HR2072-119

What This Bill Does

This bill gives the Federal Energy Regulatory Commission extra flexibility for hydropower construction deadlines affected by timing constraints. A covered project is a hydropower project for which FERC issued a license before March 13, 2020. At the request of a licensee, FERC may, after reasonable notice and for good cause, extend the period to commence construction for up to six additional years beyond the eight years already authorized by section 13 of the Federal Power Act. The extension must be no more than three consecutive two-year periods, begins when the licensee's final existing Federal Power Act construction-start extension expires, and ends no more than six years after FERC's latest existing extension authority. If a covered project's construction-start period expired after December 31, 2023, and before enactment, FERC may reinstate the license effective as of the expiration date, and the new extension authority takes effect from that expiration date.

Who Benefits and How

Hydropower licensees with pre-March 13, 2020 licenses benefit from a chance to keep projects alive despite construction-start delays. Hydropower developers benefit from up to six additional years divided into three two-year extension periods. Communities expecting hydropower generation may benefit if delayed projects can proceed instead of losing licenses. Project investors benefit from reduced risk that an expired deadline wipes out prior licensing work. FERC benefits from explicit authority to reinstate recently expired covered licenses rather than relying on narrower existing timelines.

Who Bears the Burden and How

FERC must review licensee requests, provide reasonable notice, determine good cause, administer up to three two-year extensions, and decide whether to reinstate expired licenses. Environmental and river stakeholders may face longer timelines before delayed hydropower projects are abandoned or reconsidered. Competing energy developers may wait longer for sites or grid opportunities tied to delayed projects. Licensees must still request extensions and show good cause. Agency staff must track expiration dates after December 31, 2023, and before enactment.

Key Provisions

• Establishes covered projects as hydropower projects licensed by FERC before March 13, 2020.
• Authorizes FERC to extend construction-start deadlines after licensee request, reasonable notice, and good cause.
• Extends eligible construction-start periods by up to six additional years beyond the Federal Power Act's existing eight-year authority.
• Limits the extension structure to no more than three consecutive two-year periods.
• Authorizes FERC to reinstate covered licenses that expired after December 31, 2023, and before enactment.
• Requires reinstated-license extensions to take effect as of the prior expiration date.