Federal Energy Regulatory Commission License Research Articles

Release Our River, Let the Salmon Swim: Skokomish Efforts to Restore Their River

The Skokomish Indian people have successfully argued for the restoration of the North Fork of the Skokomish River on the Olympic Peninsula, USA. These people have adapted to and culturally incorporated this river since time immemorial, which is for well over 14,000 years. The tribe argued in a U.S. Federal court helped by three cultural anthropologists, for the release of river water from the two Cushman dams managed by Tacoma Water and Power (TWP). The tribe insisted that the cultural landscape produced by the traditional flow of the river still exist despite damage from the dams. They argued that returning river water could restore the salmon natural habitat and the people could have access to their spiritual locations. In 2009 a settlement between TWP and the Skokomish Indian Nation resulted in a 2010 amendment to the Federal Energy Regulatory Commission licensing agreement for the dams. This resulted in reassertion of tribal sovereignty, including restoration of channel maintaining flows and salmon populations. The case contributes to the discussion of the Protected Landscape Approach, Category V of the International Union for Conservation of Nature, World Commission on Protected Areas.

From fragments to connections to restoration: A case history of emergent sociocultural services in the Clark Fork River and Lake Pend Oreille fishery

Abstract Lake Pend Oreille and the Clark Fork River provide essential ecosystem services, including fisheries and hydroelectric power, to residents of Montana, Idaho, and Washington. Although conflicts exist, these services are maintained in concert by emergent sociocultural services created by a multi-institutional, transboundary collaboration. This has been enabled by an innovative Federal Energy Regulatory Commission license settlement agreement among a multitude of stakeholders. The consensus-based agreement promotes connections among people, projects, waterways, and fish populations. Collaborative management efforts allow stakeholders to address controversial issues, such as invasive fish suppression. We demonstrate how reciprocal cultural ecosystem services and services to ecosystems can enable ecosystem-scale restoration that addresses invasive species, habitat protection, and water quality management. Continued ecosystem management success relies on sustaining the relationship-building and shared knowledge services that have emerged over the past 25 years.

Understanding the Environmental Study Life Cycle in the United States Hydropower Licensing and Federal Authorization Process

We analyzed United States Federal Energy Regulatory Commission (FERC) documents prepared for 29 recently licensed hydropower projects and created two novel datasets to improve understanding of the environmental study life cycle, defined here as the process that begins with an environmental study being requested by a hydropower stakeholder or regulator, and ends with the study either being rejected or approved/conducted. Our two datasets consisted of summaries of information taken from (1), study determination letters prepared by FERC for 23 projects that were using the integrated licensing process, and (2), environmental study submittals and issuances tracked and attributed to seven projects using the FERC record. Our objective was to use the two resulting environmental life cycle datasets to understand which types of environmental studies are approved, rejected, and implemented during FERC licensing, and how consistently those types of studies are required across multiple hydropower projects. We matched the requested studies to a set of 61 river function indicators in eight categories and found that studies related to the category of biota and biodiversity were requested most often across all 29 projects. Within that category, studies related to river function indicators of presence, absence, detection of species and habitat/critical habitat were the most important to stakeholders, based on the relative number of studies requested. The study approval, rejection, and request rates were similar within each dataset, although the 23 projects with study determination letters had many rejected studies, whereas the dataset created from the seven projects had very few rejected studies.

Evidence-based indicator approach to guide preliminary environmental impact assessments of hydropower development

Global expansion of hydropower resources has increased in recent years to meet growing energy demands and fill worldwide gaps in electricity supply. However, hydropower induces significant environmental impacts on river ecosystems - impacts that are addressed through environmental impact assessment (EIA) processes. The need for effective EIA processes is increasing as environmental regulations are either stressed in developing countries undertaking rapid expansion of hydropower capacity or time- and resource-intensive in developed countries. Part of the challenge in implementing EIAs lies in reaching a consensus among stakeholders regarding the most important environmental factors as the focus of impact studies. To help address this gap, we developed a weight-of-evidence approach (and toolkit) as a preliminary and coarse assessment of the most relevant impacts of hydropower on primary components of the river ecosystem, as identified using river function indicators. Through a science-based questionnaire and predictive model, users identify which environmental indicators may be impacted during hydropower development as well as those indicators that have the highest levels of uncertainty and require further investigation. Furthermore, an assessment tool visualizes inter-dependent indicator relationships, which help formulate hypotheses about causal relationships explored through environmental studies. We apply these tools to four existing hydropower projects and one hypothetical new hydropower project of varying sizes and environmental contexts. We observed consistencies between the output of our tools and the Federal Energy Regulatory Commission licensing process (inclusive of EIAs) but also important differences arising from holistic scientific evaluations (our toolkit) versus regulatory policies. The tools presented herein are aimed at increasing the efficiency of the EIA processes that engender environmental studies without loss of rigor or transparency of rationale necessary for understanding, considering, and mitigating the environmental consequences of hydropower.

Challenges in the post-licensing stage of U.S. hydropower development: Current status and some potential solutions

The issuance of a Federal Energy Regulatory Commission (FERC) license is an important milestone in the development process of new U.S. hydropower projects. The complexity and uncertain timeline of the licensing process have been often cited as a key deterrent to new hydropower installations in the United States. However, very little attention has been paid to post-licensing timelines and attrition rates. This article explores the challenges faced by developers in bringing their FERC-licensed hydropower projects to the construction stage. Post-licensing activities to be completed before starting construction include obtaining additional permitting from other federal or state agencies, completing the technical design, securing financing, and in most cases, negotiating a power purchase agreement. For the set of projects that obtained a FERC license between 2007 and 2018, we assembled a dataset—combining information from FERC dockets and responses from a questionnaire to developers—to calculate attrition rates and development timelines and to examine the reasons for delays and cancellations.

Hydropower licensing and climate change: Insights from cooperative game theory

Cooperative game theory solutions can provide useful insights into how parties may use water and environmental resources and share any benefits of cooperation. Here, a method based on Nash and Nash–Harsanyi bargaining solutions is developed to explore the Federal Energy Regulatory Commission (FERC) relicensing process, in which owners of non-federal hydropower projects in the United States have to negotiate their allowable operations, with other interest groups (mainly environmental). Linkage of games to expand the feasible solution range and the “strategic loss” concept are discussed and a FERC relicensing bargaining model is developed for studying the bargaining stage (third stage) of the relicensing process. Based on the suggested solution method, how the lack of incentive for cooperation results in long delay in FERC relicensing in practice is explained. Further, potential effects of climate change on the FERC relicensing are presented and how climate change may provide an incentive for cooperation among the parties to hasten the relicensing is discussed. An “adaptive FERC license” framework is proposed, based on cooperative game theory, to improve the performance and adaptability of the system to future changes with no cost to the FERC, in face of uncertainty about future hydrological and ecological conditions.

Potential impacts on hydrology and hydropower production under climate warming of the Sierra Nevada

Watersheds of the Cosumnes, American, Bear and Yuba (CABY) Rivers in the Sierra Nevada, California, are managed with a complex network of reservoirs, dams, hydropower plants and water conveyances. While water transfers are based on priorities among competing demands, hydropower generation is licensed by the Federal Energy Regulatory Commission (FERC) and regulated by federal and state laws and multi-party agreements. This paper presents an integrated river basin management (IRBM) model for the CABY region, built to evaluate management and regional climate change scenarios using the Water Evaluation and Planning (WEAP) system. We simulated potential impacts of climate warming on hydrology and hydropower production by imposing a fixed increase of temperature (+2, 4 and 6°C) over weekly historical (1981–2000) climate, with all other climate variables unchanged. Results demonstrate that climate warming will reduce hydropower generation if operational rules remain unchanged, making the case for climate change induced hydrological change as a foreseeable future condition to be included in the FERC licensing process. IRBM tools such as the CABY model presented here are useful in deliberating the same.

Balancing Hydropower and Environmental Values: The Resource Management Implications of the US Electric Consumers Protection Act and the AWARE™ Software

This paper reviews the AWARE™ software distributed by the Electric Power Research Institute (EPRI). The program is designed to facilitate the Federal Energy Regulatory Commission (FERC) license renewal process for US hydropower installations. The discussion reviews the regulatory, legal, and social contexts that give rise to the creation and distribution of AWARE™. The principal legal impetus for AWARE™ is the Electric Consumer Protection Act (ECPA) of 1986 that directs FERC to give equal consideration to power and non-power resources during relicensing. The software is reviewed in this paper from several perspectives including those of natural resource economics, systems modeling, and the social context within which FERC licensing decisions are made. We examine both the software and its underlying methodology and find significant problems with each. Because of its flaws, AWARE™ does little to further ECPA's equal consideration requirement. We find that the conservation and restoration impact of ECPA for US fisheries could be seriously hampered by the widespread use of AWARE™.

Balancing Hydropower and Environmental Values: The Resource Management Implications of the US Electric Consumers Protection Act and the AWARE™ Software

This paper reviews the AWARE™ software distributed by the Electric Power Research Institute (EPRI). The program is designed to facilitate the Federal Energy Regulatory Commission (FERC) license renewal process for US hydropower installations. The discussion reviews the regulatory, legal, and social contexts that give rise to the creation and distribution of AWARE™. The principal legal impetus for AWARE™ is the Electric Consumer Protection Act (ECPA) of 1986 that directs FERC to give equal consideration to power and non-power resources during relicensing. The software is reviewed in this paper from several perspectives including those of natural resource economics, systems modeling, and the social context within which FERC licensing decisions are made. We examine both the software and its underlying methodology and find significant problems with each. Because of its flaws, AWARE™ does little to further ECPA's equal consideration requirement. We find that the conservation and restoration impact of ECPA for US fisheries could be seriously hampered by the widespread use of AWARE™.