Licensing Processes

In developing a license application, applicants must complete and document a three-stage pre-filing consultation process 18 CFR § 4.38 for original licenses and 18 CFR §16.8 for relicenses. The steps include:

First Stage

• Applicant issues notice of intent, preliminary application document, request to use TLP, and newspaper notice.
• Commission approves use of TLP.
• Applicant conducts joint agency/public meeting and site visit.
• Resource agencies and tribes provide written comments.
• Agencies, tribes, or applicant request dispute resolution on studies with the Commission.

Second Stage

• Applicant completes reasonable and necessary studies.
• Applicant provides draft application and study results to resource agencies and tribes.
• Resource agencies and tribes comment on draft application.
• Applicant conducts meeting if substantive disagreements exist.

Third Stage

Applicant files final application with Commission and sends copies to agencies and tribes.

In contrast to the traditional licensing process described above, Applicants can utilize the Commission's alternative licensing process designed to improve communication among affected entities.  The requirements of the alternative licensing process are found in 18 CFR § 4.34(i) and discussed in detail in Order No. 596.

As part of the alternative licensing process, an applicant can:

• Tailor the pre-filing consultation process to the circumstances of each case.
• Combine into a single process the pre-filing consultation process and environmental review processes under the National Environmental Policy Act and other statutes.
• Allow for preparation of a preliminary draft environmental assessment by an applicant or an environmental impact statement by a contractor chosen by the Commission and funded by the applicant.