Preparing an Application
Formal Study Dispute Resolution Process [see 18 CFR 5.14 ]
Any Federal land managing agency with authority to provide mandatory conditions for a license pursuant to section 4(e) of the Federal Power Act (e.g., U.S. Forest Service), or to prescribe fishways pursuant to section 18 of the Federal Power Act (U.S. Department of Interior or Commerce), or any agency or tribe with authority to issue a water quality certification under section 401 of the Clean Water Act can request that any study rejected by the Director that is related to its mandatory conditioning authority be re-examined by an independent panel. The panel is composed of three members that have no previous connection to the licensing process for the project:
- One from the disputing agency;
- One from the Commission; and
- One resource expert chosen by the two other panel members from a list of experts maintained by the Commission.
The Director will consider the recommendations of the panel, and issue a written determination considering the study criteria and any applicable law or Commission policy and practices. The determination will explain why any panel recommendation was rejected, if applicable. The determination shall constitute an amendment to the approved study plan. The applicant is required to conduct the approved studies as amended.
For the list of resource experts, see:
Third Panel Members' List For Study Dispute Resolution By Resource Expertise.
To apply to be placed on the list, follow the directions in: Notice Requesting Applications for Panel Member List for Hydropower Licensing Study Dispute Resolution .
For a history of requested study disputes and outcomes, see: Requests for Study Dispute Resolution.