Document BvbjZ6XB9geNXxbYVaOjjG3j

Document 74 - Attachment 1 CLEARPATH Hydropower Policy Recommendations To support President Trump's energy dominance agenda, and consistent with directives from recent Executive Orders, the executive branch can take a number of actions to accelerate hydropower development at federal facilities and increase investment from the private sector. This is especially true of dams under the control of the U.S. Army Corps of Engineers (USACE). Hydropower upgrades that increase energy production, improve grid reliability, enhance river health and wildlife habitats, and preserve public access to waterways align with the Administration's efforts to unlock investment in infrastructure and streamline federal permitting. By combining streamlined approvals, increased agency coordination, and clear executive direction, the U.S. will be able to preserve and strengthen its existing hydropower base--delivering dispatchable clean energy, protecting ratepayers, and reinforcing grid resilience in rural communities for decades to come. Background The U.S. hydropower fleet is aging and at risk. Over 91,000 dams across the country require rehabilitation, with 2,300 high-hazard dams requiring safety upgrades. More than 160 facilities face Federal Energy Regulatory Commission (FERC) license expirations by 2027, and many lack resources to pursue relicensing or environmental upgrades without federal regulatory burden reduction. The American Society of Civil Engineers has given U.S. dams a D grade in every report since 1998; highlighting how decades of deferred maintenance threaten grid reliability as data centers and domestic advanced manufacturing cause energy demand to surge. Hydropower, including pumped storage hydropower (PSH), provides over 100 GW of dispatchable energy capacity, supplying 6.2% of U.S. electricity, and accounting for 96% of utility-scale long-duration energy storage. It generates affordable and reliable electricity for millions of homes and businesses, How many projects are relicensing? provides life saving flood control and Historical Future irrigation, and promotes economic growth in communities across America. Over 15.700 MW of capacity is at risk if 400300- Status as of March '25 Expected NOls curnulattre Issued Rekense Pendeg Rekertse existing facilities cannot relicense. Submted NOI It Rekense Meanwhile, more than 50,000 MW of 200 - new capacity--primarily from PSH and non-powered dams (NPD)-is currently in too. the FERC queue at the preliminary permit or original license application 01 -2005 2010 2015 20'20 2025 2030 2035 stage, representing a major untapped opportunity. Source: FERC, ORNL Sierra Club v. Dept of Energy, 4:25-cv-5027 1 SC_EVERSPLIT0021472 Recommendations To compliment recent executive action, the Administration could issue a hydropower focused Executive Order focused on supporting reliable hydropower from existing infrastructure directing agencies (namely DOE, USACE, FERC, DOC, USDA, EPA, and DOI) to: (1) inventory hydropower opportunities at existing federal assets; (2) prioritize the continued operation, permitting, and construction of existing and new hydropower facilities that have a dispatchable operating range; and (3) encourage private sector NPD retrofits. Specifically, the Admin could: Direct the National Energy Dominance Council (NEDC) to establish a list of priority hydropower projects with pending license applications at FERC to be expedited. For original and new license applications that have completed all necessary environmental documents, direct FERC to resolve applications that have been pending for more than two years within twelve months and all other pending applications within two years. Direct DOE to authorize the Power Marketing Administrations (PMAs) or PMA sponsored joint-ventures to reinvest in aging hydropower infrastructure, and bundle similar projects across regions to streamline permitting, financing, and execution. Direct USACE to establish an annual process to identify no less than 5 priority dams for electrification, solicit proposals from private developers, and coordinate required funding. Direct the Assistant Secretary of the Army for Civil Works to implement a streamlined Section 408 pathway for common hydropower retrofits-set enforceable deadlines, empower district engineers, standardize lease templates and categorical exclusions, and support a technical assistance function for developers and utilities. Direct agencies to issue joint guidance to consolidate duplicative comment periods and permit timelines while expanding use of applicant-prepared environmental documents. Direct NEDC, in coordination with OMB and relevant agencies, to solicit industry feedback on regulatory bottlenecks and recommend improvements to the hydropower licensing process consistent with the original intent of the Federal Power Act. Direct DOE to evaluate areas to expand DOE's waterpower R&D activities, including opportunities related to new PSH installations and technologies. The Administration could provide recommendations to Congress for consideration in the Water Resources Development Act (WRDA) to authorize new construction, expand partnerships, and modernize regulatory authorities. Potential WRDA focus areas could include: Expedited FERC relicensing for projects implementing environmental upgrades, with all agency comments consolidated into a single round Fast-track interconnection for retrofits at federal dams, with pilot exemptions from full queue studies A joint FERC--USACE review track for non-federal developers at federal sites, with permit-by-rule eligibility for standard retrofit designs Sierra Club v. Dept of Energy, 4:25-cv-5027 2 SC_EVERSPLIT0021473