The United States Federal Energy Regulatory Commission (FERC) licenses non-federal hydropower generation. The term of the license will not excede 50 years.
Five years prior to the expiration date, the licensee must inform FERC of its intention to file for a new license. The licensee opts to pursue the license through either the traditional or an alternative approach, see link below. The licensee solicits comments from federal and state agencies, local governments, indian tribes, non-government organizations and the general public.
Two years prior to the expiration date, the licensee must submit a license application. The contents of the licensee's application reflect the various requests for information, inventories and studies.
The relicensing process allows FERC the opportunity to re-evaluate the project. The FERC can issue the license with no changes, issue the license with new terms and conditions, issue the license to a competing applicant or decommission the project.
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Instream Flow Unit
Division of Water Resources
Instream Flow Unit
HYDROPOWER RELICENSING
The Division of Water Resources' role
The Division of Water Resources' field activities
Click here to access FERC handbooks on licensing actions, nonlicensing actions and compliance.
Click here for information on FERC hydropower licensing procedures.
Click here for information on FERC hydropower licensing procedures.
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The Division of Water Resources' role in hydropower licensing increased dramatically following the passage of the Public Utility Regulatory Policy Act of 1978 (PURPA). Because public utilities were now require to purchase power from qualifying small power production facilities, as defined by the
Federal Power Act, dams--such as those once used to run textile mills--became feasible power
producers.
The Division of Water Resources worked with other state and federal resource agencies on studies and surveys of the impacted reaches of streams below proposed hydroelectric facilities. Results from field work were used to develop operating conditions for the articles of the license or exemption issued by the FERC for the facility.
In the 1980's, besides the small power producers attempting to enter the power grid, the Division of Water Resources also participated on studies of impacted reaches below some of the large hydroelectric facilities built by the public utilities in the first half of the 1900's that faced license expiration.
In 1995, the General Assembly amended the Dam Safety Law (G.S. 143-215.31) to specify the minimum flow for small hydropower producers that divert water around 4000 feet or less of the natural streambed. Also, the Department of Environment and Natural Resources can't advocate or recommend a minimum streamflow that exceeds the minimum streamflow from subsection (c) in its comments and recommendations to the FERC.
The Division of Water Resources continues to work with other resource agencies to examine the impact of hydroelectric facilities on downstream stream reaches as operators attempt to amend their license articles or as licenses expire and owners seek a new license. In the first decade of the 21st Century, the licenses regulating 39 dams will expire.
- Progress Energy
- Walters Project (FERC Project No. 432)
- Settlement Agreement (in .pdf format)
- FERC order issuing new license (enter "19941104-3014" in "Accession Number" field under "Numbers" search at eLibrary)
Pertinent License Articles (in .pdf format):- Cover, Articles 201, 202: Term of License, Project Description, Annual Charge, Amortization Reserves
- Article 401: use and occupancy of Project lands and waters; easements; rights-of-way
- Article 402: erosion control
- Article 403: reservoir level
- Article 404: Johnson valve operation
- Article 405: dissolved oxygen monitoring
- Article 406: instantaneous minimum flow
- Article 407: recreational flows, toll-free number, use thresholds
- FERC order revising 407(b) (enter "20060404-3021" in "Accession Number" field under "Numbers" search at eLibrary) (view in .txt format)
- Article 408: Brown's Bridge gage
- Article 409: dioxin and furans monitoring in fish
- Article 410: managing historic properties
- Article 411: Harmon Den and powerhouse recreational facilities and trails; warning signs and sirens;
- Article 412: White Oak portage facilities
- Article 413: Challenge Cost-Share Agreement (horse camp funding)
- Article 414: Pigeon River Fund
- Article 415: monitoring recreation use
- Appendix: water quality criteria for minimum flow
- Instream flow study..........Pictures
- Instream flow study..........Pictures
- FERC order issuing new license (enter "19941104-3014" in "Accession Number" field under "Numbers" search at eLibrary)
- Settlement Agreement (in .pdf format)
- Walters Project (FERC Project No. 432)
- Progress Energy
- Yadkin-Pee Dee (FERC Project No. 2206)
- Licensing
- Relicensing..........View final license application submittals (enter "20060504-0113" in "Accession Number" field under "Numbers" search at eLibrary. Click on "Document Components" to view list of all application submittals.)
- Duke Energy - Nantahala Area
- Nantahala Project (FERC Project No. 2692)
- Licensing..........Settlement Agreement (SA) (in .pdf format)
- Relicensing..........Final License Application (Duke Energy - Nantahala Area site)
- Instream Flow Study..........Pictures
- Recreational Flow Study
- West Fork Project (FERC Project No. 2686)
- Licensing.......... Settlement Agreement (SA) (in .pdf format)
- Relicensing..........Final License Application (Duke Energy - Nantahala Area site)
- Instream Flow Study..........Pictures
- Recreational Flow Study
- East Fork Project (FERC Project No. 2698)
- Licensing..........Settlement Agreement (SA) (in .pdf format)
- Relicensing..........Final License Application (Duke Energy - Nantahala Area site)
- Instream Flow Study..........Pictures
- Recreational Flow Study
- Bryson Project (FERC Project No. 2601)
- Licensing
- Relicensing..........Final License Application (Duke Energy - Nantahala Area site)
- Dillsboro Project (FERC Project No. 2602)
- Licensing
- Relicensing..........Final License Application (Duke Energy - Nantahala Area site)
- Franklin Project (FERC Project No. 2603)
- Licensing
- Relicensing..........Final License Application (Duke Energy - Nantahala Area site)
- Mission Project (FERC Project No. 2619)
- Licensing
- Relicensing..........Final License Application (Duke Energy - Nantahala Area site)
- Queens Creek Project (FERC Project No. 2694)
- Licensing
- Relicensing..........FERC order issuing license (enter "20020329-0224" in "Accession Number" field under "Numbers" search at eLibrary)
- Settlement Agreement (in .pdf format)
- Instream flow study..........Pictures
- Settlement Agreement (in .pdf format)
- Nantahala Project (FERC Project No. 2692)
- Duke Energy
- Catawba-Wateree (FERC Project No.2232)
- Dominion
- Gaston and Roanoke Rapids Project (FERC Project No. 2009)
- Licensing
- Relicensing..........FERC order issuing license (enter "20040331-3015" in "Accession Number" field under "Numbers" search at eLibrary)
- Licensing
- Gaston and Roanoke Rapids Project (FERC Project No. 2009)
- Alcoa Power Generating, Inc. (APGI) - Tapoco
- Tapoco (Tallassee) Project (FERC Project No. 2169)
- Licensing
- Relicensing..........FERC order issuing license (enter "20050125-0401" in "Accession Number" field under "Numbers" search at eLibrary)
- Relicensing documents at APGI
- Instream Flow Study - Pictures
- Recreational Flow Study - Pictures
- Licensing
- Tapoco (Tallassee) Project (FERC Project No. 2169)
- Alcoa Power Generating, Inc. (APGI) - Yadkin
- Yadkin Project (FERC Project No. 2197)
- Licensing
- Relicensing..........Final License Application (Alcoa Power Generating, Inc. (APGI) - Yadkin site)
- Licensing
- Yadkin Project (FERC Project No. 2197)
- Yadkin-Pee Dee (FERC Project No. 2206)
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