FERC Proposes To Eliminate Form 80 For Hydroelectric Projects

On March 17, 2018, FERC issued a Notice of Proposed Rulemaking ("NOPR") proposing to eliminate the Licensed Hydropower Development Recreation Report, designated as FERC Form No. 80 ("Form 80"), which collects information on the use and development of recreational facilities at licensed hydropower projects. In addition, FERC proposed in the NOPR to revise related regulations in order "to modernize public notice practices, clarify recreational signage requirements, and provide flexibility to assist licensees' compliance efforts."

Under the Federal Power Act, FERC has an obligation to ensure that licensed hydropower projects develop and improve waterways for beneficial public uses, including recreational use. FERC developed specific policies and regulations requiring license holders to provide for recreational activities on the subject waterways and to notify the public of those recreational opportunities. Form 80 was designed to require licensees to report to FERC on