Guidance on Environmental Measures in License Applications 

The Federal Energy Regulatory Commission (Commission) staff has undertaken a 

number of initiatives to foster the development of license applications in an efficient 

and timely manner. One important component of license applications is the 

description of proposed measures and plans to protect, mitigate, or enhance 

environmental resources (PM&E Measures). Proposed PM&E measures could 

include modifications to project facilities and operations; construction, operation, and 

maintenance of new facilities; or protection or mitigation measures for addressing 

project-related effects. These could be individual measures, or a series of related 

measures (e.g., construction and maintenance of two boat docks, a picnic area, and a 

trail) which may be packaged into one plan (e.g., a Recreation Plan). How (and if) 

these proposed measures are packaged is not as important as the information that 

should be provided. Applicants have requested that Commission staff provide 

guidance on the level of detail that should be provided and at what point in the 

licensing process these measures are needed. We offer the following guidance in 

developing any proposed environmental measures. 

GOAL

Commission staff must have an application with sufficient detail to complete the 

environmental analysis required under the National Environmental Policy Act of 1969 

as amended (NEPA), and to weigh the benefits of any proposed measures along with 

their costs (economic, generation, and other competing uses) and any alternative 

proposed measures, as required under sections 4(e) and 10(a) of the Federal Power 

Act. While Commission staff understand that the level of detail on PM&E measures 

may vary, the goal is to have sufficient information on measures to be able to 

recommend to the Commission implementation of those measures that are best 

adapted to a comprehensive plan for improving or developing the waterway in any 

license issued. 

INFORMATION REQUIREMENTS

To achieve this goal, applicants, agencies, tribes, and non-governmental organizations 

should provide specific measures that permit staff to describe what is going to be 

done, where, when, how, and why. That information should include at a minimum: 

(a) a description of the specific measures to be implemented, including conceptual 

drawings, depictions, or similar graphic information for any facilities proposed to be 

constructed; (b) a clear description of where any proposed measures are likely or 

intended to be implemented, whether these are related to operation (e.g., the release 

points for minimum flows and where the flow would be measured), facilities, or 

protective or mitigative measures for addressing project-related effects, including 

reference to the project boundary; (c) a preliminary description of any steps necessary 

to implement measures and the preliminary schedules for implementing the measures 

referenced to the license issuance date; (d) a description of the purpose of the 
measures and the benefits that they would provide; (e) the consultation record leading 

to the measures; (f) an estimated cost for the implementation of each measure; and (g) 

as applicable, an applicant's explanations as to why it is not adopting any comments 

or recommendations made by stakeholders. Final details may not always be possible. 

However, what is provided should be sufficient to answer the above questions. 

 

WHEN SHOULD THIS INFORMATION BE PROVIDED

To promote constructive feedback, proposed measures should be provided as soon as 

possible in the pre-filing portion of the licensing process. 

Proposed PM&Es at Culmination of Study Phase: 

Some measures are developed at the culmination of the study phase and included in 

study reports filed with the Commission. If any are developed at this phase, they 

should be incorporated by reference in an applicant’s draft license 

application/preliminary licensing proposal (DLA/PLP). 

PM&Es in the Preliminary Licensing Proposal or Draft Application: 

To promote constructive feedback, preliminary proposals for measures and plans to 

protect, mitigate, or enhance environmental resources should be described and 

evaluated to the extent possible in an applicant’s DLA/PLP documents (18 C.F.R. §§ 

5.16(b)(1) and (2)). At a minimum, the draft license application/PLP should include 

preliminary proposed measures, operations and maintenance plans, and a draft 

environmental analysis associated with them. 

PM&Es in the License Application: 

By the time the final license application is filed, all of an applicant's proposed PM&E 

measures must be provided (18 C.F.R. § 5.18(b)(5)(ii)(C)), including the information 

identified in (a) through (g) above. Measures that contain sensitive information (e.g., 

location of an archaeological site) should be submitted separately and marked "Not 

for Public Disclosure” (18 C.F.R. § 388.107 (c)).