FERC-515, Declaration of Intention

Under Part I of the Federal Power Act (FPA), the Commission has the authority to issue licenses for hydroelectric projects on the waters over which Congress has jurisdiction. Any person, state, or municipality planning to develop hydroelectric power must have a license or exemption from the Commission to construct, operate, or maintain any dam, water conduit, reservoir, or power house along or in any navigable waters of the United States, upon any part of the public lands or reservations of the United States, or which will affect interstate commerce. Section 23(b)of the FPA provides that any person intending to construct project works on a non-navigable commerce clause water must file a declaration of their intention to do so with the Commission. Section 23(b) further provides that upon the filing of a declaration of intent, the Commission will investigate the proposed project, and, if it finds that the “interests of interstate or foreign commerce would be affected” by the proposed project, then the person intending to construct the project must obtain a Commission license before starting construction. Submission of the data is necessary for the Commission to make a required determination as to jurisdiction over the proposed project. The respondent universe that would submit a declaration of intention can be defined and is limited to potential developers of hydropower projects at sites where the Commission jurisdiction may be in question. Such sites are generally on streams other than those defined as U.S. navigable waters, and over which Congress has jurisdiction under its authority to regulate foreign and interstate commerce. “

The latest form for FERC-515, Declaration of Intention expires 2023-03-31 and can be found here.

FERC-515, Declaration of Intention - Private Sector

Federal Enterprise Architecture: Energy - Energy Supply