ILP APPLICATION CHECKLIST FOR EXHIBITS E & 

PURSUANT TO 18 CFR § 5.18 
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ILP Application Checklist, exhibits E & H 

18 CFR § 5.18 

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§ 5.18 (a) - GENERAL CONTENT REQUIREMENTS (1) Identify entities with relevant proprietary rights (2) Name and addresses for: 

((i), (ii) (A), (iii) (A)) Every county, local political subdivision, and special purpose political subdivision in which the project, or Federal facilities used by the project, would be located (ii)(B)Every local political subdivision (city, etc.) with a population of 5,000 or more people that is located within 15 miles of the project dam (iii) (B) Every special purpose political subdivision (irrigation district, etc.) that owns, maintains, or uses any facilities that the project would use. (iv) Other interested or affected political entities (v) Affected Indian tribes 

(3) (i) Certified mail filing notification for: 

(A) Owners of underlying or adjacent property (B) Entities identified in (a)(2) and any government agencies that would likely be interested in or affected by the application 

(ii) Contents of Notice: 

• Applicant’s name, • Business address, • Telephone number, & • A copy of exhibit G 
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(4) (i) Verification of application facts (under oath) 

(ii) Notarized document verifying application contents (must include the applicant’s name and address, and the state and county in which the application is executed). 

(5) Additional Requirements by project type. (See Checklists for § 4.51 and 

§ 4.61) 

(i) Minor projects or a major projects (5 MW or less) should include the information required by § 4.61 (General instructions, initial statement, and Exhibits A, B, C, D, F, and G) (ii) Major unconstructed projects or major modified projects should include the information required by § 4.41 (General instructions, initial statement, and Exhibits A, B, C, D, F, and G) (iii) Major project--existing dam should include the information required by § 4.51 (General instructions, initial statement, and Exhibits A, F, and G) (iv) Projects located at a new dam or diversion where the applicant seeks PURPA benefits should see § 292.208. 

§ 5.18 (b) EXHIBIT E- ENVIRONMENTAL EXHIBIT General Requirements: 

• Address the resources listed in § 5.6 (the PAD) • follow the Commission’s “Preparing Environmental Assessments: 

Guidelines for Applicants, Contractors, and Staff,” 

Format and Content Requirements for Exhibit E (1) Describe the river basin and tributaries including: 

• Basin area and stream length measurements • Reference points (e.g., river miles) 
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• Topography and climate • Major land uses • Economic activities 

(2) Discuss the Cumulative Effects (based on Commission’s Scoping 

Document, consultation, and study requests) including the: • Geographic and temporal scope of analysis • Past, present, and future actions and their effects on resources over 

30-50 years 

• Future actions’ effect on cumulatively affected resources • Past actions’ effects on the resources in the Affected Environment 

Section. 

(3) Applicable Laws (status of compliance with or consultation under): 

(i) Section 401 of the Clean Water Act (CWA) (ii) Endangered Species Act (ESA) (iii) Magnuson-Stevens Fishery Conservation and Management Act(iv) Coastal Zone Management Act (CZMA) (v) National Historic Preservation Act (NHPA) (vi) Pacific Northwest Power Planning and Conservation Act (Act) (vii) Wild and Scenic Rivers and Wilderness Act

(4) Description of project facilities and operations including: 

(i) Maps showing facilities, lands, and waters within project boundary (ii) Configuration of dams, spillways, penstocks, and other structures (iii) Water surface area & elevation, impoundment(s) gross storage area 
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(iv) Number, type, and minimum and maximum hydraulic capacity and installed capacity of existing and proposed turbines or generators (v) Dependable capacity, and average annual energy production (vi) The current and proposed operation of the project, including daily or seasonal ramping rates, flushing flows, reservoir operations, and flood control operations 

(5) Proposed Action and Alternatives 

(i) Explain the effects of the applicant’s proposal on each resource and include: 

(A) The affected environment (B) The effects of the applicant’s licensing proposal and, if reasonably possible, any terms and conditions filed with the Commission (C) Unavoidable adverse impacts 

(ii) Additional Information pertaining to the resources listed in § 5.6 or § 5.8: 

(A) Describe the affected environment by resource area including: 

• Any Information developed or obtained by the applicant • Socioeconomic conditions in the project vicinity (land use patterns, population patterns, and sources of employment, etc.). 

(B) Present environmental study results by resource area and: 

• Evaluate the beneficial and adverse effects of the proposed project• Describe any anticipated continuing environmental impacts and incremental impacts of proposed new development 

(C) Describe proposed environmental measures by resource area including: 

• Changes in the project design or operations to address 
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environmental effects and the basis for such measures • How each proposed measure would protect or enhance the existing environment including, when possible, anticipated benefits in non-monetary terms • Existing measures to be continued for the purpose of protecting and improving the environment and any proposed preliminary environmental measures received from the consulted resource agencies, Indian tribes, or the public. • If measures, proposed by a resource agency, Indian tribe, or member of the public, are not adopted, state the reasons based on project-specific information. 

(D) Unavoidable adverse impacts 

• Duration of impacts • Significance of impacts (minor or major) • Cumulative or site-specific impacts 

(E) Economic Analysis including annualized current cost-based information on the: 

• Cost of operating and maintaining the project (existing projects) • Cost of constructing, operating, and maintaining the proposed project (new project) • Cost of resource protection, mitigation, or enhancement measures • Value of developmental resources (existing license) • Value of developmental resources for proposed project (new project) • Developmental resources may include power generation, water supply, irrigation, navigation, and flood control. • Any reduction in value of project development resource 

(F) Consistency with comprehensive plans 

• Explain how proposed project would, would not, or should comply 
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with relevant comprehensive plans. 

(G) Document consultation by listing the name, and address of entities consulted in preparation of the Environmental Document (H) Literature cited 

(2) Additional required information includes: 

(A) Functional design drawings of fish passage, collection, and other 

facilities necessary to implement environmental measures. (§ 4.39) 

(B) Description of operation and maintenance procedures for existing or 

proposed facilities or measures 

(C) Schedule for construction and implementation of proposed 

measures. 

(D) Cost estimates for construction, operation and maintenance of any 

proposed facilities or environmental measures 

(E) Map or drawing indicating existing and proposed measures and facilities (§ 4.39) 

§ 5.18 (c) - EXHIBIT H (1) Filing Requirements for New Licenses 

(i) General requirements for all applicants 

(A) Plans and ability to operate and maintain reliable service by: 

(1) Increasing capacity or project generation (2) Coordinating with upstream & downstream projects (3) Coordinating with electrical systems to minimize costs 

(B) Applicant’s short & long term need for project power including: 

(1) Reasonable costs and availability of alternative sources of power 
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if the license is denied 

(2) Costs incurred for alternate power, if the license is denied (3) The effect of each alternate source of power on: 

(a) the applicant’s customers, (b) load and operating characteristics, (c) the communities served 

(C) Data showing the need, cost and availability of alternative power 

sources including: 

(1) The average annual cost of power (include the basis for the 

calculation) 

(2) The resources required by applicant to meet applicant's capacity 

& energy needs over the short/long term; including 

(a) Energy and capacity resources, (b) A resource analysis (including resource margins), & (c) Load management measures effect on capacity and energy 

requirements 

(iv) For alternate sources of power including new capacity at existing 

units, new construction, off-system power purchases, & load management. measures - 

(1) Show annual cost of alternative, (2) Basis of cost, (3) Discussion of relative merit of each alternative, (4) Effect on direct provider 

(D) Effect of losing power on applicant's own industrial facilities, its 

workers, and the related community 

(E) Statement of tribe's need for power (applies to applicants who are 

Indian tribes) 

(F) Impact on applicant's transmission system of receiving/not receiving 
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license, including:. 

(1) Effects of redistributing flows, line losses, new lines, with costs (2) Advantages of applicant's transmission system in power 

distribution 

(3) Detailed single-line diagrams 

(G) Statement of need to modify project & conformance with 

compliance plans (if applicant intends to modify the plans) 

(H) Statement of conformity with compliance plans (if applicant does not 

intend to change the plans) 

(I) Applicant's financial & personnel resources to meet obligations under 

new license 

(J)Notify lands owners, by certified mail, of any planned expansion (K) Applicant's electricity consumption efficiency improvement program 

including: 

(1) Applicant’s record assisting its customers to conserve electricity and its plans and capabilities for promoting future electricity conservation (2) Compliance of the applicant’s energy conservation plans with any regulatory requirements 

(L) Names and addresses of every Indian tribe with underlying land or 

land that may be otherwise be affected by the proposed project 

(ii) Information to be provided by an applicant licensee

(A) the information specified in (c)(1) (B) A statement of measures taken or planned by the licensee to ensure 

safe management, operation, and maintenance of the project, including descriptions of: 
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(1) Existing and planned operation of the project during flood 

conditions 

(2) Any warning devices used to ensure downstream public safety (3) Any proposed changes to the project’s operation or downstream 

development that might affect the existing Emergency Action Plan 

(4) Existing and planned monitoring devices to detect structural 

movement or stress, seepage, uplift, equipment failure, or water conduit failure, including maintenance and monitoring programs used or planned in conjunction with the devices 

(5) The project’s employee safety and public safety record 

(C) Description of the current project operation (include constraints) (D) Discussion of the project’s history and record of programs to 

upgrade project operation and maintenance 

(E) Summary of any lost generation over the last five years due to 

unscheduled outages. Include the cause, duration, and corrective action. 

(F) Licensee’s record of compliance with the existing license. Include a 

list of noncompliance incidents, their disposition, and any documentation relating to each incident. 

(G) Discussion of any actions taken by the existing licensee related to a 

project that affects the public. 

(H) Summary of ownership and operating expenses that would be 

reduced if the project license were transferred from the existing licensee. 

(I) Statement of annual fees paid under Part I of the FPA for the use of 

any Federal or Indian lands included within the project boundary 

(iii) Information to be provided by an applicant who is not an existing 
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licensee

(A) The information specified in paragraph (c)(1) (B) A statement of the applicant’s plans to manage, operate, and 

maintain the project safely, including: 

(1) The operation and maintenance procedures planned by the 

applicant and those of the existing licensee 

(2) Any measures proposed by the applicant to implement the 

existing licensee’s Emergency Action Plan 

(3) The applicant’s plans to continue safety monitoring of existing 

project instrumentation and any proposed changes 

(4) Statement indicating whether the applicant is requesting the 

licensee to provide transmission services under section 15(d) of the FPA 

§ 5.18 (d) - CONSISTENCY WITH COMPREHENSIVE PLANS

• An explanation of why the project would, would not, or should not, 

comply with any relevant comprehensive plans 

• Any relevant determination (by a resource agency or Indian tribe) 

regarding the project’s consistency with any such comprehensive plans 

§ 5.18 (e) - RESPONSE TO INFORMATION REQUESTS

• Show that the applicant: (1) responded to information requests • Show that the applicant complied with each information request, or 

explain the basis for declining to do so. 

§ 5.18 (f) - MAPS AND DRAWINGS must conform to the specifications of § 

4.39 of this chapter 

ADDITIONAL COMMENTS: