83 FR 58243 - Hydroelectric Licensing Regulations Under America's Water Infrastructure Act of 2018; Notice Establishing Schedule Pursuant to America's Water Infrastructure Act of 2018

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 83, Issue 223 (November 19, 2018)

Page Range		58243-58244
FR Document		2018-25177

Federal Register, Volume 83 Issue 223 (Monday, November 19, 2018)

[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58243-58244]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25177]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RM19-6-000; AD19-7-000; AD19-8-000]


Hydroelectric Licensing Regulations Under America's Water 
Infrastructure Act of 2018; Notice Establishing Schedule Pursuant to 
America's Water Infrastructure Act of 2018

    On October 23, 2018, the President signed America's Water 
Infrastructure Act of 2018 (Act) into law. In addition to amending part 
1 of the Federal Power Act as it relates to certain aspects of 
preliminary permits, qualifying conduit hydropower facilities, and 
hydropower licenses, the Act directs the Federal Regulatory Commission 
(FERC or Commission) to:
    (1) Issue a rule not later than 180 days after the date of 
enactment of the Act, establishing an expedited process for issuing and 
amending licenses for qualifying facilities at existing nonpowered dams 
that will seek to ensure a final decision by the Commission on an 
application for a license no later than two years after receipt of a 
completed application;
    (2) With the Secretary of the Army, the Secretary of the Interior, 
and the Secretary of Agriculture, jointly develop a list of existing 
nonpowered Federal dams that the Commission and the Secretaries agree 
have the greatest potential for non-Federal hydropower development, and 
make the list available to the public and provide the list to certain 
Committees of the House of Representatives and the Senate not later 
than 12 months after the date of enactment of the Act;
    (3) Issue a rule not later than 180 days after the date of 
enactment of the Act, establishing an expedited process for issuing and 
amending licenses for closed-loop pumped storage projects that will 
seek to ensure a final decision by the Commission on an application for 
a license by no later than two years after receipt of a completed 
application; and
    (4) Hold a workshop not later than six months after the date of 
enactment of the Act to explore potential opportunities for development 
of closed-loop pumped storage projects at abandoned mine sites, and 
issue guidance no later than one year after the date of enactment of 
the Act to assist applicants for licenses or preliminary permits for 
closed-loop pumped storage projects at abandoned mine sites.
    In establishing the expedited processes for issuing and amending 
licenses for qualifying facilities at existing nonpowered dams and 
closed-loop pumped storage projects, sections 3003 and 3004 of the Act 
require the Commission to convene an interagency task force (ITF), with 
appropriate federal and state agencies and Indian tribes represented, 
to coordinate the regulatory processes associated with the 
authorizations required to construct and operate these projects. By 
concurrent notice, the Commission has invited federal and state 
agencies and Indian tribes to request participation on the ITF by 
filing a statement of interest with the Commission by November 29, 
2018.
    The Commission has established three dockets in order to implement 
the requirements of the Act: RM19-6-000 (Licensing Regulations under 
America's Water Infrastructure Act of 2018); AD19-7-000 (Nonpowered 
Dams List); and AD19-8-000 (Closed-loop Pumped Storage Projects at 
Abandoned Mines Guidance).
    Because the Act requires the Commission to issue a rule 
establishing the expedited licensing processes not later than 180 days 
after the date of enactment of the Act, the Commission has established 
a schedule with abbreviated deadlines. The schedule, which is subject 
to change, is included below.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
November 29, 2018.................  Deadline for federal and state
                                     agencies and Indian tribes to file
                                     a statement requesting
                                     participation on the ITF.
December 12, 2018.................  Commission staff will hold
                                     coordination session for the ITF to
                                     discuss proposals for the expedited
                                     licensing processes.
January/February 2019.............  Commission staff will issue a Notice
                                     of Proposed Rulemaking (NOPR) for
                                     the expedited licensing processes.

[[Page 58244]]

 
February 2019.....................  Commission staff will hold a
                                     workshop for closed-loop pumped
                                     storage project at abandoned mine
                                     sites.
March 2019........................  NOPR public comment period will
                                     close.
April 2019........................  Commission will issue final rule for
                                     expedited processes.
April 2019........................  Commission staff will provide
                                     applicable federal agencies,
                                     including the Secretaries of Army,
                                     Interior, and Agriculture,
                                     Commission staff's draft list of
                                     existing nonpowered federal dams
                                     having the greatest potential for
                                     non-Federal hydropower development.
August 2019.......................  Commission staff will issue the
                                     final nonpowered Federal dams list.
September 2019....................  Commission staff will issue guidance
                                     for closed-loop pumped storage
                                     projects at abandoned mine sites.
------------------------------------------------------------------------

    For more information about this notice, please contact:

Shana Wiseman (RM19-6-000), Office of Energy Projects, Federal Energy 
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 
502-8736, [email protected].
Kim Nguyen (AD19-7-000), Office of Energy Projects, Federal Energy 
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 
502-6105, [email protected].
Monir Chowdhury (AD19-8-000), Office of Energy Projects, Federal Energy 
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 
502-6736, [email protected].

    Dated: November 13, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-25177 Filed 11-16-18; 8:45 am]
 BILLING CODE 6717-01-P

Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices 58243

DEPARTMENT OF ENERGY above list. They are also available for of Representatives and the Senate not
electronic review in the Commission’s later than 12 months after the date of
Federal Energy Regulatory Public Reference Room in Washington, enactment of the Act;
Commission DC. There is an eSubscription link on (3) Issue a rule not later than 180 days
[Docket No. ER19–314–000] the website that enables subscribers to after the date of enactment of the Act,
receive email notification when a establishing an expedited process for
Bridgewater Power Company, L.P.; document is added to a subscribed issuing and amending licenses for
Supplemental Notice That Initial docket(s). For assistance with any FERC closed-loop pumped storage projects
Market-Based Rate Filing Includes Online service, please email that will seek to ensure a final decision
Request for Blanket Section 204 FERCOnlineSupport@ferc.gov, or call by the Commission on an application
Authorization (866) 208–3676 (toll free). For TTY, call for a license by no later than two years
(202) 502–8659. after receipt of a completed application;
This is a supplemental notice in the
Dated: November 13, 2018. and
above-referenced proceeding of
Nathaniel J. Davis, Sr., (4) Hold a workshop not later than six
Bridgewater Power Company, L.P.’s
application for market-based rate Deputy Secretary. months after the date of enactment of
authority, with an accompanying rate [FR Doc. 2018–25136 Filed 11–16–18; 8:45 am] the Act to explore potential
tariff, noting that such application BILLING CODE 6717–01–P opportunities for development of
includes a request for blanket closed-loop pumped storage projects at
authorization, under 18 CFR part 34, of abandoned mine sites, and issue
future issuances of securities and DEPARTMENT OF ENERGY guidance no later than one year after the
assumptions of liability. date of enactment of the Act to assist
Federal Energy Regulatory
Any person desiring to intervene or to applicants for licenses or preliminary
Commission
protest should file with the Federal permits for closed-loop pumped storage
Energy Regulatory Commission, 888 [Docket Nos. RM19–6–000; AD19–7–000; projects at abandoned mine sites.
First Street NE, Washington, DC 20426, AD19–8–000]
In establishing the expedited
in accordance with Rules 211 and 214 processes for issuing and amending
of the Commission’s Rules of Practice Hydroelectric Licensing Regulations
Under America’s Water Infrastructure licenses for qualifying facilities at
and Procedure (18 CFR 385.211 and existing nonpowered dams and closed-
385.214). Anyone filing a motion to Act of 2018; Notice Establishing
Schedule Pursuant to America’s Water loop pumped storage projects, sections
intervene or protest must serve a copy 3003 and 3004 of the Act require the
Infrastructure Act of 2018
of that document on the Applicant. Commission to convene an interagency
Notice is hereby given that the On October 23, 2018, the President task force (ITF), with appropriate federal
deadline for filing protests with regard signed America’s Water Infrastructure and state agencies and Indian tribes
to the applicant’s request for blanket Act of 2018 (Act) into law. In addition represented, to coordinate the regulatory
authorization, under 18 CFR part 34, of to amending part 1 of the Federal Power processes associated with the
future issuances of securities and Act as it relates to certain aspects of authorizations required to construct and
assumptions of liability, is December 3, preliminary permits, qualifying conduit operate these projects. By concurrent
2018. hydropower facilities, and hydropower notice, the Commission has invited
The Commission encourages licenses, the Act directs the Federal federal and state agencies and Indian
electronic submission of protests and Regulatory Commission (FERC or tribes to request participation on the ITF
interventions in lieu of paper, using the Commission) to: by filing a statement of interest with the
FERC Online links at http:// (1) Issue a rule not later than 180 days Commission by November 29, 2018.
www.ferc.gov. To facilitate electronic after the date of enactment of the Act,
service, persons with internet access establishing an expedited process for The Commission has established three
who will eFile a document and/or be issuing and amending licenses for dockets in order to implement the
listed as a contact for an intervenor qualifying facilities at existing requirements of the Act: RM19–6–000
must create and validate an nonpowered dams that will seek to (Licensing Regulations under America’s
eRegistration account using the ensure a final decision by the Water Infrastructure Act of 2018);
eRegistration link. Select the eFiling Commission on an application for a AD19–7–000 (Nonpowered Dams List);
link to log on and submit the license no later than two years after and AD19–8–000 (Closed-loop Pumped
intervention or protests. receipt of a completed application; Storage Projects at Abandoned Mines
Persons unable to file electronically (2) With the Secretary of the Army, Guidance).
should submit an original and 5 copies the Secretary of the Interior, and the Because the Act requires the
of the intervention or protest to the Secretary of Agriculture, jointly develop Commission to issue a rule establishing
Federal Energy Regulatory Commission, a list of existing nonpowered Federal the expedited licensing processes not
888 First Street NE, Washington, DC dams that the Commission and the later than 180 days after the date of
20426. Secretaries agree have the greatest enactment of the Act, the Commission
The filings in the above-referenced potential for non-Federal hydropower has established a schedule with
proceeding are accessible in the development, and make the list abbreviated deadlines. The schedule,
Commission’s eLibrary system by available to the public and provide the which is subject to change, is included
khammond on DSK30JT082PROD with NOTICES

clicking on the appropriate link in the list to certain Committees of the House below.

November 29, 2018 ........................ Deadline for federal and state agencies and Indian tribes to file a statement requesting participation on the
ITF.
December 12, 2018 ........................ Commission staff will hold coordination session for the ITF to discuss proposals for the expedited licensing
processes.
January/February 2019 ................... Commission staff will issue a Notice of Proposed Rulemaking (NOPR) for the expedited licensing proc-
esses.

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Document Created: 2018-11-17 02:46:34
Document Modified: 2018-11-17 02:46:34

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 58243

83 FR 58243 - Hydroelectric Licensing Regulations Under America's Water Infrastructure Act of 2018; Notice Establishing Schedule Pursuant to America's Water Infrastructure Act of 2018

DEPARTMENT OF ENERGYFederal Energy Regulatory Commission

Federal Register Volume 83, Issue 223 (November 19, 2018)

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission