Sec. 3002. Evaluation of expedited licensing for qualified project upgrades
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In this section, the term project has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). The Federal Energy Regulatory Commission (referred to in this part as the Commission ) shall evaluate the potential to implement part I of the Federal Power Act ( 16 U.S.C. 792 et seq.) more expeditiously for qualified project upgrades described in subsection (c). A qualified project upgrade under subsection
(b)shall be an amendment to the existing license of a project that involves changes that— are limited to the powerhouse equipment of the project; or would result in environmental protection, mitigation, or enhancement measures to benefit fish and wildlife resources or other natural and cultural resources; and if carried out, would be unlikely— to adversely affect any species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); or to result in the destruction or adverse modification of critical habitat in accordance with section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ); would be consistent with any applicable comprehensive plan under section 10(a) of the Federal Power Act ( 16 U.S.C. 803(a) ); would result in insignificant environmental effects; and would be unlikely to adversely affect water quality and water supply. In carrying out the evaluation under subsection (b), the Commission may make the following changes to applicable policies and regulations: With respect to each type of qualified project upgrade described in subsection (c), establishing a qualifying determination process consisting of the following steps: A license applicant shall file a notice of intent to amend an existing license of a project if the project is a qualified project upgrade described in subsection (c). Not later than 15 days after receipt of a notice of intent filed under clause (i), the Commission shall make an initial determination of whether the project is a qualified project upgrade under subsection (c). If the Commission makes an affirmative initial determination under clause (ii), the Commission shall make available to the public the notice of intent filed under clause (i). If any person contests the initial determination of the Commission under clause
(ii)during the 45-day period following the date on which the notice of intent is made publicly available under clause (iii), the Commission shall promptly issue a written determination as to whether the project is a qualified project upgrade under subsection (c). If no person contests the initial determination of the Commission under clause
(ii)during the 45-day period following the date on which the notice of intent is made publicly available under clause (iii), the project shall be considered to be a qualified project upgrade under subsection (c). With respect to a qualified project upgrade described in subsection (c), making the following changes to the application process, as applicable: If an application for an amendment to the existing license provides for the addition of a new generating unit, not automatically considering that addition by itself to be an amendment that involves additional capacity, as described in sections 4.201(b) and 4.38(a)(6)(iv) of title 18, Code of Federal Regulations (as in effect on the date of enactment of this Act). Requiring fewer exhibits as part of the amendment application, as described in section 4.201(b) of title 18, Code of Federal Regulations (as in effect on the date of enactment of this Act). Reviewing and updating, as necessary, the existing categorical exclusions described in section 380.4 of title 18, Code of Federal Regulations (as in effect on the date of enactment of this Act). Such other changes with respect to qualified project upgrades as the Commission determines to be appropriate and in accordance with applicable law. In carrying out paragraph (1), the Commission shall hold— 1 or more public workshops; and a public comment period. In carrying out paragraph (1), the Commission shall consider public comments before finalizing any change to policy or regulation. In carrying out this section, the Commission shall comply with the following schedule: Not later than 60 days after the date of enactment of this Act, initiate the evaluation under subsection (b). Not later than 90 days after the date on which the evaluation is initiated under paragraph (1), hold 1 or more public workshops, as described in subsection (d)(2)(A). Not later than 120 days after the date on which the first public workshop is held under paragraph (2), complete a public comment period. Not later than 90 days after the date on which the public comment period is completed under paragraph (3), propose any changes to existing policy or regulations. Not later than 90 days after the date on which any changes are proposed under paragraph (4), finalize any policy changes resulting from the evaluation under subsection (b). Not later than 1 year after proposing any changes to existing regulations under paragraph (4), finalize any changes to existing regulations resulting from the evaluation under subsection (b). Any changes to policy or regulations finalized by the Commission under this section shall seek to reduce the time required, as of the date of enactment of this Act, for a qualified project upgrade described in subsection
(c)to receive a license amendment under part I of the Federal Power Act ( 16 U.S.C. 792 et seq.).
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Sec. 3002
Evaluation of expedited licensing for qualified project upgrades
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