43 C.F.R. § 45.71
How do I propose an alternative?
Cite as 43 C.F.R. § 45.71 (2026)
(a)
General.
To propose an alternative condition or prescription, you must:
(1) Be a license party; and
(2) File a written proposal with OEPC:
(i) For a case under § 45.1(d)(1), within 30 days after DOI files a preliminary condition or prescription with FERC; or
(ii) For a case under § 45.1(d)(2), within 60 days after DOI files a proposed condition or prescription with FERC.
(b)
Content.
Your proposal must include:
(1) A description of the alternative, in an equivalent level of detail to DOI's preliminary condition or prescription;
(2) An explanation of how the alternative:
(i) If a condition, will provide for the adequate protection and utilization of the reservation; or
(ii) If a prescription, will be no less protective than the fishway prescribed by DOI;
(3) An explanation of how the alternative, as compared to the preliminary condition or prescription, will:
(i) Cost significantly less to implement; or
(ii) Result in improved operation of the project works for electricity production;
(4) An explanation of how the alternative will affect:
(i) Energy supply, distribution, cost, and use;
(ii) Flood control;
(iii) Navigation;
(iv) Water supply;
(v) Air quality; and
(vi) Other aspects of environmental quality; and
(5) Specific citations to any scientific studies, literature, and other documented information relied on to support your proposal, including any assumptions you are making (
e.g.,
regarding the cost of energy or the rate of inflation). If any such document is not already in the license proceeding record, you must provide a copy with the proposal.
- Cross-references to the CFR
- 45.1