Sec. 1307. Closed-loop pumped storage projects
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Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. ), as amended by section 1306, is further amended by adding at the end the following: For purposes of this section, a closed-loop pumped storage project is a project— in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters; or that is not continuously connected to a naturally flowing water feature. As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for closed-loop pumped storage projects.
Before issuing any license for a closed-loop pumped storage project, the Commission shall assess the safety of existing dams and other structures related to the project (including possible consequences associated with failure of such structures). With respect to a closed-loop pumped storage project, the authority of the Commission to impose conditions on a license under sections 4(e), 10(a), 10(g), and 10(j) shall not apply, and any condition included in or applicable to a closed-loop pumped storage project licensed under this section, including any condition or other requirement of a Federal authorization, shall be limited to those that are— necessary to protect public safety; or reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources directly caused by the construction and operation of the project, as compared to the environmental baseline existing at the time the Commission completes its environmental review.
Notwithstanding section 5, and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section 7(a) when obtaining the permit, the Commission may, to facilitate development of a closed-loop pumped storage project— add entities as joint permittees following issuance of a preliminary permit; and transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality. .
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Sec. 1307
Closed-loop pumped storage projects
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