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ILP Process and Schedule

The Bear Swamp Project (Project) is currently licensed by the Federal Energy Regulatory Commission (FERC) under the authority granted to FERC by Congress in the Federal Power Act to license and oversee the operation of non-federal hydroelectric projects. The current operating license for the Project was issued on April 28, 1970 and expires on March 31, 2020. In accordance with applicable regulations at 18 C.F.R. § 16.9(b), Bear Swamp Power Company, LLC (BSPC) must file its application with FERC for a new license no later than March 31, 2018. In support of preparing an application for a new license, BSPC has elected to use the FERC’s Integrated Licensing Process (ILP).

The anticipated schedule for major ILP activities for the Project relicensing is shown in the table below.
 Activity Responsible Parties Time Frame Deadline

File Notice of Intent (NOI) and Pre-Application Document (PAD)
(18 C.F.R. § 5.5(d))

BSPC

As early as five and one half
but no later than five years
prior to license expiration.

12/19/2014

Initial Tribal Consultation
Meeting 
(18 C.F.R. § 5.7)

FERC

No later than 30 days of
filing NOI and PAD.

1/18/2015

Issue notice of NOI/PAD and Scoping Document 1 (SD1)
(18 C.F.R. § 5.8(a))

FERC

Within 60 days of filing
NOI/PAD.

2/17/2015

Conduct scoping meetings and site visit
(18 C.F.R. § 5.8(b) (viii))

FERC

Within 30 days of NOI/PAD
notice and SD1 issuance.

3/19/2015

Comments on PAD, SD1, and Study Requests
(18 C.F.R. § 5.9(a))

Stakeholders

Within 60 days of NOI/PAD
notice and issuance of SD1

4/18/2015

File Proposed Study Plan
(PSP)
(18 C.F.R. § 5.11)

BSPC

Within 45 days of deadline
for filing comments on PAD

6/2/2015

Issuance of Scoping
Document 2 (SD2), if
necessary
(18 C.F.R. § 5.10)

FERC

Within 45 days of deadline
for filing comments on SD1

6/2/2015

Study Plan Meeting
(18 C.F.R. § 5.11(e))

BSPC

First meeting to be held
within 30 days of filing PSP

6/29-6/30
2015 

Conduct Preliminary Field
Study
Activities (in advance of
formal
Study Plan determination)

 BSPC

 

 TBD

Comments on PSP
(18 C.F.R. § 5.12)

 Stakeholders

 Within 90 days after PSP is
filed

8/31/2015 

 File Revised Study Plan
(RSP)
(18 C.F.R. § 5.13(a))

 BSPC

 Within 30 days of deadline
for comments on PSP

 9/30/2015

Comments on RSP
(18 C.F.R. § 5.13 (b))

 Stakeholders

 Within 15 days following
RSP

 10/15/2015

Issuance of Study Plan
Determination
(18 C.F.R. § 5.13(c))

 FERC Director

 Within 30 days of RSP

 10/30/2015

Formal Study Dispute
Resolution Process if
requested
(18 C.F.R. § 5.14(a))

 Agencies and
Tribes with
mandatory
conditioning
authority

Within 20 days of study plan
determination

11/19/2015

Dispute Resolution Panel
Convenes
(18 C.F.R. § 5.14(d))

Dispute
Resolution
Panel

Within 20 days of a notice of
study dispute

12/9/2015

Comments on Study Plan
Disputes
(18 C.F.R. § 5.14(i))

BSPC

Within 25 days of notice of
study dispute

12/14/2015

Third Panel Member
Selection Due
(18 C.F.R. § 5.14(d)(3))

Dispute
Resolution
Panel

Within 15 days of when
Dispute Resolution Panel
convenes

TBD

Dispute Resolution Panel
Technical Conference
(18 C.F.R. § 5.14(j))

Dispute
Resolution
Panel, BSPC,
Stakeholders

Prior to engaging in
deliberative meetings

TBD

Dispute Resolution Panel
Findings and
Recommendations
(18 C.F.R. § 5.14(k))

Dispute
Resolution
Panel

No later than 50 days after
notice of dispute

1/8/2016

Study Dispute Determination
(18 C.F.R. § 5.14(1))

FERC Director

No later than 70 days after
notice of dispute

1/28/2016

Conduct First Season of
Studies
(18 C.F.R. § 5.15)

BSPC

 

TBD

Study Progress Report
(18 C.F.R. § 5.15(b))

BSPC

Schedule and frequency to
be determined in study
plans

TBD

Initial Study Report
(18 C.F.R. § 5.15(c))

BSPC

Pursuant to the
Commission-approved
study plan and schedule
provided in § 5.13 or no
later than 1 year after
Commission approval of the
study plan

10/30/2016

Initial Study Report Meeting
(18 C.F.R. § 5.15(c)(2))

BSPC and Stakeholders

Within 15 days of filing the
initial study report

11/14/2016

File Initial Study Report
Meeting Summary
(18 C.F.R. § 5.15(c)(3))

BSPC

Within 15 days of study
results meeting

11/29/2016

File Meeting Summary
Disagreements
(18 C.F.R. § 5.15(c)(4))

Stakeholders

Within 30 days of study
results meeting summary

12/29/2016

File Responses to Meeting
Summary Disagreements
(18 C.F.R. § 5.15(c)(5))

BSPC

Within 30 days of filing
meeting summary
disagreements

1/28/2017

Resolution of Disagreements
(18 C.F.R. § 5.15(c)(6))

FERC Director

Within 30 days of filing
responses to disagreements

2/27/2017

Conduct Second Season
of Studies
(if necessary)

BSPC

 

TBD

File Updated Study Report
(18 C.F.R. § 5.15(f))
(if necessary)

BSPC

Pursuant to the approved
study plan and provided in §
5.13 or no later than 2 years
after Commission approval

10/30/2017

Updated Study Report
Meeting (18 C.F.R. § 5.15(f))
(if necessary)

BSPC and
Stakeholders

Within 15 days of updated
study report

11/14/2017

File Updated Study Report
Meeting Summary
(18 C.F.R. § 5.15(f))
(if necessary)

BSPC

Within 15 days of study
report meeting

11/29/2017

File Meeting Summary
Disagreements
(18 C.F.R. § 5.15(f))

Stakeholders

Within 30 days of study
results meeting summary

12/29/2017

File Responses to Meeting
Summary Disagreements
(18 C.F.R. § 5.15(f))

BSPC

Within 30 days of filing
meeting summary
disagreements

1/28/2017

Resolution of Disagreements
(18 C.F.R. § 5.15(f))

FERC

Within 30 days of filing
responses to disagreements

2/27/2018

File Preliminary Licensing
Proposal or Draft License
Application
(18 C.F.R. § 5.16)

BSPC

No later than 150 days prior
to the deadline for filing a
new or subsequent license
application

11/1/2017

Comments on Preliminary
Licensing Proposal or Draft
License Application Due
(18 C.F.R. § 5.16(e))

Stakeholders

Within 90 days of filing
Preliminary License
Proposal or draft license
application

1/30/2018

Final License Application
Filed
(18 C.F.R. § 5.17)

BSPC

No later than 24 months
before the existing license
expires

3/31/2018