(f) The name, title, and post-office address of the person to whom correspondence in regard to the application shall be addressed.

NOTE: See statement of Commission policy in § 2.2 of this chapter.

[Order 141, 12 FR. 8485, Dec. 19, 1947, as amended by Order 260, 28 F.R. 315, Jan. 11, 1963]

§ 4.71 Required exhibits.

There shall be filled with the application and as a part thereof the following exhibits, certified in conformity with § 131.4 of this chapter.

Exhibits A, B, C, and D. As prescribed by §§ 4.40 to 4.42, inclusive, for applications for licenses for proposed major projects.

Exhibits J and K. Maps conforming to the requirements of §§ 4.40 to 4.42, inclusive, for applications for proposed major projects, insofar as said requirements are applicable to transmission lines. If the application covers only part of a transmission system, exhibit J shall show the connection to the nearest substations or main transmission lines through which the project line obtains and delivers its energy and either the general map or a small key map shall show the relation of the project to the main transmission system of the applicant in that region and to any previously licensed portions of said system. In exhibit K it is necessary to furnish detailed information for only those parts of the line or lines which cross lands of the United States, it being understood that the Commission reserves the right to call for similar information with respect to other lands if deemed essential. For short lines exhibits J and K may be combined in one map.

Exhibit M. General description and specifications of the transmission line and appurtenances in sufficient detail for a full understanding of the project and for a determination of the safety and suitability of the project works.

Exhibit N. Estimate of cost of the project. Exhibit O. Statement of time desired for beginning and completing construction of the project.

Exhibit P. (Projects already constructed.) A statement of the nature and character of the permit, right-of-way, or other authority, if any (see sec. 23(a) of the act), claimed to be held by the applicant. This statement shall be accompanied by copies of or appropriate references to the legislative authority, if any, by or under which such permit, rightof-way, or authority was acquired, and if granted by an instrument in writing, certifled copy of such instrument, or in lieu thereof, if such a copy is of record in any department of the United States Government at Washington, a statement to that effect and reference thereto.

§ 4.81

Acceptance for filing or rejection of applications.

When an application which conforms to the requirements of § 1.15 of this chapter is received, it will be given a filing number; receipt thereof and filing number given thereto will be furnished applicant, and notices will be given in accordance with the requirements of section 4 of the act (49 Stat. 830; 16 U. S. C. 797) and § 1.37 of this chapter. Notice will also be given to the appropriate office of the Department of the Interior as to the public lands affected, if any, so that withdrawals from entry may be recorded. An application may be acceptable for fling for processing prior to final Commission action thereon, provided it contains the information required under § 4.82 (a), (b), (c), (d), (e), (f), (g), and (k), together with Exhibits A, B, C, D, H, and I. An application which fails to meet these requirements will be rejected by the Secretary as provided by § 1.14 of this chapter. However, the applicant may be required to furnish the balance of the information required under this section and § 4.82 at such time as the Secretary directs, and failure to furnish same will constitute grounds for rejection of the application by the Secretary as provided by § 1.14 of this chapter. In case any information, documents or exhibits required to

be filed with an application are already on file with the Commission, in current form and substance, the same may be incorporated in the application by reference.

[Order 175, 19 F. R. 5216, Aug. 18, 1954]

CROSS REFERENCE: For regulations of the Bureau of Land Management relating to withdrawal, see 43 CFR 295.1.

§ 4.82 Contents of application.

Un

Each application for preliminary permit shall be submitted as prescribed in § 131.10 of this chapter, and shall set forth in appropriate detail the following information in the order indicated. less otherwise specified, the original and ten conformed copies of the application and all accompanying documents shall be submitted, with one additional conformed copy for each interested State Commission.

(a) The exact name and address of the applicant. (If the applicant desires that correspondence concerning the application be directed to any person other than the one who signs the application, the Commission should be notified of that fact and of the name and address of such other person by a statement indicating that such other person is authorized to act as agent, and that service upon him will be deemed to be service upon the applicant.)

(b) If the applicant is a corporation, the State or Territory under the laws of which the applicant was organized, and if authorized to operate in more than one State, all pertinent facts should be stated.

(c) The measure of control or ownership, if any, exercised by or over applicant in any other organization.

(d) The name of each State in which the applicant operates or proposes to operate electric power plants or facilities.

(e) The location of the project, the region of its location designated by adjacent cities and towns, the name of the stream on which the proposed project will be located, and a statement of the extent to which commerce is carried thereon.

(f) The lands of the United States which will be affected by the proposed project.

(g) A general description of the project and the proposed scheme of development including an estimate of the proposed installed capacity, and the average annual output.

(h) The proposed use or market for the power to be developed, indicating whether applicant is a public utility or will become a public utility, and if so, whether it is or will be subject to regulation by State agency. In case the applicant can give no positive assurance that there is or will be a demand for the power upon completion of construction of the project, and that it will be used or distributed by the applicant or sold to others for use or distribution, a full and complete statement and explanation shall be made of the applicant's expectations in this regard and of the basis therefor.

(i) The location and capacity of all power plants owned or operated by the applicant; the market supplied thereby and the relation thereof to the project applied for, and a brief description of such other plants.

(j) Such further data as the applicant may consider pertinent.

There shall

(k) (Required exhibits.) be filed as part of the application the following exhibits: Provided, That any exhibit not incorporated as a part of the application shall be certified in conformity with § 131.4 of this chapter.

Exhibit A. If the applicant is a corporation: One copy of charter or certificate, and articles of incorporation, with all amendments thereto, duly certified by the secretary of state of the State where organized, or other proper authority, and the required additional uncertified copies; one copy of the by-laws, duly certified, and the required additional uncertified copies; and a certifcate of organization as provided in § 131.3 of this chapter with the required additional copy for each interested State commission.

If the project is located in another State than that in which the corporation is organized, a certificate and the required additional copies thereof shall be submitted from the secretary of state or other proper authority of the State in which the project is located, showing compliance with the laws relating to foreign corporations.

If the applicant is a State: Copies of the laws under authority of which the application is made, or reference thereto.

If the applicant is a municipality as defined in the Federal Power Act: One copy of its charter or other organization papers, duly certified by the secretary of state of the State in which it is located, or other proper authority, and the required additional uncertified copies. Copies of, or reference to, the State laws authorizing the operations contemplated by the application.

If the applicant is a natural person: An affidavit by each applicant that he is a citizen of the United States and the required

additional copies thereof. (See § 131.10 of this chapter.)

If the applicant is an association: The association shall submit a verified copy of its articles of association, and the required additional copies thereof. If there are no articles of association, that fact shall be stated over the signature of each member of the association and an original and the required additional copies shall be submitted. A complete list of members and a statement of the citizenship of each must be given in an affidavit by one of them, together with the required additional coples. (See § 181.10 of this chapter.)

Exhibit B. A copy of all minutes, resolutions of stockholders or directors, or other representatives of the applicant authorizing the filing of application, one copy properly attested, and the required additional copies

Exhibit C. Statement of nature and amount of data available, such as surveys, maps, plans, stream measurements, foundation explorations, etc., and of work already performed, including preliminary construction activities, such as clearing, road building, etc.

Exhibit D. Statement of nature and amount and estimated cost of work proposed to be performed under the preliminary permit, such as surveying, preparation of maps, plans, measurement of streams, exploration of foundations, or preliminary construction.

Exhibit E. Statement of nature, extent, and ownership of water rights which applicant contemplates using in the development of the project; also statement of applicant's plans with reference to perfecting water rights.

Exhibit F. Statement of ownership of lands which applicant contemplates using in the development of the project, also statement of applicant's plans with reference to acquiring lands or rights of occupancy and use thereof.

Exhibit G. Statement containing such data as the applicant desires to supply as to his ability to finance the preliminary work as well as the project applied for.

Exhibit H. A general map showing the nature of the proposed project, its principal features and their location, and the location of the project as a whole with reference to some well-known town or stream. On this map shall be placed a line indicating the approximate project boundary of the area to be occupied by the principal project works, such as, dams, reservoirs, forebays, waterways, and powerhouses, but excluding transmission lines, and where necessary in order to determine the location of such structures on the ground, there shall be shown on the map their relative positions with respect to permanent monuments or objects that can be readily recognized from descriptions thereof noted on the map. (See specifications for drawings, § 4.42.)

Exhibit I. This exhibit shall be submitted only if public lands or reservations are affected and shall be a map of the proposed project showing principal project works in a manner similar to the preceding exhibit H, except that such map shall show and shall be on a scale to present effectively a tentative project boundary which shall be the line enclosing all quarter-quarter sections, lots, and other smallest legal subdivisions of publicland survey which may be occupied or used in whole or in part by the project. It shall also show the status of lands, indicating separately lands patented, lands entered or otherwise emoraced in any unperfected claim under the public-land laws, unreserved public lands, and lands of each and every reservation affected. (See specifications for drawings. 4.42.) If desired a single map may be submitted for exhibits H and I, provided it shows all the information required for both.)

[Order 141, 12 F.R. 8485, Dec. 19, 1947, as amended by Order 175, 19 F.R. 5216, Aug. 18, 1954; Order 260, 28 F.R. 315, Jan. 11, 1963] § 4.83 Hearing on application.

A hearing upon an application may be ordered by the Commission, in its discretion, either upon its own motion or upon the motion of any party in interest. The hearing shall be limited to the issues specified by order or orders of the Commission.

[Order 175, 19 F.R. 5217, Aug. 18, 1954]

§ 4.84 Amendments.

Applications for amendments of preliminary permits shall follow the form prescribed for original applications, as far as applicable. If an application for an amendment embraces sites or areas not covered by the original permit, notice of such application will be given in the manner required for the original application. Unless otherwise specified, an original and ten conformed copies of the application and all accompanying documents shall be submitted, with one additional copy for each interested State Commission.

[Order 260, 28 F.R. 315, Jan. 11, 1963] § 4.85

Issuance and acknowledgment of acceptance.

When the Commission shall have issued a preliminary permit or an amendment thereof, the same shall be forwarded to the applicant for acknowledgment of acceptance. Unless application for rehearing is filed, or unless the order is stayed by the Commission, the order issuing the permit shall become final thirty (30) days from the date of issu

ance and the acceptance shall be filed in triplicate with the Commission within sixty (60) days from date of issuance of the permit or the amendment. [Order 175, 19 F.R. 5217, Aug. 18, 1954] § 4.86

Construction work under permit. Upon a satisfactory showing of reasons therefor, the Commission may authorize permittees to perform such construction work as may be necessary to maintain water rights under State law, or as may be desirable in preparation for the construction of project works; but the granting of such authority shall not be deemed to have created any equities or to have established any rights beyond what would have been created or established had such authority not been given.

Amendment of plans. Extension of time.

§ 5.2 Amendment of plans.

Application for amendment of plans for a project under license shall be filed with the Commission, fully describing the changes licensee proposes to make. (See note to § 131.30 of this chapter.) [Order 141, 12 F.R. 8491, Dec. 19, 1947]

§ 5.3 Extension of time.

Application for extension of time fixed in the license for commencement or completion of construction of project works shall be filed with the Commission not less than 3 months prior to the date or dates so fixed. (See § 131.30 of this chapter.)

[Order 141, 12 F.R. 8491, Dec. 19, 1947]

§ 5.4 Issuance and acknowledgment of acceptance.

Section 4.33 of this chapter is applicable.

[Order 175, 19 F.R. 5217, Aug. 18, 1954]

PART 6-SURRENDER OR TERMINATION OF LICENSE

5.4 Issuance and acknowledgment of acceptance.

AUTHORITY: The provisions of this Part 5 issued under secs. 6, 10(b), 13, 41 Stat. 1067, 1068, 1071, as amended, sec. 309, 49 Stat. 858; 16 U.S.C. 799, 803(b), 806, 825h. § 5.1

Amendment of license.

Where a licensee desires to make a change in the physical features of the project or its boundary, and/or make an addition or betterment and/or abandonment or conversion, of such character as to constitute an alteration of the license, application for an amendment of the license shall be filed with the Commission, fully describing the changes licensee desires to make. If, after consideration of an application for amendment of the license, the Commission is of the opinion that the contemplated changes are of such character as to constitute a substantial alteration of the license, public notice of such application shall be given by an advertisement made at least 30 days prior to action upon the application. Unless otherwise specified, the original and ten conformed copies of the application for amendment of license shall be submitted, with one additional copy for each interested State Commission, in accordance with § 131.30 of this chapter and verified.

[Order 260, 28 F.R. 315, Jan. 11, 1963]

§ 6.1

Application for surrender.

Every application for surrender of a license shall state the reason therefor; and, except in the case of an application for surrender of a license for a minor project, or for a transmission line only, shall be executed by the licensee and filed in the same form and manner as the application for license; and be accompanied by the license and all amendments thereof.

CROSS REFERENCES: For application for 11cense, general provisions, see §§ 4.30 to 4.33, inclusive, of this chapter. For application for license for proposed major project or minor part thereof, see §§ 4.40 to 4.42, inclusive, of this chapter. For application for license for constructed major project or minor part thereof, see §§ 4.50 and 4.51 of this chapter. For forms for application for licenses, see §§ 131.2 to 131.6, inclusive, of this chapter.

§ 6.2 Surrender of license.

Licenses may be surrendered only upon the fulfillment by the licensee of such obligations under the license as the Commission may prescribe, and, if the project works authorized under the license have been constructed in whole or in part, upon such conditions with respect to the disposition of such works as may be determined by the Commission. Where project works have been constructed on lands of the United States the licensee will be required to restore the lands to a condition satisfactory to the Department having supervision over such lands and annual charges will continue until such restoration has been satisfactorily completed.

[Order 175, 19 F. R. 5217, Aug. 18, 1954] § 6.3 Termination of license.

Licenses may be terminated by written order of the Commission not less than 90 days after notice thereof shall have been mailed to the licensee by registered mail to the last address whereof the Commission has been notified by the licensee, if there is failure to commence actual construction of the project works within the time prescribed in the license, or as extended by the Commission. Upon like notice, the authority granted under a license with respect to any separable part of the project works may be terminated if there is failure to begin construction of such separable part within the time prescribed or as extended by the Commission.

§ 6.4 Termination by implied surrender.

If any licensee holding a license subject to the provisions of section 10(1) of the act shall cause or suffer essential project property to be removed or destroyed, or become unfit for use, without replacement, or shall abandon, or shall discontinue good faith operation of the project for a period of three years, the Commission will deem it to be the intent of the licensee to surrender the license; and not less than 90 days after public notice may in its discretion terminate the license.

§ 6.5 Annual charges.

Annual charges arising under a license surrendered or terminated shall continue until the effective date set forth in the Commission's order with respect to such surrender or termination.

[Order 175, 19 F. R. 5217, Aug. 18, 19541

CROSS REFERENCE: For annual charges, see Part 11 of this chapter.

§ 8.1

Publication of license conditions relating to recreation.

Following the issuance or amendment of a license, the licensee shall make reasonable efforts to keep the public informed of the availability of project. lands and waters for recreational purposes, and of the license conditions of interest to persons who may be interested in the recreational aspects of the project or who may wish to acquire lands. in its vicinity. Such efforts shall include but not be limited to: the publication of notice in a local newspaper once each week for 4 weeks of the project's license conditions which relate to public access. to and the use of the project waters and lands for recreational purposes, recreational plans, installation of recreation and fish and wildlife facilities, reservoir water surface elevations, minimum water releases or rates of change of water releases and such other conditions of general public interest as the Commission may designate in the order issuing or amending the license.

[Order 299, 30 FR. 7313, June 3, 1965]

§ 8.2 Posting of project lands as to recreational use and availability of information.

(a) Following the issuance or amendment of a license, the licensee shall post and shall maintain at all points of public access which are required by the license (or at such access points as are specifically designated for this purpose by the licensee) and at such other points as are subsequently prescribed by the Commission on its own motion or upon the recommendation of a public recreation agency operating in the area in which