing the length of original and new license terms for hydroelectric projects.

Federal Register, Volume 81 Issue 227 (Friday, November 25, 2016)
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Notices]
[Pages 85218-85220]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28195]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM17-4-000]


Establishing the Length of License Terms for Hydroelectric 
Projects

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION:  Notice of Inquiry.

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SUMMARY:  The Federal Energy Regulatory Commission (Commission) is 
inviting comments on what changes, if any, the Commission should make 
to its policy for establishing the length of original and new license 
terms for hydroelectric projects.

DATES:  Comments are due January 24, 2017.

ADDRESSES:  Comments, identified by docket number, may be filed in the 
following ways:
     Electronic Filing through http://www.ferc.gov. Documents 
created electronically using word processing software should be filed 
in native applications or print-to-PDF format and not in a scanned 
format.
     Mail/Hand Delivery: Those unable to file electronically 
may mail or hand-deliver comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments, see 
the Comment Procedures section of this document.

FOR FURTHER INFORMATION CONTACT:
Nick Jayjack, (Technical Information), Office of Energy Projects, 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, (202) 502-6073.
Carolyn Clarkin, (Legal Information), Office of the General Counsel--
Energy Projects, Federal Energy Regulatory Commission, 888 First Street 
NE., Washington, DC 20426, (202) 502-8563.

SUPPLEMENTARY INFORMATION: 
    1. In this Notice of Inquiry, the Federal Energy Regulatory 
Commission (Commission) seeks comment on whether, and, if so, how the 
Commission should revise its policy for establishing the length of 
original and new licenses it issues for hydroelectric projects.

I. Background

    2. Section 6 of the Federal Power Act (FPA) \1\ provides that 
hydropower licenses shall be issued for a term not to exceed 50 years. 
There is no minimum license term for original licenses. FPA section 
15(e) \2\ provides that any new license (i.e., relicense) shall be for 
a term that the Commission determines to be in the public interest, but 
not less than 30 years or more than 50 years.
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    \1\ 16 U.S.C. 799 (2012).
    \2\ 16 U.S.C. 808(e) (2012).
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    3. It is current Commission policy to set a 50-year term for 
licenses issued for projects located at federal dams.\3\ For projects 
located at non-federal dams, the Commission's current policy is to set 
a 30-year term where there is little or no authorized redevelopment, 
new construction, or environmental mitigation and enhancement; a 40-
year term for a license involving a moderate amount of these 
activities; and a 50-year term where there is an extensive amount of 
such activity.\4\ The purpose of this policy is to ease the economic 
impact of new costs, promote balanced and comprehensive development of 
renewable power generating resources, and encourage licensees to be 
better environmental stewards.\5\
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    \3\ See City of Danville, Virginia, 58 FERC ] 61,318, at 62,020 
(1992).
    \4\ See id. (addressing original licenses); Consumers Power Co., 
68 FERC ] 61,077, at 61,384 (1994) (addressing relicenses).
    \5\ Consumers Power Co., 68 FERC ] 61,077 at 61,384.
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    4. Determining whether the measures required under a license are 
minimal, moderate, or extensive is highly case-sensitive and largely 
based on a qualitative analysis of the record before the Commission. In 
establishing the appropriate license term, staff initially examines the 
nature and extent of the required measures in the context of the 
project at issue,\6\ and then uses the cost of measures as a check on a 
qualitative conclusion that measures required under a relicense are 
minimal, moderate, or extensive. Further, the Commission's policy is to 
take a forward-looking approach, such that measures adopted under a 
previous license term are not considered.\7\ It has also been the 
Commission's policy to set license terms that coordinate, to the extent 
feasible, the license terms for projects in the same river basin to 
maximize future consideration of cumulative impacts at the same time 
the projects are due to be relicensed.\8\
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    \6\ For example, one type of fishway may be more expensive than 
another, and a fishway type that might be considered extensive for a 
small project could be seen as minimal for a larger one.
    \7\ See, e.g., Duke Energy Carolinas, LLC (Duke Energy), 156 
FERC ] 61,010, at P 19 (2016); Public Utility District No. 1 of 
Chelan County, Washington (Chelan PUD), 127 FERC ] 61,152, at PP 12-
14 (2009); Ford Motor Co., 110 FERC ] 61,236, at PP 6-8 (2005).
    \8\ See, e.g., 18 CFR 2.23 (2016); Chelan PUD, 127 FERC ] 61,152 
at P 18.
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    5. The length of an original license has not been contested on 
rehearing for some time. The length of a new license, however, has 
recently been contested in several relicensing proceedings. The 
arguments raised in these cases include that the Commission, when 
establishing the license term, should have considered, or given more 
weight to: Capacity-related investments or environmental enhancements 
made by the licensee during the current license and before issuance of 
the new license; \9\ total cost of the relicensing process; \10\ losses 
in generation value related to environmental measures; \11\ the license 
terms of projects that the licensee states are similarly situated to 
its project; \12\ and the license term provided for in settlement 
agreements.\13\ In each circumstance, the Commission declined to 
deviate from its current policy to extend the length of the license.
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    \9\ See, e.g., Duke Energy, 156 FERC ] 61,010 at PP 9-26; 
Alabama Power Co., 155 FERC ] 61,080, at P 72 (2016); Public Utility 
District No. 1 of Douglas County, Washington (Douglas PUD), 143 FERC 
] 61,130, at PP 12-14 (2013); Chelan PUD, 127 FERC ] 61,152 at PP 
12-14; Georgia Power Co., 111 FERC ] 61,183, at PP 10-15 (2005); 
Ford Motor Co., 110 FERC ] 61,236 at PP 6-8.
    \10\ See, e.g., Duke Energy, 156 FERC ] 61,010 at P 14.
    \11\ See, e.g., id. P 12.
    \12\ See, e.g., Duke Energy, 156 FERC ] 61,010 at PP 20-23; 
Alabama Power Co., 155 FERC ] 61,080 at PP 71, 75; Duke Energy 
Progress, Inc., 153 FERC ] 61,056, at PP 39, 42 (2015); Douglas PUD, 
143 FERC ] 61,130 at P 15.
    \13\ See, e.g., Duke Energy Progress, Inc., 153 FERC ] 61,056 at 
PP 40, 44; Douglas PUD, 143 FERC ] 61,130 at PP 18-19; Chelan PUD, 
127 FERC ] 61,152 at PP 16-17.
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II. Subject of the Notice of Inquiry

    6. The Commission seeks comments on whether, and, if so, how the 
Commission should revise its policy for establishing license terms for 
projects located at non-federal dams. Below, we outline five potential 
options that

[[Page 85219]]

Commission staff has identified for establishing license terms: (1) 
Retain the existing license term policy; (2) add to the existing 
license term policy the consideration of measures implemented under the 
prior license; (3) replace the existing license term policy with a 50-
year default license term unless the Commission determines that a 
lesser license term would be in the public interest (for example, to 
better coordinate, to the extent feasible, the license terms for 
projects in the same river basin for future consideration of cumulative 
impacts); (4) add a more quantitative cost-based analysis to the 
existing license term policy; and (5) alter current policy to accept 
the longer license term agreed upon in an applicable settlement 
agreement, when appropriate. We encourage comments on these options, as 
well as the suggestion of any other alternatives. While the Commission 
will consider comments filed, the Commission may not, and is not 
required to, take further action.

A. Retain Existing License Term Policy

    7. The Commission could retain its current policy to set a 30-year 
term where there is little or no authorized redevelopment, new 
construction, or environmental mitigation and enhancement; a 40-year 
term where there is a moderate amount of these activities; and a 50-
year term where there is an extensive amount of such activity. The 
Commission seeks comment on whether it should retain its current 
license term policy and on the following questions:
    i. What challenges does the Commission's current license term 
policy pose?
    ii. Does the Commission's current license term policy discourage 
licensees from investing in environmental and recreational enhancements 
or in development improvements (e.g., efficiency upgrades or project 
expansions) before relicensing? How so? What other factors affect 
whether and when a licensee makes such project enhancements or 
improvements?
    iii. Does a license term affect a licensee's ability to finance its 
project, and if so, how?
    iv. Does the Commission's license term policy affect the likelihood 
of parties reaching settlement agreements? How so?
    v. Does the current license term policy have benefits for 
stakeholders and affected resources? If so, please describe these 
benefits.

B. Consider Measures Implemented During a Prior License Term

    8. In addition to considering measures required under the new 
license, the Commission could, when establishing the license term, 
consider measures implemented under the prior license.\14\ The 
Commission would have to determine which measures to consider (i.e., 
the timing and type of measures), and whether the considered measures 
justify a 30-, 40-, or 50-year license term. The Commission seeks 
comment on this policy option and on the following questions:
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    \14\ ``Early'' measures could include: measures that the 
licensee implemented through an amendment of its existing license 
where such amendment did not extend the existing license term, and 
measures implemented by a licensee that were permissible under but 
not required by the existing license.
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    i. Why should the Commission consider early measures when 
establishing a license term?
    ii. What measures should be considered under ``early measures'' and 
why? Should the Commission consider all early measures, including 
developmental, environmental, recreation, and maintenance activities? 
Are there certain types of measures that the Commission should not 
consider?
    iii. How would the Commission's consideration of early measures 
affect whether and when licensees make non-developmental and 
developmental improvements?
    iv. How should the Commission limit the scope of early measures 
considered? Should the Commission only consider activities conducted 
within a certain number of years of relicensing?

C. 50-Year Default License Term

    9. The Commission could establish 50 years as the default license 
term. A lesser license term could be set to coordinate, to the extent 
feasible, the license terms for projects in the same river basin for 
future consideration of cumulative impacts or for other appropriate 
reasons. Under the 50-year default option, parties other than the 
licensee would bear the burden of arguing that the license term should 
be less than 50 years. The Commission seeks comment on establishing a 
50-year default license term and on the following questions:
    i. What would be the benefit(s) of the Commission establishing a 
50-year default license term?
    ii. What factors, other than the coordination of license terms for 
projects in the same river basin, would weigh against the presumption 
of a 50-year default license term?
    iii. How would the default term affect license settlements and 
negotiations?

D. Quantitative Cost-Based Analysis

    10. The Commission could include a more quantitative cost-based 
analysis that factors-in project size and capacity into its license 
term policy. The Commission seeks comment on using a more quantitative 
cost-based analysis to establish a license term and on the following 
questions:
    i. What costs should the Commission consider in a quantitative 
analysis?
    ii. How should cost be calculated? Should cost be calculated on a 
total cost or a on a cost per megawatt basis?
    iii. What weight should the Commission give to costs when 
establishing the license term?
    iv. The Commission licenses an array of small and large projects. 
How could the Commission account for project size and capacity when 
considering project costs?
    v. Commission staff relies on the cost information provided by the 
licensees. How could the Commission ensure the reliability of the cost 
information and to what extent would consideration of this type of 
information affect the licensing process?

E. Agreed-Upon Settlement Term

    11. The Commission could establish the license term based on the 
term negotiated in a settlement agreement when appropriate. The 
Commission seeks comment on this policy option and on the following 
questions:
    i. How would establishing the license term based on the term agreed 
upon in a settlement agreement affect settlement negotiations?
    ii. When should the Commission not defer to the license term agreed 
upon in a settlement agreement?

III. Comment Procedures

    12. The Commission invites interested persons to submit comments 
and other information on the matters, issues, and specific questions 
identified in this notice, and any alternative proposals that 
commenters may wish to discuss. Comments are due January 24, 2017. 
Comments must refer to Docket No. RM17-4-000, and must include the 
commenter's name, the organization they represent, if applicable, and 
their address.
    13. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software should be filed in native applications or print-to-PDF format 
and not in a scanned format.

[[Page 85220]]

Commenters filing electronically do not need to make a paper filing.
    14. Commenters that are not able to file comments electronically 
must send an original of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    15. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

IV. Document Availability

    16. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
Internet through the Commission's Home Page (http://www.ferc.gov) and 
in the Commission's Public Reference Room during normal business hours 
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, 
Washington, DC 20426.
    17. From the Commission's Home Page on the Internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    18. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from the Commission's Online 
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

    By direction of the Commission.

    Issued: November 17, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-28195 Filed 11-23-16; 8:45 am]
 BILLING CODE 6717-01-P



                                                    85218                       Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices

                                                    accessibility accommodations, please                      Projects, Federal Energy Regulatory                    conclusion that measures required
                                                    send an email to accessibility@ferc.gov                   Commission, 888 First Street NE.,                      under a relicense are minimal,
                                                    or call toll free 1–866–208–3372 (voice)                  Washington, DC 20426, (202) 502–                       moderate, or extensive. Further, the
                                                    or 202–208–1659 (TTY), or send a FAX                      8563.                                                  Commission’s policy is to take a
                                                    to 202–208–2106 with the required                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                                     forward-looking approach, such that
                                                    accommodations.                                           1. In this Notice of Inquiry, the                      measures adopted under a previous
                                                      For more information about the EQR                    Federal Energy Regulatory Commission                     license term are not considered.7 It has
                                                    Users Group meeting, please contact                     (Commission) seeks comment on                            also been the Commission’s policy to set
                                                    Don Callow of the Commission’s Office                   whether, and, if so, how the                             license terms that coordinate, to the
                                                    of Enforcement at (202) 502–8838, or                    Commission should revise its policy for                  extent feasible, the license terms for
                                                    send an email to EQRUsersGroup@                         establishing the length of original and                  projects in the same river basin to
                                                    ferc.gov.                                               new licenses it issues for hydroelectric                 maximize future consideration of
                                                      Dated: November 17, 2016.                                                                                      cumulative impacts at the same time the
                                                                                                            projects.
                                                    Kimberly D. Bose,
                                                                                                                                                                     projects are due to be relicensed.8
                                                                                                            I. Background                                               5. The length of an original license
                                                    Secretary.                                                                                                       has not been contested on rehearing for
                                                    [FR Doc. 2016–28328 Filed 11–23–16; 8:45 am]               2. Section 6 of the Federal Power Act
                                                                                                            (FPA) 1 provides that hydropower                         some time. The length of a new license,
                                                    BILLING CODE 6717–01–P                                                                                           however, has recently been contested in
                                                                                                            licenses shall be issued for a term not
                                                                                                                                                                     several relicensing proceedings. The
                                                                                                            to exceed 50 years. There is no
                                                                                                                                                                     arguments raised in these cases include
                                                    DEPARTMENT OF ENERGY                                    minimum license term for original
                                                                                                                                                                     that the Commission, when establishing
                                                                                                            licenses. FPA section 15(e) 2 provides
                                                                                                                                                                     the license term, should have
                                                    Federal Energy Regulatory                               that any new license (i.e., relicense)
                                                                                                                                                                     considered, or given more weight to:
                                                    Commission                                              shall be for a term that the Commission
                                                                                                                                                                     Capacity-related investments or
                                                                                                            determines to be in the public interest,
                                                    [Docket No. RM17–4–000]                                                                                          environmental enhancements made by
                                                                                                            but not less than 30 years or more than
                                                                                                                                                                     the licensee during the current license
                                                    Establishing the Length of License                      50 years.
                                                                                                                                                                     and before issuance of the new license; 9
                                                    Terms for Hydroelectric Projects                           3. It is current Commission policy to
                                                                                                                                                                     total cost of the relicensing process; 10
                                                                                                            set a 50-year term for licenses issued for
                                                    AGENCY: Federal Energy Regulatory                                                                                losses in generation value related to
                                                                                                            projects located at federal dams.3 For
                                                    Commission, Department of Energy.                                                                                environmental measures; 11 the license
                                                                                                            projects located at non-federal dams, the
                                                                                                                                                                     terms of projects that the licensee states
                                                    ACTION: Notice of Inquiry.                              Commission’s current policy is to set a                  are similarly situated to its project; 12
                                                                                                            30-year term where there is little or no                 and the license term provided for in
                                                    SUMMARY:    The Federal Energy                          authorized redevelopment, new
                                                    Regulatory Commission (Commission) is                                                                            settlement agreements.13 In each
                                                                                                            construction, or environmental                           circumstance, the Commission declined
                                                    inviting comments on what changes, if                   mitigation and enhancement; a 40-year
                                                    any, the Commission should make to its                                                                           to deviate from its current policy to
                                                                                                            term for a license involving a moderate                  extend the length of the license.
                                                    policy for establishing the length of                   amount of these activities; and a 50-year
                                                    original and new license terms for                      term where there is an extensive amount                  II. Subject of the Notice of Inquiry
                                                    hydroelectric projects.                                 of such activity.4 The purpose of this                      6. The Commission seeks comments
                                                    DATES: Comments are due January 24,                     policy is to ease the economic impact of                 on whether, and, if so, how the
                                                    2017.                                                   new costs, promote balanced and                          Commission should revise its policy for
                                                    ADDRESSES: Comments, identified by                      comprehensive development of                             establishing license terms for projects
                                                    docket number, may be filed in the                      renewable power generating resources,                    located at non-federal dams. Below, we
                                                    following ways:                                         and encourage licensees to be better                     outline five potential options that
                                                      • Electronic Filing through http://                   environmental stewards.5
                                                    www.ferc.gov. Documents created                            4. Determining whether the measures                      7 See, e.g., Duke Energy Carolinas, LLC (Duke

                                                    electronically using word processing                    required under a license are minimal,                    Energy), 156 FERC ¶ 61,010, at P 19 (2016); Public
                                                    software should be filed in native                      moderate, or extensive is highly case-                   Utility District No. 1 of Chelan County, Washington
                                                                                                                                                                     (Chelan PUD), 127 FERC ¶ 61,152, at PP 12–14
                                                    applications or print-to-PDF format and                 sensitive and largely based on a                         (2009); Ford Motor Co., 110 FERC ¶ 61,236, at PP
                                                    not in a scanned format.                                qualitative analysis of the record before                6–8 (2005).
                                                      • Mail/Hand Delivery: Those unable                    the Commission. In establishing the                         8 See, e.g., 18 CFR 2.23 (2016); Chelan PUD, 127

                                                    to file electronically may mail or hand-                appropriate license term, staff initially                FERC ¶ 61,152 at P 18.
                                                                                                                                                                        9 See, e.g., Duke Energy, 156 FERC ¶ 61,010 at PP
                                                    deliver comments to: Federal Energy                     examines the nature and extent of the                    9–26; Alabama Power Co., 155 FERC ¶ 61,080, at
                                                    Regulatory Commission, Secretary of the                 required measures in the context of the                  P 72 (2016); Public Utility District No. 1 of Douglas
                                                    Commission, 888 First Street NE.,                       project at issue,6 and then uses the cost                County, Washington (Douglas PUD), 143 FERC ¶
                                                    Washington, DC 20426.                                   of measures as a check on a qualitative                  61,130, at PP 12–14 (2013); Chelan PUD, 127 FERC
                                                      Instructions: For detailed instructions                                                                        ¶ 61,152 at PP 12–14; Georgia Power Co., 111 FERC
                                                                                                                                                                     ¶ 61,183, at PP 10–15 (2005); Ford Motor Co., 110
                                                    on submitting comments, see the                           1 16  U.S.C. 799 (2012).                               FERC ¶ 61,236 at PP 6–8.
                                                    Comment Procedures section of this                        2 16  U.S.C. 808(e) (2012).                               10 See, e.g., Duke Energy, 156 FERC ¶ 61,010 at

                                                    document.                                                  3 See City of Danville, Virginia, 58 FERC ¶ 61,318,
                                                                                                                                                                     P 14.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            at 62,020 (1992).                                           11 See, e.g., id. P 12.
                                                    FOR FURTHER INFORMATION CONTACT:                           4 See id. (addressing original licenses); Consumers      12 See, e.g., Duke Energy, 156 FERC ¶ 61,010 at
                                                    Nick Jayjack, (Technical Information),                  Power Co., 68 FERC ¶ 61,077, at 61,384 (1994)            PP 20–23; Alabama Power Co., 155 FERC ¶ 61,080
                                                      Office of Energy Projects, Federal                    (addressing relicenses).                                 at PP 71, 75; Duke Energy Progress, Inc., 153 FERC
                                                                                                               5 Consumers Power Co., 68 FERC ¶ 61,077 at
                                                      Energy Regulatory Commission, 888                                                                              ¶ 61,056, at PP 39, 42 (2015); Douglas PUD, 143
                                                                                                            61,384.                                                  FERC ¶ 61,130 at P 15.
                                                      First Street NE., Washington, DC                         6 For example, one type of fishway may be more           13 See, e.g., Duke Energy Progress, Inc., 153 FERC
                                                      20426, (202) 502–6073.                                expensive than another, and a fishway type that          ¶ 61,056 at PP 40, 44; Douglas PUD, 143 FERC ¶
                                                    Carolyn Clarkin, (Legal Information),                   might be considered extensive for a small project        61,130 at PP 18–19; Chelan PUD, 127 FERC ¶
                                                      Office of the General Counsel—Energy                  could be seen as minimal for a larger one.               61,152 at PP 16–17.



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                                                                                Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices                                             85219

                                                    Commission staff has identified for                     B. Consider Measures Implemented                        D. Quantitative Cost-Based Analysis
                                                    establishing license terms: (1) Retain the              During a Prior License Term                               10. The Commission could include a
                                                    existing license term policy; (2) add to                   8. In addition to considering measures               more quantitative cost-based analysis
                                                    the existing license term policy the                    required under the new license, the                     that factors-in project size and capacity
                                                    consideration of measures implemented                   Commission could, when establishing                     into its license term policy. The
                                                    under the prior license; (3) replace the                the license term, consider measures                     Commission seeks comment on using a
                                                    existing license term policy with a 50-                 implemented under the prior license.14                  more quantitative cost-based analysis to
                                                    year default license term unless the                    The Commission would have to                            establish a license term and on the
                                                    Commission determines that a lesser                     determine which measures to consider                    following questions:
                                                    license term would be in the public                     (i.e., the timing and type of measures),                  i. What costs should the Commission
                                                    interest (for example, to better                        and whether the considered measures                     consider in a quantitative analysis?
                                                    coordinate, to the extent feasible, the                 justify a 30-, 40-, or 50-year license                    ii. How should cost be calculated?
                                                    license terms for projects in the same                  term. The Commission seeks comment                      Should cost be calculated on a total cost
                                                    river basin for future consideration of                 on this policy option and on the                        or a on a cost per megawatt basis?
                                                    cumulative impacts); (4) add a more                     following questions:                                      iii. What weight should the
                                                    quantitative cost-based analysis to the                    i. Why should the Commission                         Commission give to costs when
                                                    existing license term policy; and (5)                   consider early measures when                            establishing the license term?
                                                    alter current policy to accept the longer               establishing a license term?                              iv. The Commission licenses an array
                                                    license term agreed upon in an                             ii. What measures should be                          of small and large projects. How could
                                                    applicable settlement agreement, when                   considered under ‘‘early measures’’ and                 the Commission account for project size
                                                    appropriate. We encourage comments                      why? Should the Commission consider                     and capacity when considering project
                                                    on these options, as well as the                        all early measures, including                           costs?
                                                    suggestion of any other alternatives.                   developmental, environmental,                             v. Commission staff relies on the cost
                                                    While the Commission will consider                      recreation, and maintenance activities?                 information provided by the licensees.
                                                    comments filed, the Commission may                      Are there certain types of measures that                How could the Commission ensure the
                                                    not, and is not required to, take further               the Commission should not consider?
                                                                                                                                                                    reliability of the cost information and to
                                                    action.                                                    iii. How would the Commission’s
                                                                                                                                                                    what extent would consideration of this
                                                                                                            consideration of early measures affect
                                                    A. Retain Existing License Term Policy                  whether and when licensees make non-                    type of information affect the licensing
                                                                                                            developmental and developmental                         process?
                                                       7. The Commission could retain its                   improvements?                                           E. Agreed-Upon Settlement Term
                                                    current policy to set a 30-year term                       iv. How should the Commission limit
                                                    where there is little or no authorized                  the scope of early measures considered?                    11. The Commission could establish
                                                    redevelopment, new construction, or                     Should the Commission only consider                     the license term based on the term
                                                    environmental mitigation and                            activities conducted within a certain                   negotiated in a settlement agreement
                                                    enhancement; a 40-year term where                       number of years of relicensing?                         when appropriate. The Commission
                                                    there is a moderate amount of these                                                                             seeks comment on this policy option
                                                    activities; and a 50-year term where                    C. 50-Year Default License Term                         and on the following questions:
                                                    there is an extensive amount of such                       9. The Commission could establish 50                    i. How would establishing the license
                                                    activity. The Commission seeks                          years as the default license term. A                    term based on the term agreed upon in
                                                    comment on whether it should retain its                 lesser license term could be set to                     a settlement agreement affect settlement
                                                    current license term policy and on the                  coordinate, to the extent feasible, the                 negotiations?
                                                    following questions:                                    license terms for projects in the same                     ii. When should the Commission not
                                                                                                            river basin for future consideration of                 defer to the license term agreed upon in
                                                       i. What challenges does the                                                                                  a settlement agreement?
                                                    Commission’s current license term                       cumulative impacts or for other
                                                    policy pose?                                            appropriate reasons. Under the 50-year                  III. Comment Procedures
                                                                                                            default option, parties other than the
                                                       ii. Does the Commission’s current                    licensee would bear the burden of                         12. The Commission invites interested
                                                    license term policy discourage licensees                arguing that the license term should be                 persons to submit comments and other
                                                    from investing in environmental and                     less than 50 years. The Commission                      information on the matters, issues, and
                                                    recreational enhancements or in                         seeks comment on establishing a 50-year                 specific questions identified in this
                                                    development improvements (e.g.,                         default license term and on the                         notice, and any alternative proposals
                                                    efficiency upgrades or project                          following questions:                                    that commenters may wish to discuss.
                                                    expansions) before relicensing? How so?                    i. What would be the benefit(s) of the               Comments are due January 24, 2017.
                                                    What other factors affect whether and                   Commission establishing a 50-year                       Comments must refer to Docket No.
                                                    when a licensee makes such project                      default license term?                                   RM17–4–000, and must include the
                                                    enhancements or improvements?                              ii. What factors, other than the                     commenter’s name, the organization
                                                       iii. Does a license term affect a                    coordination of license terms for                       they represent, if applicable, and their
                                                    licensee’s ability to finance its project,              projects in the same river basin, would                 address.
                                                    and if so, how?                                         weigh against the presumption of a 50-                    13. The Commission encourages
                                                                                                                                                                    comments to be filed electronically via
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            year default license term?
                                                       iv. Does the Commission’s license                       iii. How would the default term affect               the eFiling link on the Commission’s
                                                    term policy affect the likelihood of                    license settlements and negotiations?                   Web site at http://www.ferc.gov. The
                                                    parties reaching settlement agreements?                                                                         Commission accepts most standard
                                                    How so?                                                    14 ‘‘Early’’ measures could include: measures that   word processing formats. Documents
                                                       v. Does the current license term                     the licensee implemented through an amendment of        created electronically using word
                                                                                                            its existing license where such amendment did not
                                                    policy have benefits for stakeholders                   extend the existing license term, and measures
                                                                                                                                                                    processing software should be filed in
                                                    and affected resources? If so, please                   implemented by a licensee that were permissible         native applications or print-to-PDF
                                                    describe these benefits.                                under but not required by the existing license.         format and not in a scanned format.


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                                                    85220                       Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices

                                                    Commenters filing electronically do not                    Applicants: Calpine Energy Services                   Description: Compliance filing:
                                                    need to make a paper filing.                            Holdco LLC, North American Power                      Western Antelope Blue Sky Ranch B
                                                       14. Commenters that are not able to                  Business, LLC, North American Power                   LLC MBR Tariff to be effective 6/22/
                                                    file comments electronically must send                  and Gas, LLC.                                         2016.
                                                    an original of their comments to:                          Description: Joint Application of                     Filed Date: 11/18/16.
                                                    Federal Energy Regulatory Commission,                   Calpine Energy Services Holdco LLC, et                   Accession Number: 20161118–5047.
                                                    Secretary of the Commission, 888 First                  al. for Approval Under Section 203 of                    Comments Due: 5 p.m. ET 12/9/16.
                                                    Street NE., Washington, DC 20426.                       the Federal Power Act and Request for                    Docket Numbers: ER16–2298–003.
                                                       15. All comments will be placed in                   Expedited Action.                                        Applicants: Duke Energy Kentucky,
                                                    the Commission’s public files and may                      Filed Date: 11/17/16.                              Inc.
                                                    be viewed, printed, or downloaded                          Accession Number: 20161117–5201.                      Description: Tariff Amendment: DEK
                                                    remotely as described in the Document                      Comments Due: 5 p.m. ET 12/8/16.                   Errata to Supplemental Revised Filing
                                                    Availability section below. Commenters                     Take notice that the Commission                    RS No. 14 to be effective 10/1/2016.
                                                    on this proposal are not required to                    received the following exempt                            Filed Date: 11/18/16.
                                                    serve copies of their comments on other                 wholesale generator filings:                             Accession Number: 20161118–5127.
                                                    commenters.                                                Docket Numbers: EG17–30–000.                          Comments Due: 5 p.m. ET 12/9/16.
                                                    IV. Document Availability                                  Applicants: Niles Valley Energy LLC.                  Docket Numbers: ER16–2730–001.
                                                                                                               Description: Notice of Self-                          Applicants: LSC Communications US,
                                                      16. In addition to publishing the full                Certification of Exempt Wholesale
                                                    text of this document in the Federal                                                                          LLC.
                                                                                                            Generator Status for Niles Valley Energy                 Description: Tariff Amendment: LSCC
                                                    Register, the Commission provides all                   LLC.
                                                    interested persons an opportunity to                                                                          MBRA App Supplement to be effective
                                                                                                               Filed Date: 11/16/16.                              10/1/2016.
                                                    view and/or print the contents of this                     Accession Number: 20161116–5138.
                                                    document via the Internet through the                                                                            Filed Date: 11/18/16.
                                                                                                               Comments Due: 5 p.m. ET 12/7/16.                      Accession Number: 20161118–5105.
                                                    Commission’s Home Page (http://
                                                                                                               Docket Numbers: EG17–31–000.                          Comments Due: 5 p.m. ET 12/9/16.
                                                    www.ferc.gov) and in the Commission’s                      Applicants: IMG Midstream LLC.
                                                    Public Reference Room during normal                                                                              Docket Numbers: ER17–157–001.
                                                                                                               Description: Self-Certification of EWG                Applicants: Moapa Southern Paiute
                                                    business hours (8:30 a.m. to 5:00 p.m.                  of Wolf Run Energy LLC.
                                                    Eastern time) at 888 First Street NE.,                                                                        Solar, LLC.
                                                                                                               Filed Date: 11/16/16.                                 Description: Tariff Amendment:
                                                    Room 2A, Washington, DC 20426.                             Accession Number: 20161116–5139.
                                                      17. From the Commission’s Home                                                                              Supplement to Application for Order
                                                                                                               Comments Due: 5 p.m. ET 12/7/16.
                                                    Page on the Internet, this information is                                                                     Accepting Initial Market-Based Rate
                                                                                                               Docket Numbers: EG17–32–000.                       Tariff to be effective 10/22/2016.
                                                    available on eLibrary. The full text of
                                                                                                               Applicants: SR South Loving LLC.                      Filed Date: 11/18/16.
                                                    this document is available on eLibrary                     Description: Notice of Self-
                                                    in PDF and Microsoft Word format for                                                                             Accession Number: 20161118–5119.
                                                                                                            Certification of Exempt Wholesale                        Comments Due: 5 p.m. ET 12/9/16.
                                                    viewing, printing, and/or downloading.                  Generator Status of SR South Loving
                                                    To access this document in eLibrary,                    LLC.                                                     Docket Numbers: ER17–263–001.
                                                    type the docket number excluding the                       Filed Date: 11/18/16.                                 Applicants: PJM Interconnection,
                                                    last three digits of this document in the                  Accession Number: 20161118–5042.                   L.L.C.
                                                    docket number field.                                       Comments Due: 5 p.m. ET 12/9/16.                      Description: Tariff Amendment:
                                                      18. User assistance is available for                                                                        Substitute Original Service Agreement
                                                    eLibrary and the Commission’s Web site                     Take notice that the Commission
                                                                                                            received the following electric rate                  No. 4573, Queue No. NQ139 to be
                                                    during normal business hours from the                                                                         effective 1/1/2017.
                                                    Commission’s Online Support at 202–                     filings:
                                                                                                                                                                     Filed Date: 11/17/16.
                                                    502–6652 (toll free at 1–866–208–3676)                     Docket Numbers: ER10–1350–006.                        Accession Number: 20161117–5149.
                                                    or email at ferconlinesupport@ferc.gov,                    Applicants: Entergy Services, Inc.                    Comments Due: 5 p.m. ET 12/8/16.
                                                    or the Public Reference Room at (202)                      Description: Entergy Services, Inc.
                                                                                                            submits Refund Report.                                   Docket Numbers: ER17–297–001.
                                                    502–8371, TTY (202) 502–8659. Email                                                                              Applicants: Ampex Energy, LLC.
                                                    the Public Reference Room at                               Filed Date: 11/18/16.
                                                                                                               Accession Number: 20161118–5070.                      Description: Tariff Amendment:
                                                    public.referenceroom@ferc.gov.                                                                                Amend MBR Application to be effective
                                                                                                               Comments Due: 5 p.m. ET 12/9/16.
                                                      By direction of the Commission.
                                                                                                               Docket Numbers: ER10–2564–006;                     11/15/2016.
                                                      Issued: November 17, 2016.                            ER10–2289–006; ER10–2600–006.                            Filed Date: 11/17/16.
                                                    Nathaniel J. Davis, Sr.,                                   Applicants: Central Hudson Gas &                      Accession Number: 20161117–5116.
                                                    Deputy Secretary.                                       Electric Corporation, Tucson Electric                    Comments Due: 5 p.m. ET 12/8/16.
                                                    [FR Doc. 2016–28195 Filed 11–23–16; 8:45 am]            Power Company, UNS Electric, Inc.,                       Docket Numbers: ER17–355–000.
                                                    BILLING CODE 6717–01–P                                  UniSource Energy Development                             Applicants: ITC Midwest LLC.
                                                                                                            Company.                                                 Description: Report Filing: Errata to
                                                                                                               Description: Amendment and Third                   Filing of CIAC Agreement with
                                                    DEPARTMENT OF ENERGY                                    Supplement to December 31, 2015                       Northern States Power to be effective
                                                                                                            Triennial Market Power Update for the                 N/A.
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                                                    Federal Energy Regulatory                               Southwest Region of the Fortis, Inc.                     Filed Date: 11/17/16.
                                                    Commission                                              subsidiaries.                                            Accession Number: 20161117–5134.
                                                                                                               Filed Date: 11/18/16.                                 Comments Due: 5 p.m. ET 12/8/16.
                                                    Combined Notice of Filings #1
                                                                                                               Accession Number: 20161118–5148.                      Docket Numbers: ER17–381–000.
                                                       Take notice that the Commission                         Comments Due: 5 p.m. ET 12/9/16.                      Applicants: PJM Interconnection,
                                                    received the following electric corporate                  Docket Numbers: ER16–1973–001.                     L.L.C.
                                                    filings:                                                   Applicants: Western Antelope Blue                     Description: § 205(d) Rate Filing:
                                                       Docket Numbers: EC17–35–000.                         Sky Ranch B LLC.                                      Revisions to OATT Schedule 12—


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Document Created: 2016-11-23 23:17:38
Document Modified: 2016-11-23 23:17:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Inquiry.
DatesComments are due January 24, 2017.
ContactNick Jayjack, (Technical Information), Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6073. Carolyn Clarkin, (Legal Information), Office of the General Counsel-- Energy Projects, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8563.
FR Citation81 FR 85218 

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