NEPA

The National Environmental Policy Act of 1969 (NEPA) requires that the Federal Energy Regulatory Commission (FERC) examine a project's effects on the physical and human aspects of the environment and identify and analyze the various project alternatives and associated effects. NEPA scoping is a formal process to identify issues and alternatives for analysis in the NEPA document, which is either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). FERC is responsible for organizing and conducting the NEPA scoping meetings with input and participation by Alabama Power and stakeholders.

After the needed studies are complete, Alabama Power will prepare a Preliminary Licensing Proposal (PLP) for public review and comment. In the PLP, Alabama Power will discuss any operational changes to the project, if applicable, and propose protection, mitigation and/or enhancement measures to address project effects on the resources of the Martin Project. After considering comments on the PLP, Alabama Power will file a final license application for the Martin Project on or before June 8, 2011.

It is Alabama Power's goal that the license application reflects project operations and management practices as well as protection and enhancement measures that are supported by all stakeholders.

FERC will review the license application to be sure they meet FERC regulations. Then FERC will issue a public notice requesting final terms, conditions, prescriptions and recommendations from resource agencies and other stakeholders and invite parties to intervene in the process. Intervening in the FERC process means that an agency, organization or individual officially requests in written form to be named an intervenor in the process. Intervenors will be notified of any official meetings between FERC and other parties in the relicensing process as well as receive copies of official correspondence. Receiving intervenor status also grants those entities other recognized rights in the FERC process. A stakeholder may not officially intervene in the process until after the license application has been filed with FERC.

After FERC receives final recommendations, FERC staff will prepare a draft NEPA document and issue it for a 30-day public comment period. Then FERC will incorporate comments and issue a final EA followed by the license order that contains the terms of the new license. If FERC issues an EIS rather than an EA, there will be an additional comment period following FERC's issuance of the final EIS.

If Alabama Power and stakeholders agree on project operations and protection, mitigation, and enhancement (PM&E) measures, FERC should issue a new operating license on or before the existing operating license expires.