Licensing Milestones
The major milestones in the Cascade Creek Project licensing schedule are:
- Preliminary Permit & Issuance
- Request to Use Alternative Licensing Process
- Initial Consultation
- Progress Reports
- Study Planning, Execution, & Reporting
- Scoping Documents & Meetings
- Draft License Application & Preliminary Draft Environmental Assessment
- Final License Application
- FERC License Application Processing
These Milestones are described in detail in following Sections, with links to associated documents and other material.
Preliminary Permit & Issuance
A Preliminary Permit Application was submitted to the FERC on May 4, 2004. The Permit was issued on October 8, 2004 and expired on September 30, 2007. A new Preliminary Permit Application was submitted to the FERC on October 2, 2007. This second Permit was issued on February 14, 2009, and expires on January 31, 2011.
Request to Use Alternative Licensing Process
CCLLC is utilizing the Alternative Licensing Process (ALP) authorized by the FERC to streamline the licensing process. Under the ALP, CCLLC would conduct certain elements of the National Environmental Policy Act (NEPA) and would prepare a Preliminary Draft Environmental Assessment (PDEA), as described in more detail in the web site links.
CCLLC sent a letter requesting use of the ALP to the FERC on August 2, 2007. Use of ALP was approved by the FERC in their letter dated September 13, 2007.
CCLLC also distributed a request to use ALP and Draft Communications Protocol (CP) to project stakeholders. The CP identifies participants and directs communications, meetings, documentation, and review of Project documents. Several stakeholders returned approvals of the ALP request and CP.
Initial Consultation
The FERC requires that licensing applicants conduct Initial Consultation, a process through which the applicant prepares and distributes a descriptive document outlining the project description, affected environment, any proposals to modify the project or its operations on licensing, and proposed studies and environmental impacts, as known at the time of initial consultation.
CCLLC prepared a Pre-Application Document (PAD). The document was for a combination of three projects in the Thomas Bay area for which the applicant held preliminary permits: Cascade Creek Hydroelectric Project, Ruth Lake Hydroelectric Project, and Scenery Lake Hydroelectric Project. The PAD described the proposed Cascade Creek, Ruth Lake, and Scenery Creek Hydroelectric Projects and pertinent data and information on the surrounding area. The purpose of the PAD was to enable project licensing stakeholders to identify issues and related information needs. The Applicant has since decided not to continue with the Ruth Lake and Scenery Lake projects after the expiration of their preliminary permits.
The FERC hydro project licensing regulations require an applicant to conduct an Initial Consultation Meeting early in the licensing to present project and licensing-related information to the attendees. Regulations also require an applicant to make available a site visit to allow interested parties to view the project facilities.
CCLLC has conducted two meetings, one primarily for agency participation (the topics were largely technical and procedural) and the other for broader public participation. The agency meeting was held on September 26, 2007, in Juneau, AK, and the public meeting was held on September 27, 2007, in Petersburg, AK. Draft Agency and Public Meeting Minutes were distributed by CCLLC.
Progress Reports
The Preliminary Permit requires CCLLC to submit six-month progress reports documenting consultation, feasibility and study planning, and execution progress. When use of the ALP was granted, FERC regulations require that CCLLCC submit status reports every six months from the time of ALP approval. The six-month progress reports under the Preliminary Permit were submitted to the FERC on the following dates:
FERC No. 12495-002
| First Six-Month Progress Report | submitted on July 31, 2008 |
| Second Six-Month Progress Report | submitted on February 1, 2009 |
| Third Six-Month Progress Report | submitted on July 31, 2009 |
| Fourth Six-Month Progress Report | submitted on January 31, 2010 |
| Fifth Six-Month Progress Report |
FERC No. 12495-000
| First Six-Month Progress Report | submitted on May 25, 2005 |
| Second Six-Month Progress Report | submitted on September 29, 2005 |
| Third Six-Month Progress Report | submitted on March 31, 2006 |
| Fourth Six-Month Progress Report | submitted on September 31, 2006 |
| Fifth Six-Month Progress Report | submitted on March 31, 2007 |
Study Planning, Execution, & Reporting
Study Planning and Meeting(s)
On July 23, 2008, CCLLC conducted a site visit and study planning meeting in Petersburg, AK. At this meeting, agencies and CCLLC discussed plans and requirements for various resources, including specific study plans for stream gaging, lake fisheries and bathymetry scanning. All of these activities would result in minimal or no significant environmental disturbance. A Draft Meeting Summary and 2008 Study Plans were prepared and distributed to resource agencies.
Hydrology Study
Gages are planned to be installed in the mouth of Cascade Creek upstream of the lowest falls at the prior USGS gaging site to monitor water quantity. After collecting and processing data, Data Results Summaries will be prepared.
Lake Fisheries & Bathymetry Study
The Lake Fisheries Study Plan is only for preliminary freshwater fishery survey activities. One of the main purposes of this study is to establish an estimate of the abundance and size distribution of rainbow trout in Swan Lake.
A hydroacoustic study was conducted and the Draft Swan Lake Hydroacoustic Study Report was distributed on March 9, 2009, for agency comment.
Aquatic Resources Study
A Draft Aquatic Resources Study Plan was developed and distributed to agencies for comment on February 2, 2010.
Wildlife Resources Study
A Draft Wildlife Resouces Study Plan was developed and distributed to agencies for comment on February 2, 2010.
Scoping Meeting and Documents
Scoping is a process required under the NEPA of 1969, the objective of which is development of a list of environmental issues to be addressed through the environmental review process of a federal action (such as licensing a federally-licensed project). In May 2009, CCLLC prepared Scoping Document 1 (SD1) containing a project description, and a preliminary listing of expected environmental impact issues. Scoping meetings, as announced in SD1, were held at the following dates, times, and locations:
| Agency Meeting: | June 18, 2009, 9:00 AM in Petersburg, AK at the Tides Inn |
| Public Meeting: | June 18, 2009, 7:00 PM in Petersburg, AK at the Tides Inn |
| Site Visit: | June 17, 2009 |
Meeting minutes were prepared for the Agency and Public meetings and filed with the FERC on August 10, 2009.
Comments on the meetings and SD1 will be incorporated into Scoping Document 2 (SD2), the NEPA document on which subsequent issues and impact analyses will be based.
Draft License Application and Preliminary Draft Environmental Assessment
After Scoping and completion of most of the required environmental studies, the Applicant will prepare a Draft License Application (DLA) and a Preliminary Draft Environmental Assessment (PDEA). The DLA will be distributed to the list of participants and other interested parties, with a 90-day review period. The Department of the Interior provided Draft Terms and Conditions with their comments.
Final License Application
After incorporating comments received on the DLA, CCLLC will prepare and submit the Final License Application (FLA) to the FERC.
FERC License Application Processing
The FERC will review the FLA for adequacy under the FPA requirements and either accept or reject it. It is not unusual for the Commission to issue Additional Information Requests (AIRs).
FERC issues AIRs to obtain the information necessary for the Commission staff to prepare the FERC Draft Environmental Assessment (DEA). The FERC DEA is in the same format and contains roughly the same information as the Applicant’s DEA, but is the result of independent FERC Staff review, and may not present the same conclusions as the Applicant’s DEA. The FERC DEA review period is 30 days.
When the additional information is acceptable, the FERC issues a “Ready for Environmental Assessment” Notice, and requests Final Terms and Conditions from applicable resource agencies. If the Applicant disagree with any of the Terms and Conditions, FERC may implement formal Dispute Resolution.
After successful dispute resolution, FERC prepares the FERC Final Environmental Assessment (EA), which may accompany an Order Issuing New License.