FERC License Implementation and Lessons Learned

摘要

FERC license implementation is a part of the greater licensing process, and the receipt of the license order is little more than a punctuation mark separating the successful end of the application phase from the beginning of the challenging implementation phase. The implementation phase is subject to a process of its own. Within the first thirty days, the licensee must decide whether or not to file for rehearing on the license or its articles. The licensee may also request clarification or a minor revision of an article. Within the first six months, the licensee typically must file an implementation plan and schedule. Upon FERC approval of the plan, the licensee may commence implementation. As the licensee progresses through the implementation process, a number of problems may arise. Among these are potentially difficult post-license and post-approval agency consultations, possible plan changes during approval, occasionally restrictive construction prohibiltion clauses, and the unexpected need to make changes to the field plan and schedule. This paper suggests approaches that the licensee may take in seeking ways to overcome some of these obstacles. Overall, the license implementation process requires the highest level of cooperation among parties who may have been adversaries not long ago.