Competing Relicensing Applications: Assessing the Threat to Existing Licensees

摘要

A substantial number of existing hydroelectric licenses will expire during the next 20 years and it is likely that many relicensing proceedings will involve competing license applications. To date, competing license applications have not resulted in the award of new licenses to competitors when an incumbent licensee is also pursuing a new license. This is attributable, in large measure, to the marginal incumbent preference, the strong compliance record of existing licensees, and existing licensees' ability to demonstrate safe, reliable and efficient operation of their projects. Nevertheless, the existential threat of a competing license application exists, and existing licensees contemplating relicensing should begin to strategically address the factors that FERC will consider when evaluating competing license applications.