16 USC 823f - Closed-loop pumped storage projects

U.S Code last checked for updates: May 19, 2024

§ 823f.

Closed-loop pumped storage projects

(a)

Expedited licensing process for closed-loop pumped storage projects

(1)

In general

(2)

Rule

(3)

Interagency task force

(4)

Length of process

(b)

Dam safety

(c)

Exceptions from other requirements

(1)

In general

(2)

Consultation

(3)

Terms and conditions

In granting an exception under paragraph (1), the Commission shall include in any such exception—

(A)

such terms and conditions as the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the State agency described in paragraph (2) each determine are appropriate to prevent loss of, or damage to, fish and wildlife resources and to otherwise carry out the purposes of the Fish and Wildlife Coordination Act; and

(B)

such terms and conditions as the Commission deems appropriate to ensure that such closed-loop pumped storage project continues to comply with the provisions of this section and terms and conditions included in any such exception.

(4)

Fees

(d)

Transfers

Notwithstanding section 798 of this title, and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section 800(a) of this title when obtaining the permit, on request by a municipality, the Commission may, to facilitate development of a closed-loop pumped storage project—

(1)

add entities as joint permittees following issuance of a preliminary permit; and

(2)

transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality, if the municipality retains majority ownership of the project for which the license was issued.

(e)

Interagency communications

Interagency cooperation in the preparation of environmental documents under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an application for a license for a closed-loop pumped storage project submitted pursuant to this section, and interagency communications relating to licensing process coordination pursuant to this section, shall not—

(1)

be considered to be ex parte communications under Commission rules; or

(2)

preclude an agency from participating in a licensing proceeding under this subchapter, providing that any agency participating as a party in a licensing proceeding under this subchapter shall, to the extent practicable, demonstrate a separation of staff cooperating with the Commission under the National Environmental Policy Act 1

 So in original. Probably should be followed by “of 1969”.

(42 U.S.C. 4321 et seq.) and staff participating in the applicable proceeding under this subchapter.

(f)

Developing abandoned mines for pumped storage

(1)

Workshop

(2)

Guidance

(g)

Qualifying criteria for closed-loop pumped storage projects

(1)

In general

(2)

Inclusions

In establishing the criteria under paragraph (1), the Commission shall include criteria requiring that the pumped storage project—

(A)

cause little to no change to existing surface and ground water flows and uses; and

(B)

is unlikely to adversely affect species listed as a threatened species or endangered species under the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.].

(h)

Savings clause

(June 10, 1920, ch. 285, pt. I, § 35, as added Pub. L. 115–270, title III, § 3004, Oct. 23, 2018, 132 Stat. 3865.)

cite as: 16 USC 823f