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Federal Energy Regulatory Commission

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Hydropower Regulatory Efficiency Act of 2013

Hydropower dam On August 9, 2013, President Obama signed into law the "Hydropower Regulatory Efficiency Act of 2013" PDF. The Act, among other things:

(1) exempts certain conduit hydropower facilities from the licensing requirements of the Federal Power Act (FPA);
(2) amends Section 405 of the Public Utility Regulatory Policies Act of 1978 to define "small hydroelectric power projects" as having an installed capacity that does not exceed 10,000 kilowatts;
(3) authorizes the Commission to extend the term of preliminary permits once for not more than 2 additional years beyond the 3 years previously allowed under Section 5 of the FPA; and
(4) directs the Commission to investigate the feasibility of a 2-year licensing process for hydropower development at non-powered dams and closed-loop pump storage projects.

Qualifying Conduit Facilities: Please follow the links below for guidance on how to file a notice of intent to construct a qualifying conduit facility, an application for a small hydropower exemption, and an application to amend a preliminary permit term.

How to file a Notice of Intent to Construct a Qualifying Conduit Facility How to file an Application for a Small Hydropower Exemption How to file an Application to Extend the term of a Preliminary Permit