Industries Administration and Compliance
To transfer a license, the licensee (transferor) and designated transferee must jointly or severally file an application for approval with the Commission. Applications are filed pursuant to the Part 9 of Commissions regulations and must follow the application format in the Commission’s regulations at 18 C.F.R.§131.20 . When the transfer application is filed, the Commission’s Division of Hydropower Administration and Compliance (DHAC) will review the documents for completeness.
Each application for transfer of license must include:
- Application statement by all parties;
- Verification statement;
- Exhibit A – Proof of Citizenship;
- Exhibit B - Evidence of compliance by the transferor with all applicable state laws or how the transferee proposes to comply; and
- Qualifications of the transferee to hold the license and operate project.
Once the transfer application has been deemed satisfactory, DHAC will issue a public notice of the application with a 30-day comment period.
After the 30-day comment period, DHAC will consider all comments, interventions, and protests. If necessary, additional information will be requested from the transfer parties. Once the Commission’s review is complete and all issues are addressed, DHAC will prepare an order approving, or denying the license transfer. If the order approves the transfer, the transferee has 60 days to complete the transfer and file the instruments of conveyance or articles of merger and signed acceptance sheet. Parties to the proceeding have 30-days to request rehearing pursuant to 18 C.F.R.§385.713 .
Following the receipt of all transfer documents, DHAC will mail a Signed Acceptance of Transfer of License letter to the new licensee that includes filing instructions and mailing address, explanation of article compliance, extension of time requirements, guidance on license amendments, and where to obtain additional assistance.