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to sections 14 and 15 of the Federal Power

Act. 16.13 Standards and factors for issuing a

new license.

Subpart C-Takeover Provisions for Projects

Subject to Sections 14 and 15 of the
Federal Power Act

test basis during the periodic inspection by the Commission staff, the applicant or licensee must submit to the Regional Engineer at least once each year a written statement, verified in accordance with $12.13, that each spillway has been operated at least once during the twelve months preceding the inspection.

(c) Load-test of standby power. (1) An applicant or licensee must load-test the standby emergency power for spillway gate operation at regular intervals, but not less than once during each year, and submit to the Regional Engineer, at least once each year, a written statement, verified in accordance with $12.13, describing the intervals at which the standby emergency power was load-tested during the year preceding the inspection.

(2) The Commission staff may direct that a spillway gate be operated using standby emergency power during the periodic inspection.

16.14 Departmental recommendation for

takeover. 16.15 Commission recommendation to Con

gress. 16.16 Motion for stay by Federal depart

ment or agency. 16.17 Procedures upon Congressional au

thorization of takeover.

Subpart D-Annual Licenses for Projects

Subject to Sections 14 and 15 of the
Federal Power Act

16.18 Annual licenses for projects subject to

sections 14 and 15 of the Federal Power Act.

Subpart E-Projects With Minor and Minor

Part Licenses Not Subject to Sections 14 and 15 of the Federal Power Act

PART 16-PROCEDURES RELATING

TO TAKEOVER AND RELICENSING OF LICENSED PROJECTS

Subpart A-General Provisions

Sec. 16.1 Applicability. 16.2 Definitions. 16.3 Public notice of projects under expiring

licenses. 16.4 Acceleration of a license expiration

date. 16.5 Site access for a competing applicant.

16.19 Procedures for an existing licensee of

a minor hydroelectric power project or of a minor part of a hydroelectric power project with a license not subject to sec

tions 14 and 15 of the Federal Power Act. 16.20 Applications for subsequent license for

a project with an expiring license not subject to sections 14 and 15 of the Fed

eral Power Act. 16.21 Operation of projects with a minor or

minor part license not subject to sections 14 and 15 of the Federal Power Act

after expiration of a license. 16.22 Application for an exemption by a 11

censee with a minor or minor part llcense for a project not subject to sections 14 and 15 of the Federal Power Act.

Subpart B-Applications for Projects Sub

ject to Sections 14 and 15 of the Federal Power Act

Subpart F-Procedural Matters

16.6 Notification procedures under section

15 of the Federal Power Act. 16.7 Information to be made available to the

public at the time of notification of intent under section 15(b) of the Federal

Power Act. 16.8 Consultation requirements. 16.9 Applications for new licenses and

nonpower licenses for projects subject to sections 14 and 15 of the Federal Power

Act. 16.10 Information to be provided by an ap

plicant for new license: Filing require

ments. 16.11 Nonpower licenses. 16.12 Application for exemption from licens

ing by a licensee whose license is subject

16.23 Failure to file timely notices of in

tent. 16.24 Prohibitions against filing applica

tions for new license, nonpower license,

exemption, or subsequent license. 16.25 Disposition of a project for which no

timely application is filed following a no

tice of intent to file. 16.26 Disposition of a project for which no

timely application is filed following a 10tice of intent not to file.

AUTHORITY: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.

SOURCE: Order 513, 54 FR 23806, June 2, 1989, unless otherwise noted.

Subpart A-General Provisions

8 16.1 Applicability.

This part applies to the filing and processing of an application for:

(a) A new license, a nonpower license, or an exemption from licensing for a hydroelectric project with an existing license subject to the provisions of sections 14 and 15 of the Federal Power Act.

(b) A subsequent license or an exemption from licensing for a hydroelectric project with an existing minor license or minor part license not subject to the provisions of sections 14 and 15 of the Federal Power Act because those sections were waived pursuant to section 10(i) of the Federal Power Act.

(b) Contain the following information: license expiration date; licensee's name; project number; type of principal project works licensed, e.g., dam and reservoir, powerhouse, transmission lines; location by state, county, and stream; location by city or nearby city when appropriate; whether the existing license is subject to sections 14 and 15 of the Federal Power Act; and plant installed capacity.

8 16.2 Definitions.

For purposes of this part:

(a) New license means a license, except an annual license, for a water power project that is issued under section 15(a) of the Federal Power Act after an original license expires.

(b) New license application filing deadline, as provided in section 15(c)(1) of the Federal Power Act, is the date 24 months before the expiration of an existing license.

(c) Nonpower license means a license for a nonpower project issued under section 15(b) of the Federal Power Act.

(d) Subsequent license means a license for a water power project issued under Part I of the Federal Power Act after a minor or minor part license that is not subject to sections 14 and 15 of the Federal Power Act expires.

$ 16.4 Acceleration of a license expira

tion date. (a) Request for acceleration. (1) Alicensee may file with the Commission, in accordance with the formal filing requirements in subpart T of part 385 of this chapter, a written request for acceleration of the expiration date of its existing license, containing the statements and information specified in $16.6(b) and a detailed explanation of the basis for the acceleration request.

(2) If the Commission grants the request for acceleration pursuant to paragraph (c), the Commission will deem the request for acceleration to be a notice of intent under $16.6 and, unless the Commission directs otherwise, the licensee shall make available the information specified in $16.7 no later than 90 days from the date that the Commission grants the request for acceleration.

(b) Notice of request for acceleration. (1) Upon receipt of a request for acceleration, the Commission will give notice of the licensee's request and provide a 45-day period for comments by interested persons by:

(i) Publishing notice in the Federal Register;

(11) Publishing notice once in a daily or weekly newspaper published in the county or counties in which the project or any part thereof or the lands affected thereby are situated; and

(iii) Notifying appropriate Federal, state, and interstate resource agencies and Indian tribes by mail.

(2) The notice issued pursuant to paragraphs (1) (i) and (ii) and the written notice given pursuant to paragraph (1)(iii) will be considered as fulfilling the notice provisions of $16.6(d) should the Commission grant the acceleration request and will include an explanation

(Order 513, 54 FR 23806, June 2, 1989, as amended by Order 513-A, 55 FR 15, Jan. 2, 1990; Order 533, 56 FR 23154, May 20, 1991)

8 16.3 Public notice of projects under

expiring licenses. In addition to the notice of a licensee's intent to file or not to file an application for a new license provided in $ 16.6(d), the Commission will publish, in its annual report and annually in the FEDERAL REGISTER, a table showing the projects whose licenses will expire during the succeeding six years. The table will:

(a) List the licenses according to their expiration dates; and

of the basis for the licensee's accelera- licensee for access may be referred to tion request.

the Director of the Office of Hydro(c) Commission order. If the Commis- power Licensing for resolution in the sion determines it is in the public in- manner specified in $ 16.8(b)(5) after the terest, the Commission will issue an access has been provided. order accelerating the expiration date of the license to not less than five Subpart B-Applications for years and 90 days from the date of the

Projects Subject to Sections Commission order.

14 and 15 of the Federal 8 16.5 Site access for a competing ap

Power Act plicant. (a) Access. If a potential applicant for

$ 16.6 Notification procedures under

section 15 of the Federal Power Act. a new license, subsequent license, or nonpower license for a project has com- (a) Applicability. This section applies plied with the first stage consultation

to a licensee of an existing project subprovisions of $ 16.8(b)(1) and has noti- ject to sections 14 and 15 of the Federal fied the existing licensee in writing of

Power Act. the need for and extent of the access (b) Requirement to notify. In order to required, the existing licensee must notify the Commission under section 15 allow the potential applicant to enter of the Federal Power Act whether a liupon or into designated land, buildings, censee intends to file or not to file an or other property in the project area at application for new license, the lia reasonable time and under reasonable censee must file with the Commission conditions, including, but not limited an original and fourteen copies of a letto, reasonable liability conditions, con- ter, that contains the following inforditions for compensation to the exist- mation: ing licensee for all reasonable costs in- (1) The licensee's name and address. curred in providing access, including (2) The project number. energy generation lost as a result of

(3) The license expiration date. modification of project operations that

(4) An unequivocal statement of the may be necessary to provide access,

licensee's intention to file or not to file and in a manner that will not ad

an application for a new license. versely affect the environment, for the

(5) The type of principal project purposes of:

works licensed, such as dam and res(1) Conducting a study or gathering

ervoir, powerhouse, or transmission information required by a resource

lines. agency under $ 16.8 or by the Commis

(6) Whether the application is for a sion pursuant to $4.32 of this chapter;

power or nonpower license. (2) Conducting a study or gathering

(7) The location of the project by information not covered by paragraph (a)(1) but necessary to prepare an appli

state, county and stream, and, when cation for new license, subsequent li

appropriate, by city or nearby city.

(8) The installed plant capacity. cense, or nonpower license; or (3) Holding a site visit for a resource

(9) The location or locations of all agency under $16.8.

the sites where the information re(b)(1) Disputes. Except as specified by

quired under $ 16.16 is available to the paragraph (b)(2), disputes regarding the

public. timing and conditions of access for the

(10) The names and mailing addresses purposes specified in paragraphs (a) (1),

of: (2), or (3) of this section and the need (i) Every county in which any part of for the studies or information specified the project is located, and in which any in paragraph (a)(2) may be referred to Federal facility that is used by the the Director of the Office of Hydro- project is located; power Licensing for resolution in the (ii) Every city, town, Indian tribe, or manner specified in $ 16.8(b)(5) prior to similar local political subdivision: the providing of access.

(A) In which any part of the project (2) Disputes regarding the amount of is located and any Federal facility that compensation to be paid the existing is used by the project is located, or

(B) That has a population of 5,000 or more people and is located within 15 miles of the project dam,

(iii) Every irrigation district, drainage district, or similar special purpose political subdivision:

(A) In which any part of the project is located and any Federal facility that is used by the project is located, or

(B) That owns, operates, maintains, or uses any project facility or any Federal facility that is used by the project; and

(iv) Every other political subdivision in the general area of the project that there is reason to believe would be likely to be interested in, or affected by, the notification.

(c) When to notify. (1) Except as provided in paragraph (c)(2) of this section, if a license expires on or after October 17, 1992, the licensee must notify the Commission as required in paragraph (b) of this section at least five years, but no more than five and onehalf years, before the existing license expires.

(2) The requirement in paragraph (c)(1) of this section does not apply if a licensee filed notice more than five and one-half years before its existing license expired and before the effective date of this rule.

(d) Commission notice. Upon receipt of the notification required under paragraph (b) of this section, the Commission will provide notice of the licensee's intent to file or not to file an application for a new license by:

(1) Publishing notice in the FEDERAL REGISTER;

(2) Publishing notice once in a daily or weekly newspaper published in the county or counties in which the project or any part thereof or the lands affected thereby are situated; and

(3) Notifying appropriate Federal and state resource agencies and Indian tribes by mail.

ject to sections 14 and 15 of the Federal Power Act.

(b) Requirement to make information available. A licensee must make the information specified in paragraph (d) of this section reasonably available to the public for inspection and reproduction, from the date on which the licensee notifies the Commission pursuant to $ 16.6(b) of this part until the date any relicensing proceeding for the project is terminated.

(c) Requirement to supplement information. A licensee must supplement the information it is required to make available under the provisions of paragraph (d) with any additional information developed after the filing of a notice of intent.

(d) Information to be made available. A licensee must make the following information regarding its existing project reasonably available to the public as provided in paragraph (b) of this section:

(1) The following construction and operation information:

(i) The original license application and the order issuing the license and any subsequent license application and subsequent order issuing a license for the existing project, including

(A) Approved Exhibit drawings, including as-built exhibits,

(B) Any order issuing amendments or approving exhibits, and

(C) Any order issuing annual licenses for the existing project;

(ii) All data relevant to whether the project is and has been operated in accordance with the requirements of each license article, including minimum flow requirements, ramping rates, reservoir elevation limitations, and environmental monitoring data;

(iii) A compilation of project genera” tion and respective outflow with time increments not to exceed one hour, unless use of another time increment can be justified, for the period beginning five years before the filing of a notice of intent;

(iv) Any public correspondence relating to the existing project;

(v) Any report on the total actual annual generation and annual operation and maintenance costs for the period beginning five years before the filing of a notice of intent;

[Order 496, 53 FR 15810, May 4, 1988. Redesignated and amended by Order 513, 54 FR 23807, June 2, 1989)

8 16.7 Information to be made avail

able to the public at the time of notification of intent under section

15(b) of the Federal Power Act. (a) Applicability. This section applies to a licensee of an existing project sub

(vi) Any reports on original project costs, current net investment, and available funds in the amortization reserve account;

(vii) A current and complete electrical single-line diagram of the project showing the transfer of electricity from the project to the area utility system or point of use; and

(viii) Any bill issued to the existing licensee for annual charges under section 10(e) of the Federal Power Act.

(2) The following safety and structural adequacy information:

(i) The most recent emergency action plan for the project or a letter exempting the project from the emergency action plan requirement;

(ii) Any independent consultant's reports required by part 12 of the Commission's regulations and filed on or after January 1, 1981;

(iii) Any report on operation or maintenance problems, other than routine maintenance, occurring within the five years preceding the filing of a notice of intent or within the most recent fiveyear period for which data exists, and associated costs of such problems under the Commission's Uniform System of Accounts;

(iv) Any construction report for the existing project; and

(V) Any public correspondence relating to the safety and structural adequacy of the existing project.

development in the project area, designated or proposed wilderness areas in the project area, Land and Conservation Fund lands in the project area, and designated or proposed Federal or state wild and scenic river corridors in the project area;

(iii) Any documentation listing the entity responsible for operating and maintaining any existing recreational facilities in the project area; and

(iv) Any public correspondence relating to recreation and land use resources within the project area.

(5) The following cultural resources information:

(i) Except as provided in paragraph (d)(5)(ii) of this section, a licensee must make available:

(A) Any report concerning documented archaeological resources identified in the project area;

(B) Any report on past or present use of the project area and surrounding areas by Native Americans; and

(C) Any public correspondence relating to cultural resources within the project area.

(ii) A licensee must delete from any information made available under paragraph (d)(5)(1) of this section, specific site or property locations the disclosure of which would create a risk of harm, theft, or destruction of archaeological or Native American cultural resources or to the site at which the resources are located, or would violate any Federal law, including the Archaeological Resources Protection Act of 1979, 16 U.S.C. 470w-3, and the National Historic Preservation Act of 1966, 16 U.S.C. 470hh.

(6) The following energy conservation information under section 10(a)(2)(C) of the Federal Power Act, related to the licensee's efforts to conserve electricity or to encourage conservation by its customers including:

(i) Any plan of the licensee;
(ii) Any public correspondence; and

(iii) Any other pertinent information relating to a conservation plan.

(e) Form, place, and hours of availability, and cost of reproduction. (1) A licensee must make the information specified in paragraph (d) of this section available to the public for inspection:

(3) The following fish and wildlife re

sources information:

(i) Any report on the impact of the project's construction and operation on fish and wildlife resources;

(ii) Any existing report on any threatened or endangered species or critical habitat located in the project area, or affected by the existing project outside the project area;

(iii) Any fish and wildlife management plan related to the project area prepared by the existing licensee or any resource agency; and

(iv) Any public correspondence relating to the fish and wildlife resources within the project area.

(4) The following recreation and land use resources information:

(1) Any report on past and current recreational uses of the project area;

(ii) Any map showing recreational facilities and areas reserved for future

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