The Freight Train Is Coming: Tales of the Integrated Licensing Protocol in Virginia

Two major hydropower projects in Virginia have recently undergone relicensing through the Federal Energy Regulatory Commision’s (FERC) Integrated Licensing Process (ILP).  Both of these projects are owned and operated by Appalachian Power Company (APCO). The Smith Mountain/Leesville Project (FERC Project No. 2210), a 9,712 ha project on the Roanoke River in west central Virginia, is operated as a pumped storage project.  The Claytor Project (FERC Project No. 739), a 1,764 ha impoundment of the New River in southwest Virginia, is operated for peak power production.  The FERC issued APCO a new license to operate the Smith Mountain/Leesville project on December 15, 2009.  A new operating license for the Claytor Project is pending FERC action by July 1, 2011. 

The ILP, designed by the FERC to streamline relicensing by integrating pre-filing consultations with their scoping process, places major responsibility on state natural resource agencies for ensuring a favorable outcome.  Notable aspects of the ILP include: (1) The potential for active participation by FERC staff and increased interaction with applicant and stakeholders at all stages of the process; (2) Increased public participation in the pre-filing consultation; (3) Strict schedules with firm deadlines; (4) All issues are set up front, so issues cannot “pop up” late in the process; and, (5) Study plan duration is typically limited to one year, unless there is a compelling reason to extend studies into a second year.  Other aspects of the ILP are similar to the FERC’s Traditional and Alternative Licensing processes.

Because we did not have the advantage of a designated employee for relicensing or preliminary training, we survived being run over by the ILP freight train by employing the following procedures: (1) Taking a team approach to relicensing; (2) Using one biologist as a lead contact for each FERC project; and, (3) Keeping our administrators informed about the progress and key issues in our relicensing projects.  In addition, we identified our agency’s issues and concerns before the first pre-application meeting.  Advance preparation of written management plans for the Smith Mountain/Leesville Project guided development of study plans during the ILP. At the Claytor Project, written management plans were not entered into the ILP process.  As an alternative, the fisheries biologist at this project collected preliminary data to help justify study plans.