How to File a Notice of Intent to Construct a Qualifying Conduit Hydropower Facility

Under the Hydropower Regulatory Efficiency Act of 2013, as amended by America’s Water Infrastructure Act of 2018, the Commission is required to determine whether proposed projects meet the criteria to be considered “qualifying conduit hydropower facilities.” Qualifying conduit hydropower facilities are not required to be licensed or exempted by the Commission; however, any person, State, or municipality proposing to construct a facility that meets the criteria must file a Notice of Intent to Construct a Qualifying Conduit Hydropower Facility with the Commission.

A “qualifying conduit hydropower facility” must meet the following provisions:

1. A conduit is any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption, and is not primarily for the generation of electricity.
2. The facility generates electric power using only the hydroelectric potential of a non-federally owned conduit.
3. The facility has an installed capacity that does not exceed 40 megawatts (MW).
4. The facility was not licensed or exempted from the licensing requirements of Part I of the FPA on or before August 9, 2013.

If you determine your facility meets the provisions, the following links provide a template of the required notice and sample drawings. If you already have a preliminary permit for the facility or an application for a permit pending at the Commission, please include the project number for the permit or permit application in your notice of intent. If you file your notice of intent electronically, please also file it in the docket of any existing permit or permit application.

• Notice of Intent to Construct Qualifying Conduit Facility Template
• Example Plan View Drawing

Filing Information

The Commission provides an online system as a gateway for access to project information and filings via the Internet. eRegistration provides an easy-to-use entry point to do business with the Commission and is required for use of some of the Commission’s other systems. eFiling allows you to submit filings electronically. eLibrary is the Commission’s online records information service providing public access to most of the documents filed with, or issued by, the Commission. eService ensures that parties on the Service List receive electronic notification of Commission issuances and is the Commission’s primary method of service of Commission issuances. eSubscription allows you to subscribe to a specific docket (Project Number), and receive notification via email about all future submittals and issuances. The Commission strongly encourages electronic filing.