Docket No. RM26-5-000 | Letter from the Secretary
At a Glance
On October 23, 2025, the Secretary of Energy (Secretary), acting under section 403 of the Department of Energy Organization Act, directed the Federal Energy Regulatory Commission (FERC) to initiate a proposed rulemaking related to preliminary permits for hydroelectric power projects.
The Secretary proposes that FERC amend its regulations to clarify that opposition from a third party – such as a federal land manager, Tribe, or other stakeholder – may not be the sole basis for denying a preliminary permit application.
Overview
A preliminary permit is an early-stage authorization under the Federal Power Act that allows an applicant to study whether a hydropower project might be feasible. A preliminary permit:
- Provides the holder priority of application (first-to-file status) for a potential license
- Allows time to conduct studies and gather data
- Does not authorize construction or land-disturbing activities
- Does not grant property rights
The Secretary’s proposal focuses only on how preliminary permit applications are evaluated. It would not change the licensing process or the review required before a hydropower project may be constructed or operated.
How to Participate
You can share your views by filing a comment in the docket:
Use eComment for shorter, text-only comments (no attachments), or
Use eFiling if you want to upload a document or include attachments.
You can follow filings and issuances through eLibrary and subscribe to updates through eSubscription.
Tip: In your filing, reference Docket No. RM26-5-000
There are three methods you can use to submit your comments to FERC.
1. eComment
You can file your comments electronically using the eComment feature in FERC Online. Using eComment is an easy method for submitting brief, text-only comments.
2. eFiling
You can file your comments electronically by using the eFiling feature in FERC Online. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making.
3. File a paper copy
You can file a paper copy of your comments by mailing them to FERC. Be sure to reference the Project Docket No. P-14890 on your letter. Submissions sent via the U.S. Postal Service must be addressed to:
Debbie-Anne A. Reese, Secretary
Federal Energy Regulatory Commission
888 First Street NE, Room 1A
Washington, DC 20426
Submissions sent via any other carrier must be addressed to:
Debbie-Anne A. Reese, Secretary
Federal Energy Regulatory Commission
12225 Wilkins Avenue
Rockville, Maryland 20852
Need Help?
The Office of Public Participation (OPP) supports meaningful public engagement in FERC proceedings and can help you navigate FERC processes and filings. You are encouraged to contact OPP staff to learn more about this proposed rulemaking and how to participate by emailing [email protected] or phone at 202-502-6595. All media inquiries should be directed to [email protected].