Bad Creek Pumped Storage Project

Skip to main content
Duke Energy

Relicensing Process Overview

Applying for a new license from FERC is a multiyear process that includes Duke Energy working collaboratively with local, state and federal agencies along with interested stakeholders. The goal is to create outcomes that balance power generation with other benefits, such as the protection and enhancement of recreation and natural resources.

Duke Energy is following FERC’s Integrated Licensing Process (ILP) that integrates the license applicant’s consultation activities prior to filing the final license application with FERC’s “scoping” responsibilities under the National Environmental Policy Act (NEPA).

The ILP was designed to provide a structured, efficient and timely process that encourages early stakeholder participation and focused conduct of resource studies. Duke Energy will conduct studies based on recommendations from stakeholders and regulators to provide agencies with the information needed to evaluate Duke Energy’s final proposals in the final license application. The new license will include resource protection measures to be implemented at the project over the new license term.

An overview of the ILP follows. Additional information about the ILP can be found on FERC’s website.

Relicensing Process Overview

Scoping and study planning — [February 2022 — January 2023]

  • Applicant files PAD and NOI
  • Develop relicensing stakeholder team
  • FERC conducts NEPA scoping, including public scoping meeting(s)
  • Applicant prepares study pans to address data gaps and potential resource impacts to be evaluated through the relicensing process
    • Applicant holds proposed study plan meeting
    • Licensing participants and FERC staff provide comments on the proposed study plan
    • Applicant prepares and files revised study plan
    • FERC issues the study plan determination

Study execution and license application preparation — [January 2023 — July 2025]

  • Applicant conducts studies in accordance with the study plan determination and issues initial (1st study year) and updated (2nd study year) study reports.
    • Initial and updated study report filings each followed by meeting with resource agencies and other licensing participants
    • Resource agencies and licensing participants file comments on study reports and meetings
    • FERC revises the study plan determination, if needed
  • Applicant files draft and final license application
    • The draft license application issued for licensing participants’ reviews
    • Licensing participants file comments on the draft license application
    • Final license application filed

Post-final license application activities — [August 2025 — July 2027]

  • Applicant files application for Clean Water Act Section 401 Water Quality Certification with governing state agency (South Carolina Department of Health and Environmental Control - DHEC)
  • FERC reviews and processes license application and solicits comments and recommendations from licensing participants and resources agencies
  • FERC performs environmental assessment and document preparation in accordance with National Environmental Policy Act (NEPA) requirements.
  • FERC issues new license with terms and conditions for operation of the project over the next 40-50 years and authorizes construction of new facilities proposed in the license application, if applicable.

Relicensing Process Plan and Schedule

Duke Energy has prepared a Process Plan and Schedule incorporating steps and timeframes prescribed by FERC’s ILP regulations.

Activity Responsible Parties Timeframe Estimated Filing Date or Deadline
File Notice of Intent (NOI) and Pre-application Document (PAD) Licensee Within 5 years to 5.5 years prior to license expiration Feb 23, 2022
Initial Tribal Consultation FERC No later than 30 days following filing of NOI/PAD Mar 25, 2022
Issue Notice of NOI/PAD and Scoping Document 1 (SD1) FERC Within 60 days following filing of NOI/PAD Apr 24, 2022
Conduct Scoping Meeting(s) FERC Within 30 days following Notice of NOI/PAD and SD1 May 24, 2022
Comments on PAD, SD1, and Study Requests Licensee, Stakeholders Within 60 days following Notice of NOI/PAD and SD1 June 23, 2022
Issue Scoping Document 2 (SD2), if necessary FERC Within 45 days following deadline for filing comments on PAD/SD1 Aug 7, 2022
File Proposed Study Plan (PSP) Licensee Within 45 days following deadline for filing comments on PAD/SD1 Aug 7, 2022
PSP Meeting Licensee Within 30 days following filing of PSP Sep 6, 2022
Comments on PSP Stakeholders Within 90 days following filing of PSP Nov 5, 2022
File Revised Study Plan (RSP) Licensee Within 30 days following deadline for comments on PSP Dec 5, 2022
Comments on RSP Stakeholders Within 15 days following filing of RSP Dec 20, 2022
Issue Study Plan Determination FERC Within 30 days following filing of RSP Jan 4, 2023
Conduct First Season of Studies Licensee - Spring-Fall 2023
File Study Progress Reports Licensee Quarterly Spring 2023 -Fall 2024
File Initial Study Report (ISR) Licensee Pursuant to the Commission-approved study plan or no later than 1 year after Commission approval of the study plan, whichever comes first Jan 4, 2024
ISR Meeting Licensee, Stakeholders Within 15 days following filing of ISR Jan 19, 2024
File ISR Meeting Summary Licensee Within 15 days following ISR Meeting Feb 3, 2024
Comments on ISR Meeting and Additional or Modified Study Requests Stakeholders Within 30 days following filing of ISR Meeting Summary Mar 4, 2024
File Response to Comments on ISR and Meeting Summary Licensee Within 30 days following filing of ISR Meeting Comments Apr 3, 2024
Resolution of Meeting Summary Disagreements and Issue Amended Study Plan Determination (if required) FERC Within 30 days following filing of response to ISR Meeting Comments May 3, 2024
Conduct Second Season of Studies (if required) Licensee - Spring-Fall 2024
Deadline to File Preliminary Licensing Proposal (PLP) or Draft License Application (DLA) Licensee No later than 150 days prior to the deadline for filing the Final License Application (FLA) March 1, 2025
File Updated Study Report (USR) Licensee Pursuant to the approved study plan or no later than 2 years after Commission approval, whichever comes first Jan 4, 2025
USR Meeting Licensee, Stakeholders Within 15 days following filing of USR Jan 19, 2025
File USR Meeting Summary Licensee Within 15 days following USR Meeting Feb 3, 2025
File Comments or Disagreements on USR Meeting Summary Stakeholders Within 30 days following filing of USR Meeting Summary Mar 5, 2025
File Response to Comments on USR Meeting Summary Licensee Within 30 days following filing of USR Meeting Comments Apr 4, 2025
Resolution of USR Meeting Summary Dispute (if necessary) FERC Within 30 days following filing of response to USR Meeting Comments May 4, 2025
Comments on PLP or DLA Stakeholders Within 90 days following filing of PLP or DLA May 30, 2025
Deadline to file FLA Licensee No later than 24 months before the existing license expires July 31, 2025
Publish Public Notice of FLA Filing Licensee Within 14 days following filing of FLA filing August 13, 2025

Building the Bad Creek II Power Complex

Additional energy storage and renewable energy capacity are needed to help meet Duke Energy's commitment to net-zero carbon emissions by 2050. The Bad Creek II Power Complex would take advantage of typically unused storage capacity in the upper reservoir to roughly double the energy generation and storage pumping capacity of the current project.

The Bad Creek II Power Complex would be constructed within the footprint of the existing project. Major features would include new water intake/discharge structures on the Bad Creek Reservoir and Lake Jocassee, a second underground powerhouse and water conveyance tunnels, a new transformer yard, and a new transmission line to be run in parallel with the existing line.

How long will it take to build the Bad Creek II Power Complex?

If Duke Energy decides to pursue the Bad Creek II Power Complex and obtains all necessary regulatory approvals, construction would span approximately six years. With the relicensing process expected to end by mid-2027, the second powerhouse would be operational around 2033.

Major construction phases and milestones for the Bad Creek II Power Complex

  • Jul 2027 - Feb 2032: Lower reservoir inlet/outlet and discharge channel
  • Dec 2029 - Aug 2031: Upper reservoir inlet/outlet and headrace channel
  • Mar 2028 - Mar 2031: Water conveyance systeml
  • Oct 2027 – Nov 2032: Powerhouse
  • Nov 2027 – Nov 2031: Transformer yard and switchyard
  • Aug 2032 – Aug 2033: Testing and commissioning

What else is needed to build the Bad Creek II Power Complex?

In addition to the FERC license, other major federal/state approvals would be required for Duke Energy to build the Bad Creek II Power Complex. These include permits, authorizations and certifying conditions from the U.S. Army Corps of Engineers (USACE) and South Carolina Department of Health and Environmental Control (SCDHEC) under Sections 404 and 401 of the federal Clean Water Act.

If Duke Energy decides to advance the Bad Creek II Power Complex, other necessary federal, state, or local permits and approvals would be pursued in consultation with relevant regulatory entities in parallel with the FERC relicensing process.