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How to File an Application to Extend the Term of a Preliminary Permit

The Hydropower Regulatory Efficiency Act of 2013 authorizes the Commission to extend a preliminary permit term “once for not more than 2 additional years beyond the 3 years previously permitted by” Section 5 of the Federal Power Act. Therefore, a permittee may request to extend the term of its permit once, up to a total term of 5 years.

Any permittee wishing to extend the term of its permit must file an application pursuant to 18 C.F.R. §4.82 (2013) External. In its application, the applicant should specify the requested term of the extension, and pursuant to the Act, describe how it has carried out activities under its permit in good faith and with reasonable diligence.

Section 18 C.F.R. §4.82(c) External provides that “The Commission will not accept extension requests that are filed less than 30 days prior to the termination of the permit.” Commission staff will consider waiving that deadline, however, with respect to permits that expire less than 30 days from August 9, 2013, the date of enactment of the Hydropower Efficiency Act.

Updated: June 22, 2015