Notice2025-20902
Authorizations for Certain Post-Licensing Activities at Hydroelectric Projects
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 25, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
The Federal Energy Regulatory Commission (Commission) is inviting comments on whether certain activities can be implemented without case-specific authorization from the Commission under Part I of the Federal Power Act and on what changes, if any, the Commission should make to its processes for reviewing and authorizing post- licensing activities at hydropower facilities, including maintenance, repairs, and upgrades to hydropower project infrastructure.
Full Text
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<title>Federal Register, Volume 90 Issue 225 (Tuesday, November 25, 2025)</title>
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[Federal Register Volume 90, Number 225 (Tuesday, November 25, 2025)]
[Notices]
[Pages 53310-53314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20902]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RM26-3-000]
Authorizations for Certain Post-Licensing Activities at
Hydroelectric Projects
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of inquiry.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
inviting comments on whether certain activities can be implemented
without case-specific authorization from the Commission under Part I of
the Federal Power Act and on what changes, if any, the Commission
should make to its processes for reviewing and authorizing post-
licensing activities at hydropower facilities, including maintenance,
repairs, and upgrades to hydropower project infrastructure.
DATES: Comments are due January 26, 2026.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways. Electronic filing through <a href="http://www.ferc.gov">http://www.ferc.gov</a>, is
preferred.
<bullet> Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
<bullet> For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
The Comment Procedures Section of this document contains more
detailed filing procedures.
FOR FURTHER INFORMATION CONTACT: Rachael Warden (Legal Information),
Office of the General Counsel--Energy Projects, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, 202)
502-8717.
CarLisa Linton (Technical Information), Office of Energy Projects,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, (202) 502-8416.
SUPPLEMENTARY INFORMATION:
1. In this Notice of Inquiry, the Federal Energy Regulatory
Commission (Commission) is inviting comments on whether certain
activities can be implemented without case-specific authorization from
the Commission under Part I of the Federal Power Act (FPA) and on what
changes, if any, the Commission should make to its processes for
reviewing and authorizing post-licensing activities at hydropower
facilities, including maintenance, repairs, and upgrades to hydropower
project infrastructure.
I. Background
A. Statutory Framework
2. Section 4(e) of the FPA authorizes the Commission to issue
licenses ``for the purpose of constructing, operating,
[[Page 53311]]
and maintaining dams, water conduits, reservoirs, power houses,
transmission lines, or other project works necessary or convenient . .
. for the development, transmission, and utilization of power.'' \1\ In
issuing these hydroelectric licenses, the Commission is required to
consider power and development purposes and ``give equal consideration
to the purposes of energy conservation, the protection, mitigation of
damage to, and enhancement of, fish and wildlife (including related
spawning grounds and habitat), the protection of recreational
opportunities, and the preservation of other aspects of environmental
quality.'' \2\ After considering power and environmental
considerations, the Commission will include in a license conditions
that ensure that the project is best adapted to a comprehensive plan
for improving or developing a waterway.\3\
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\1\ 16 U.S.C. 797(e).
\2\ Id.
\3\ 16 U.S.C. 803(a)(1). Section 10(a)(1) of the FPA requires
that any project, for which the Commission issues a license be best
adapted to a comprehensive plan for improving or developing a
waterway or waterways for the use or benefit of interstate or
foreign commerce; for the improvement and use of waterpower
development; for the adequate protection, mitigation, and
enhancement of fish and wildlife; and for other beneficial public
uses, including irrigation, flood control, water supply, recreation,
and other purposes.
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3. After issuance of a license, projects require ongoing
maintenance and often require modification during the term of the
license. With respect to post-licensing activities, section 10(b) of
the FPA states ``except when emergency shall require for the protection
of navigation, life, health, or property, no substantial alteration or
addition not in conformity with the approved plans shall be made to any
dam or other project works . . . without the prior approval of the
Commission'' (emphasis added).\4\ Similarly, pursuant to section
23(b)(1) of the FPA, a licensee may not ``commence any significant
modification of any [licensed] project . . . unless such modification
is authorized in accordance with terms and conditions of such license .
. . and the applicable requirements of [Part I of the FPA]'' (emphasis
added).\5\ The Commission understands these provisions to allow
licensees to make alterations that are not ``substantial'' or
``significant'' without further authorization. Post-licensing
activities that do not fit within these categories, including some
maintenance, repairs, and upgrades, require Commission approval before
implementation.
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\4\ 16 U.S.C. 803(b). For conditions affecting the safety of a
project or its works, should emergency modifications be necessary at
the project, licensees are required to report the incident and
details of the modification according to certain reporting
requirements. 18 CFR 12.11 and 18 CFR 12.10(a).
\5\ 16 U.S.C. 817(2). In order to ensure dam safety, the
Commission's dam safety regulations also require licensees to report
modifications of the project or project works to the applicable
Commission Regional Engineer in writing. 18 CFR 12.11.
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4. Applicants for post-licensing activities must also comply with
federal laws for the protection of environmental resources, such as the
National Environmental Policy Act (NEPA),\6\ Endangered Species Act of
1973, the National Historic Preservation Act, and the Clean Water
Act.\7\
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\6\ On July 23, 2025, the Commission adopted two categorical
exclusions from the United States Bureau of Reclamation, for
``[m]aintenance, rehabilitation, and replacement of existing
facilities which may involve a minor change in size, location, and/
or operation'' and for ``[m]inor safety of dam construction
activities where the work is confined to the dam, abutment areas, or
appurtenant features, and where no major change in reservoir or
downstream operation is anticipated as a result of the construction
activities.'' See Adopting Categorical Exclusions under the Nat'l
Env't Pol'y Act, 192 FERC ] 61,019, at P 2 (2025) (first citing
Fiscal Responsibility Act of 2023, Pub. L. 118-5, 137 Stat. 10 (June
3, 2023), and then citing 42 U.S.C. 4336c); id. PP 4-5, 10-13,
ordering para. (A).
\7\ Other federal statutes, such as the Marine Mammal Protection
Act, may apply in particular cases.
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B. Commission Regulations for Amendment Applications
5. Commission regulations require amendment applications when a
licensee seeks to: make a change in the physical features of the
project or its boundary, or make an addition, betterment, abandonment,
or conversion, of such character as to constitute an alteration of the
license; or make a change in the plans for the project under
license.\8\ Requirements regarding these applications vary depending on
whether the application is for a capacity or non-capacity amendment.\9\
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\8\ 18 CFR 4.200.
\9\ A ``capacity related amendment'' is one where the applicant
seeks ``to amend a license for a hydropower project that involves
additional capacity not previously authorized, and that would
increase the actual or proposed total installed capacity of the
project, would result in an increase in the maximum hydraulic
capacity of the project of 15 percent or more, and would result in
an increase in the installed name-plate capacity of 2 megawatts or
more.'' 18 CFR 4.201(b).
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6. Commission regulations require specific information to be
submitted as part of a capacity-related amendment application.\10\ For
non-capacity-related amendments, the Commission requires an applicant
to submit revised versions of any exhibits (such as project maps) that
require revision in light of the proposed amendment.\11\ Additionally,
to ensure that state and federal agencies and Indian Tribes have the
opportunity to discuss the proposal with the applicant, the applicant
must complete pre-filing consultation requirements for capacity-related
amendments as well as specified non-capacity-related amendments.\12\
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\10\ Id. (specifying required exhibits depending on the type of
project).
\11\ 18 CFR 4.201(c).
\12\ These include amendments that would involve the
construction of a new dam or diversion in a location where there is
no existing dam or diversion; any repair, modification, or
reconstruction of an existing dam that would result in a significant
change in the normal maximum surface area or elevation of an
existing impoundment; or the addition of new water power turbines
other than to replace existing turbines. 18 CFR 4.38(a)(6)(iv)-(v);
see also 18 CFR 4.38(a)(7).
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7. Ensuring the protection of human life, health, and property is a
key aspect of the Commission's regulation of hydropower projects.\13\
Accordingly, the Commission's dam safety regulations set forth the
authority of Commission staff in inspecting, reviewing, and requiring
modifications to licensed projects for the purposes of ensuring the
safety, stability, security, and integrity of the project works.
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\13\ See 16 U.S.C. 803(c).
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C. Minor Changes Authorized by License Articles
8. The Commission includes in every license two articles, Articles
2 and 3, which give licensees the ability to make minor changes without
the need to obtain approval from the Commission. Article 2 provides:
No substantial change shall be made in the maps, plans,
specifications, and statements described and designated as exhibits
and approved by the Commission in its order as a part of the license
until such change shall have been approved by the Commission:
Provided, however, [t]hat if the Licensee or the Commission deems it
necessary or desirable that said approved exhibits, or any of them,
be changed, there shall be submitted to the Commission for approval
a revised, or additional exhibit or exhibits covering the proposed
changes which, upon approval by the Commission, shall become a part
of the license and shall supersede, in whole or in part, such
exhibit or exhibits theretofore made a part of the license as may be
specified by the Commission.\14\
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\14\ See, e.g., Federal Energy Regulatory Commission, Form L-1,
Article 2 (October 1975).
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Article 3 provides:
The project works shall be constructed in substantial conformity
with the approved exhibits referred to in Article 2 herein or as
changed in accordance with the provisions of said article. Except
when emergency shall require for the protection of navigation, life,
health, or property, there shall not be made without prior approval
of the Commission any substantial alteration or addition not in
conformity with the approved plans to any dam or other project works
under the license or any substantial use of project lands and
[[Page 53312]]
waters not authorized herein; and any emergency alteration,
addition, or use so made shall thereafter be subject to such
modification and change as the Commission may direct. Minor changes
in project works, or in uses of project lands and waters, or
divergence from such approved exhibits may be made if such changes
will not result in a decrease in efficiency, in a material increase
in cost, in an adverse environmental impact, or in impairment of the
general scheme of development; but any of such minor changes made
without the prior approval of the Commission, which in its judgment
have produced or will produce any of such results, shall be subject
to such alteration as the Commission may direct.\15\
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\15\ See, e.g., Federal Energy Regulatory Commission, Form L-1,
Article 3 (October 1975).
The Commission has explained that, pursuant to Article 3, ``certain
minor changes in the specifications approved in the license can be
reflected in the as-built exhibit filings without prior Commission
approval.'' \16\ The Commission has emphasized that ``the determination
of whether a particular change is substantial must be made on a case-
by-case basis.'' \17\
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\16\ Int'l Falls Power Co., 66 FERC ] 61,086, at 61,116 (1994).
\17\ Id.
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D. Current Processes for Post-Licensing Activities
9. Some activities do not require an amendment but may require
review and authorization to start construction from Commission dam
safety staff.\18\ Commission approval of an amendment may be needed for
more complex activities. Other minor post-licensing activities may
require an amendment if they are inconsistent with the project license.
For example, if the proposed work would cause a temporary change to an
impoundment elevation or minimum flow requirement, an amendment may be
required.
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\18\ Examples include in-kind replacements of racks/rakes/gates,
flowlines, or turbines; generator rewinds; electrical equipment
upgrades within a powerhouse; substation upgrades or rewiring;
transmission line pole replacements; or minor repair of walls,
tailraces, or spillways.
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10. For substantial changes to the specifications approved in the
license, a licensee must file a license amendment. If a licensee is
unsure whether an activity is authorized by the license or would
require an amendment, the licensee may seek advice from Commission
staff.\19\
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\19\ See 18 CFR 4.201(d)(2).
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E. Existing Commission Regulations Under the Natural Gas Act
Authorizing Routine Activities by Interstate Natural Gas Pipeline
Companies Without Case-Specific Authorization
11. Under Part 157, Subpart F of the Commission's regulations,\20\
interstate pipelines that hold a certificate of public convenience and
necessity under section 7 of the Natural Gas Act (NGA) may apply for a
one-time blanket certificate to undertake, without a case-specific
authorization, certain activities automatically, subject only to annual
reporting requirements \21\ and certain other activities after prior
notice.\22\ The blanket certificate program ``provide[s] streamlined
procedures which increase flexibility and reduce regulatory burden''
for a generic class of routine activities with particular conditions
and procedures for consistency with the Commission's statutory
obligations under the NGA and environmental statutes.\23\
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\20\ 18 CFR part 157, subpart F.
\21\ Id. 157.203(b), 157.208(a), (e).
\22\ Id. 157.203(c), 157.208(b).
\23\ Interstate Pipeline Certificates for Routine Transactions,
Order No. 234, 47 FR 24254, at 24256, 24263 (June 4, 1982), FERC
Stats. & Regs. ] 30,368, at 30,201 (1982) (cross-referenced at 19
FERC ] 61,216); see also Revisions to the Blanket Certificate
Reguls. & Clarification Regarding Rates, Order No. 686, 71 FR 63680
(Oct. 31, 2006), 117 FERC ] 61,074, at P 7 (2006) (``The blanket
certificate program was designed to provide an administratively
efficient means to authorize a generic class of routine activities,
without subjecting each minor project to a full, case-specific NGA
section 7 certificate proceeding.'').
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12. In 1982, in instituting the blanket certificate program, the
Commission explained that:
[T]he final regulations divide the various actions that the
Commission certificates into several categories. The first category
applies to certain activities performed by interstate pipelines that
. . . have relatively . . . little effect on pipeline operations.
This first category also includes minor investments in facilities
which are so well understood as an established industry practice
that little scrutiny is required to determine their compatibility
with the public convenience and necessity. The second category of
activities provides for a notice and protest procedure and comprises
certain activities in which various interested parties might have a
concern. In such cases there is a need to provide an opportunity for
a greater degree of review and to provide for possible adjudication
of controversial aspects. Activities not authorized under the
blanket certificate are those activities which . . . propose such
important considerations that close scrutiny and case-specific
deliberation by the Commission is warranted prior to the issuance of
a certificate.\24\
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\24\ Order No. 234, FERC Stats. & Regs. ] 30,368 at 30,200.
13. The notice and protest procedures for prior notice projects
allow anyone, including Commission staff, to protest a prior notice
project within 60 days and, if a protest is not withdrawn or dismissed,
the project is reviewed as an application for case-specific
authorization under NGA section 7(c).\25\
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\25\ 18 CFR 157.205(h).
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14. Blanket certificate activities are subject to the conditions in
the Commission's regulations implementing NEPA,\26\ as well as
requirements that all blanket certificate activities be consistent with
all applicable laws, including the Endangered Species Act, National
Historic Preservation Act, Clean Water Act, Clean Air Act, and other
applicable statutes relating to environmental concerns.\27\
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\26\ 18 CFR part 380. Certain activities undertaken pursuant to
the blanket certificate are categorically excluded from NEPA review.
18 CFR 380.4(a)(21).
\27\ 18 CFR 157.206.
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II. Subject of the Notice of Inquiry
15. The Commission is inviting comments on (A) what opportunities,
if any, are there to streamline or improve the process for licensees
for using their authority under FPA section 10(a) and standard license
Articles 2 and 3 to undertake minor modifications at a hydropower
facility and whether the Commission should develop processes to address
these opportunities, and (B) what changes, consistent with the
requirements of the FPA and other applicable statutes, the Commission
could make to its processes for reviewing and authorizing through
amendment proceedings post-licensing activities, including whether
certain activities can be implemented without case-specific
authorization. The Commission seeks comment on the following questions:
A. Minor Post-Licensing Activities
A1. What opportunities, if any, are there to streamline or improve
the process for licensees for using their authority under FPA section
10(a) and standard license Articles 2 and 3 to undertake minor
modifications at a hydropower facility that do not require an
amendment?
A2. Should the Commission create a process for identifying minor
post-licensing activities that can be undertaken pursuant to FPA
section 10 and Articles 2 and 3?
A3. Are there categories of minor post-licensing activities that
should not require prior Commission approval? If so, what specific
types of minor activities should qualify under each category?
[[Page 53313]]
A4. What documentation should the Commission require to verify and
ensure that these activities do not result in potentially adverse
environmental or safety impacts?
A5. What activities that do not require amendments should still
require consultation or dam safety review? For those activities, what
standard information should licensees file to expedite review of the
proposed activity?
A6. What applicable federal laws, permits, and regulations could be
relied upon to verify minimal or no significant environmental and
safety impacts throughout construction and operation of minor post-
licensing activities?
A7. Should the Commission allow stakeholder input for activities
not requiring an amendment? And if so, how should the comments be
addressed?
A8. Should specified maintenance activities be analyzed and
approved during the licensing process as part of a life cycle approach
to accepting, implementing, and maintaining a license for 30 to 50
years?
B. Post-Licensing Activities Requiring Amendments
Process-Related Questions
B1. If the Commission promulgates rules to allow for post-licensing
activities at hydropower facilities, including maintenance, repairs,
and upgrades to hydropower project infrastructure, without a case-
specific authorization under Part I of the FPA, should the Commission
require each licensee to apply for a blanket FPA authorization as it
does for natural gas pipelines pursuant to Part 157, Subpart F (see 18
CFR 157.204(a)) or should all current and new licensees be
automatically granted a blanket authorization?
B2. Under the Commission's existing Part 157, Subpart F blanket
certificate regulations for activities under NGA section 7, there is a
two-tiered process whereby some activities are automatically authorized
while others require prior notice (see 18 CFR 157.203(a)-(c)). Should
the Commission adopt a similar tiered approach for post-licensing
activities at hydropower facilities, including maintenance, repairs,
and upgrades to hydropower project infrastructure? If so, should there
be additional or different tiers, and what specific types of activities
should correspond to each tier?
B3. If the Commission allows for post-licensing activities at
hydropower facilities, including maintenance, repairs, and upgrades to
hydropower project infrastructure, automatically under a blanket FPA
Part I authorization, should the Commission:
a. require licensees to notify Commission staff of certain types of
such activities prior to implementing them? And, if so, what amount of
time would be sufficient?; and/or
b. require a licensee to file a semi-annual or annual report
documenting the post-licensing maintenance, repairs, and/or upgrades to
hydropower project infrastructure undertaken during the previous
calendar year pursuant to the blanket authorization program? If so,
what information should be included in such reports? Should reporting
of blanket authorization activities be incorporated into any reporting
already required by the Commission in a licensee's license articles?
B4. If the Commission requires prior notice for some post-licensing
activities at hydropower facilities, including maintenance, repairs,
and upgrades to hydropower project infrastructure, under a blanket FPA
Part I authorization, should the Commission adopt the same notice
requirements as those detailed in the Commission's blanket certificate
regulations, including a 60-day notice period (see 18 CFR 157.205)?
B5. Should the Commission adopt the same process concerning
protests to prior notice post-licensing activities at hydropower
facilities, including maintenance, repairs, and upgrades to hydropower
project infrastructure, as is currently in place for prior notice
blanket certificate pipeline projects (see 18 CFR 157.205) or should
another process be required? If another process should be required,
what types of protests should be dismissed?
B6. What, if any, affected landowner notification requirements
should the Commission adopt for post-licensing activities at hydropower
facilities, including maintenance, repairs, and upgrades to hydropower
project infrastructure, undertaken pursuant to a blanket authorization
program?
B7. Should the Commission require post-licensing maintenance,
repairs, and/or upgrades to hydropower project infrastructure under a
blanket Part I FPA authorization be constructed and placed into service
within a specified timeframe? If so, what timeframe?
B8. Are there processes that other federal or state agencies use to
streamline review that the Commission could adapt?
B9. What are the historic and estimated range of costs for
preparation of an application for post-licensing amendments for
maintenance, repairs, and upgrades at existing hydropower facilities?
Post-Licensing Activities That Could Fit a Blanket Program
B10. If the Commission adopts a tiered approach similar to that in
the natural gas blanket certificate regulations (18 CFR 157.203(b)-
(c)), what categories of post-licensing activities should be eligible
for automatic authorization? What categories of post-licensing
activities should be eligible for prior notice authorization? How
should the Commission divide these categories, e.g., based on
anticipated environmental effects or based on safety or security
concerns?
B11. What categories of post-licensing activities would result in
no adverse impacts to the environment or safety at authorized and
existing licensed hydropower facilities? Specifically, what types of
facility modifications, systems, or components would have no adverse
environmental or safety impacts, or would provide beneficial impacts,
to the following resources:
<bullet> Water Quality;
<bullet> Water Resources;
<bullet> Wetlands;
<bullet> Fisheries and Wildlife, including Endangered Species;
<bullet> Vegetation;
<bullet> Cultural Resources;
<bullet> Socioeconomics;
<bullet> Geology and Soils;
<bullet> Land Use;
<bullet> Recreation;
<bullet> Visual Resources; and
<bullet> Safety.
B12. What categories of post-licensing activities would provide
equivalent or greater level of environmental protection and safety
compared to the status quo? Specifically, what types of hydropower
infrastructure modifications, systems, or components would result in
different impacts but nevertheless provide an equivalent or greater
level of protection to the resources listed in question B11?
B13. What categories of post-licensing activities would result in
less than significant impacts to the environment and safety at licensed
hydropower facilities such that the Commission could categorically
determine that such activities are in the public interest under the
section 10(a)(1) comprehensive development standard of the FPA?
Specifically, what types of facility modifications, systems, or
components would result in less than significant impacts to the
resources listed in question B11?
16. While the Commission will consider all comments filed, the
[[Page 53314]]
Commission may not, and is not required to, take further action.
III. Comment Procedures
17. The Commission invites interested persons to submit comments on
the matters and issues identified in this notice. Comments are due
January 26, 2026. Comments must refer to Docket No. RM26-3-000, and
must include the commenter's name, the organization they represent, if
applicable, and their address in their comments. All comments will be
placed in the Commission's public files and may be viewed, printed, or
downloaded remotely as described in the Document Availability section
below. Commenters are not required to serve copies of their comments on
other commenters.
18. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website at <a href="http://www.ferc.gov">http://www.ferc.gov</a>. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software must be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
19. Commenters that are not able to file comments electronically
may file an original of their comment by USPS mail or by courier-or
other delivery services. For submission sent via USPS only, filings
should be mailed to: Federal Energy Regulatory Commission, Office of
the Secretary, 888 First Street NE, Washington, DC 20426. Submission of
filings other than by USPS should be delivered to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
IV. Document Availability
20. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (<a href="http://www.ferc.gov">http://www.ferc.gov</a>).
21. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
22. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at
<a href="/cdn-cgi/l/email-protection#88eeedfaebe7e6e4e1e6edfbfdf8f8e7fafcc8eeedfaeba6efe7fe"><span class="__cf_email__" data-cfemail="e5838097868a8b898c8b80969095958a9791a583809786cb828a93">[email protected]</span></a>.
By direction of the Commission.
Issued: November 20, 2025.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2025-20902 Filed 11-24-25; 8:45 am]
BILLING CODE 6717-01-P
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