FEDERAL ENERGY REGULATORY COMMISSION
`Office of Energy Projects
`Division of Dam Safety and Inspections– Atlanta Regional Office
`Gwinnett Commerce Center
`3700 Crestwood Parkway, Suite 950
`Duluth, Georgia 30096
`(678) 245-3000 Office - (678) 245-3010 Facsimile
`
`April 5, 2022
`
`Addressee List Enclosed
`
`Subject: Revisions to the Commission’s Safety of Water Power Projects and Project
`Works, 18 CFR Part 12, Commission Order No. 880
`
`Dear Licensee/Exemptee:
`
`On December 16, 2021 the Commission unanimously approved the issuance of a
`final rule on the Safety of Water Power Projects and Project Works, RM20-9-000.1 The
`effective date of the final rule under Commission Order No. 880 is 90 days after the
`published date of the final rule in the Federal Register. The rule was published in the
`Federal Register on January 11, 2022; therefore, the effective date of the Order is April
`11, 2022.
`
`To address recommendations on the part 12D inspection process, and to codify
`guidance issued by the Commission’s Office of Energy Projects, Division of Dam Safety
`and Inspections (D2SI) over the past several years, the final rule revises dam safety
`regulations found in the Code of Federal Regulations (CFR) Title 18, Part 12. In the final
`rule, the Commission revises 18 CFR Part 12 by replacing Subpart D in its entirety,
`adding new Subpart F, and making minor revisions to Subparts A, B, C, and E. In
`addition to making various minor revisions and updates to our 18 CFR Part 12
`regulations, the final rule accomplishes four overarching objectives that are integral to
`strengthening the Commission’s dam safety program and addressing shortcomings
`identified by the forensic investigations that followed the Oroville Dam spillway incident.
`
`First, the final rule implements two tiers of 18 CFR Part 12, Subpart D
`independent consultant safety inspections, in addition to Commission staff’s regular dam
`safety inspections. The two-tier structure includes two types of inspections: a
`comprehensive assessment and a periodic inspection. Each type of inspection will be
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`1 Available at https://www.ferc.gov/media/rm20-9-000
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`performed at a 10-year interval, with the periodic inspection occurring midway between
`comprehensive assessments. A comprehensive assessment will accomplish the more
`rigorous, in-depth review of design and construction, and a comparison to modern
`standards, techniques, and the state of the practice, that the Oroville Independent Forensic
`Team (IFT) recommended. A periodic inspection will help determine whether the project
`is performing adequately between comprehensive assessments.
`
`Second, the final rule changes the requirements of the content of the submittal to
`the Commission for the review and evaluation of the qualifications of independent
`consultants that conduct 18 CFR Part 12, Subpart D inspections. Currently, § 12.34 of
`the Commission’s regulations requires the licensee to submit to the Director of the
`Division of Dam Safety and Inspections (D2SI), for approval, a resume describing the
`independent consultant’s experience. The final rule requires licensees to submit to the
`Director of D2SI an independent consultant team proposal that comprises one or more
`independent consultants and additional engineering or scientific personnel, as needed,
`which must demonstrate that the members of that team possess an appropriate level of
`expertise for the specific project under consideration and the type of inspection being
`performed, whether it is a Comprehensive Analysis or a Periodic Inspection. This change
`reflects the reality that, for many of the projects under the Commission’s jurisdiction, a
`single independent consultant will not possess the appropriate level and diversity of
`technical proficiency necessary to evaluate all aspects of the project.
`
`Third, the final rule codifies existing guidance related to the Owner’s Dam Safety
`Program. Currently, the Commission’s 18 CFR Part 12 regulations do not explicitly
`require a licensee to develop an Owner’s Dam Safety Program. The final rule codifies the
`requirement that licensees of one or more high or significant hazard potential dams must
`prepare, maintain, file with the Commission, and periodically review and update an
`Owner’s Dam Safety Program. Licensees must designate a person responsible for
`overseeing day-to-day implementation of the dam safety program.
`
`Fourth, the final rule modifies licensee reporting and preparedness requirements
`related to public safety at or near hydroelectric projects. Currently, licensees are required
`to install and maintain public safety devices and to report deaths or serious injuries at
`their projects. The final rule revises the definition of a “project-related” incident to
`clarify that licensees are required to report those public and project personnel safety
`incidents that are related to project operation; to report rescues in addition to deaths and
`serious injuries; and to prepare, maintain, and submit a public safety plan to D2SI, which
`is the current practice required by existing D2SI guidance.
`
`The Commission has also added four new chapters to its Engineering Guidelines.
`Chapter 15 provides guidance for developing and maintaining a Supporting Technical
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`Information Document.2 Chapter 16 provides guidance on the scope of the part 12D
`independent consultant inspection program.3 Chapter 17 provides guidance for
`conducting a Potential Failure Mode Analysis.4 Chapter 18 provides guidance for
`conducting a Level 2 Risk Analysis.5
`
`Licensees and exemptees are strongly encouraged to review the revisions to 18
`CFR Part 12 included in the Order and the four new chapters of the Engineering
`Guidelines currently available on our website. The Commission will begin
`implementation of the Order and new Engineering Guideline chapters on April 11, 2022.
`
`The Commission issues a Part 12D reminder letter to the licensee or exemptee
`approximately 18 months prior to the established Part 12D Report due date. Licensees
`and exemptees with Part 12D Report due dates after October 1, 2023 will be required to
`follow the provisions of 18 CFR Part 12, Subpart D included in Order 880. Licensees
`and exemptees with Part 12D Report due dates on or before October 1, 2023 are
`permitted to use either the existing regulations (prior to Order 880) or those that go into
`effect on April 11, 2022. Unless requested otherwise, we will assume that those projects
`with reports due prior to October 1, 2023 will use the existing (prior to Order 880)
`regulations. All other provisions of Order 880 will be effective on April 11, 2022. This
`includes the revised public safety incident reporting of 18 CFR Part 12.10 and the
`Owner’s Dam Safety Program reporting requirements in 18 CFR Part 12, Subpart F.
`
`The Commission is in the process of developing the schedule for comprehensive
`assessments to be performed for each project under 18 CFR Part 12, Subpart D. It is
`anticipated that the comprehensive assessment schedule will be available by the end of
`2022.
`
`The Commission is also currently developing a series of training courses designed
`to summarize and provide clarity on the revised contents of 18 CFR Part 12 and the four
`new Engineering Guideline chapters. Additional information on the content and the
`schedule of the training courses will be provided on the D2SI webpage.6
`
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`2 Available at https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20211216-
`3084&optimized=false
`3 Available at https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20211216-
`3085&optimized=false
`4 Available at https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20211216-
`3086&optimized=false
`5 Available at https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20211216-
`3088&optimized=false
`6 Available at https://www.ferc.gov/dam-safety-and-inspections
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`The Commission believes that the revisions to our dam safety regulations are
`necessary and, once implemented along with the new chapters of the Engineering
`Guidelines, will significantly improve our dam safety program.
`
`Please let me know if you have any questions regarding the contents of this letter. I can
`be reached at (678) 245-3075.
`
`Sincerely,
`
`Wayne B. King, P.E.
`Regional Engineer
`
`Enclosure:
`Addressee List
`
`