NEPA Scoping
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, the Resource Advisory Teams and Cooperative Relicensing Teams with public participation and input will work to reach agreement on project operations and future management. This agreement will be presented as the "Preferred Alternative" in the NEPA document. Alabama Power will prepare draft license applications and draft Applicant Prepared Environmental Assessments (APEA). The draft applications will be distributed to all stakeholders for review and comment. Based on comments and further negotiations, Alabama Power will revise the applications and APEAs and file them with FERC by July 31, 2005.
It is Alabama Power's goal that the license applications and APEAs reflect project operations and management practices as well as protection and enhancement measures that are supported by all stakeholders.
FERC will review the license applications and NEPA documents 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 applications and NEPA documents have 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 new operating licenses no more than 1 year after Alabama Power submits the applications and draft APEAs. This timeframe should ensure that new licenses are received on or before the expiration of the current licenses.
