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)

[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]


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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.

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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.
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    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