PART 12-INSPECTION OF PROJECT WORKS WITH RESPECT TO SAFETY OF STRUCTURES

Sec.

12.1 Applicability.

12.2 Periodic inspections.

12.3 Additional inspections.

12.4 Responsibility for inspections.

12.5 Report of inspections, recommendations.

12.6 Initial inspection, time for reporting.

AUTHORITY: The provisions of this Part 12 issued under secs. 10(c), 304(a), 309, 49 Stat. 842, 855, 858; 16 U.S.C. 803(c), 825c(a), 825h.

SOURCE: The provisions of this Part 12 contained in Order 315, 30 FR 16199, Dec. 29, 1965, unless otherwise noted.

§ 12.1 Applicability.

Unless otherwise ordered by the Commission, the provisions of this part shall apply with respect to projects licensed under Part I of the Federal Power Act having a dam exceeding 35 feet in height above stream bed or having a gross storage capacity in excess of 2000 acre feet.

§ 12.2 Periodic inspections.

Notwithstanding any other terms and conditions of the license, the licensee shall cause a complete inspection of the projects works, excluding transmission lines and generating equipment, to be made at least every 5 years, in order to determine whether there are any deficiencies or potential deficiencies in the condition of project structures, quality and adequacy of maintenance or methods of operation which might endanger public safety. Such inspections shall provide pertinent data with respect, but not limited, to such matters as settlement, movement, erosion, seepage, leakage, cracking, examination of internal conditions of stress and hydrostatic pressures in structures, their foundations and abutments, functioning of foundation drains and relief wells, and stability of critical sections of reservoir shorelines and backslopes above structures. It is contemplated that the inspections may involve the use of special equipment, instrumentation, procedures and inspection staff. In the planning of the inspection and the

preparation of the reports required by § 12.5, the licensee and the consultant responsible under § 12.4 shall give due consideration to pertinent reports made by or under the direction of Federal or State agencies, prior reports submitted under this regulation, and reports made by other consultants.

§ 12.3 Additional inspections.

When an inspection by the licensee or the Commission's staff reveals conditions of concern regarding the safety of any project structure or the operation of the project works, the licensee shall cause such additional inspection and investigation to be made as may be found by the Commission to be warranted under the circumstances.

§ 12.4 Responsibility for inspections.

The inspections provided for by §§ 12.2 and 12.3 of this Part shall be performed by or under the responsibility and direction of qualified independent consultants.

§ 12.5 Report of inspections, recommendations.

The arrangement between the licensee and the consultants shall provide that:

(a) A report shall be made by or under the direction of the consultants who shall certify approval thereof. It shall include a review of any and all items relating to the safety of the project, including records of observations of pressures, stresses, settlements and similar data, and recommendations, if any, as to corrective measures required. The report shall also include any recommendations considered appropriate on instrumentation or periodic observations of the behavior of any features of the project. If, during the course of an inspection, conditions are disclosed which indicate the need for emergency corrective measures, the situation shall be reported to the Commission at once.

(b) Three copies of the report shall be filed with the Commission immediately upon its issuance.

(c) Within 30 days following submission of the report or within such other time as the Commission may direct, the licensee shall submit to the Com

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mission any plan of action it proposes to take, which may include further investigation, for design and implementation of any corrective measures recommended in the report or design and implementation of any additional remedial measures which the licensee considers may be required.

§ 12.6 Initial inspection, time for reporting.

(a) Licenses issued subsequent to the effective date of this part. The initial inspection required by this part with respect to projects licensed after the effective date hereof shall be made so that the report required by § 12.5, together with licensee's proposal for remedial work, if any, can be submitted to the Commission within 5 years of the date of the first commercial operation of projects constructed under license and within 2 years of the date of the issuance of license for constructed projects.

(b) Licenses issued prior to the effective date of this part. The initial inspection required by this Part with respect to the projects under license on the effective date hereof shall be made so that the report required by § 12.5, together with licensee's proposal for remedial work, if any, can be submitted to the Commission within the time specified in the following schedule:

16.10 Motion for stay by Federal department or agency.

16.11 Procedures upon congressional authorization of takeover.

16.12 Renewal of minor or minor part li

censes not subject to sections 14 and 15. 16.13 Acceptance for filing or rejection of application.

AUTHORITY: The provisions of this Part 16 issued under Federal Power Act, secs. 7(c), 14, 15, 309; 16 U.S.C. 800, 807, 808, 825h.

SOURCE: The provisions of this Part 16 contained in Order 384, 34 FR 12272, July 25, 1969, unless otherwise noted.

§ 16.1 Purpose and coverage.

This part implements the amendments of sections 7(c), 14, and 15 of Part I of the Federal Power Act, as amended, enacted by Public Law 90451, 82 Stat. 616, approved August 3, 1968. It applies to projects subject to sections 14 and 15 of the Federal Power Act including projects for which a nonpower license may be issued. Procedures are provided for the filing of applications for either power or nonpower licenses for projects whose licenses are expiring. A li

cense for a power project issued to either the original licensee or another licensee is referred to in this part as a "new license" and a license for a nonpower project as a "non-power license". Also provided are procedures for the filing of recommendations for takeover by Federal departments or agencies and applications for renewal of licenses not subject to section 14.

§ 16.2 Public notices of projects under expiring license.

In order that there should be adequate notice and opportunity to file timely applications for a license, the Commission's Secretary will give notice of the expiration of license of a project (except transmission line and minor projects) 5 years in advance thereof in the same manner as provided in section 4(f) of the Act. The Secretary shall upon promulgation of the rules herein give notice, as provided in section 4(f) of the Act, of all whose license terms have expired since January 1, 1968, or which will expire within 5 years of the effective date of this rule. In addition, the Commission each year will publish in its annual report and in the FEDERAL REGISTER a table showing the projects which will expire during the succeeding 5 years. The table will list these licenses according to their expiration dates and will contain the following information: (a) License expiration date; (b) licensee's name; (c) project number; (d) type of principal project works licensed, e.g., dam and reservoir, powerhouse, transmission lines; (e) location by State, county, and stream; also by city or nearby city when appropriate; and (f) plant installed capacity.

§ 16.3 When to file.

(a) An existing licensee must file an application for a "new license" or "nonpower license" or a statement of intention not to file an application for a "new license" no earlier than 5 years and no later than 3 years prior to the expiration of its license, except that, where the license will expire within 31⁄2 years of the issuance of this part, such applications or statements shall be filed within 6 months from the effective date of this part. Applicants

which have applications pending which were filed under previous Commission regulations shall supplement their applications in accordance with pertinent provisions of this Part within 6 months of the effective date of this Part.

(b) Any other person or municipality may file an application for a "new license" or "non-power license" within 5 years of the expiration of the license, but in no event, unless authorized by the Commission, later than 6 months after issuance of notice of the filing of an application or statement by the licensee under § 16.4 or 21⁄2 years before the expiration of the license, whichever is earlier.

(c) Any application submitted after the expiration of the time specified herein for filing must be accompanied by a motion requesting permission to file late, which motion shall detail the reasons of good cause why the application was not timely filed and how the public interest would be served by its consideration.

§ 16.4 Notice upon filing of application.

When any timely application or statement within the meaning of § 16.3 is received, or when the Commission grants any motion for consideration of a late filed application, notice of receipt thereof will be furnished the applicant, and public notice will be given in the same manner as provided in sections 4(f) and 15(b) of the Act (49 Stat. 838; 41 Stat. 1072; 82 Stat. 616; 16 U.S.C. 797, 808) §§ 1.37 and 2.1 of this chapter, the Fish and Wildlife Coordination Act, 48 Stat. 401, as amended, 16 U.S.C. 661 et seq., and by publication in the FEDERAL REGISTER.

§ 16.5 Annual licenses.

No application for annual license need be filed nor will such application be accepted under section 15 of the Act. An existing licensee making timely filing for a new license will be deemed to have filed for an annual license. If the Commission has not acted upon an application by licensee for a new license at the expiration of the license term, by the issuance of an order granting, denying or dismissing

§ 16.6 Applications for new license for projects subject to sections 14 and 15 of the Federal Power Act and all other major projects.

(a) Each application for a new license hereunder shall conform in form to § 131.2 of this chapter, and shall set forth in appropriate detail all information and exhibits prescribed in §§ 4.40 through 4.42 of this chapter, inclusive and in § 4.51 of this chapter, as well as additional information specified in paragraphs (b) through (e) of this section, except that Exhibit A may be incorporated in an application by reference where one applicant files applications for several projects, one of which already contains an Exhibit A or in any case where applicant has filed an Exhibit A within 10 years preceding the filing of the application, and that Exhibits N and O as specified in § 4.41 of this chapter need only be filed as provided in paragraph (c) of this section. The application and all accompanying exhibits shall be filed in accordance with § 4.31.

(b) An application for a "new license" hereunder shall include a statement showing the amount which Licensee estimates would be payable if the project were to be taken over at the end of the license term pursuant to the provisions of sections 14 and 15 of the Federal Power Act. This statement shall include estimates of: (1) Fair value; (2) net investment; and (3) severance damages. (This subsection is not applicable to State, municipal, or nonlicensee applicants.)

(c) If the applicant proposes project works in addition to those already under license, the maps, plans, and descriptions of the project works (Exs. I, J, L and M) shall distinguish the project works or parts thereof which have been constructed from those to be constructed. Exhibits N and O shall also be included in the application relating to new construction.

(d) Applicant shall furnish its plans for the future modification or redevelopment of the project, if any, and shall set forth in detail why technically feasible, additional capacity is not

of relicensing.

(e) Applicant shall file a statement on the effect that takeover by the United States or relicensing to another applicant would have upon the supply of electric energy to the system with which it is interconnected, the rates charged its customers, the licensee's financial condition, and taxes collected by local, State, and Federal Governments. (This subsection is not applicable to State, municipal or nonlicensee applicants.)

(Secs. 7(c), 14, 15, 308, 309; 49 Stat. 858, 859 (16 U.S.C. 800, 807, 808, 825g, 825h)) [Order 384, 34 FR 12272, July 25, 1969, as amended by Order 501, 39 FR 2267, Jan. 18, 1974; Order 518, 39 FR 40943, Nov. 22, 1974; Order No. 570, 42 FR 40191, Aug. 9, 1977]

§ 16.7 Application for nonpower license.

Each application for "non-power license" shall generally follow the form prescribed in § 131.6 of this chapter, except for subsections 7 and 8 thereof. It shall be accompanied by Exhibits K, L, R, and S prepared as described in § 4.41 of this chapter, and shall include the information specified in paragraphs (a) through (c) of this section. The application and all accompanying exhibits shall be filed in accordance with § 4.31 of this chapter.

(a) Applicant shall furnish a description of the nonpower purpose for which the project is to be utilized and a showing of how such use conforms with a comprehensive plan for improving or developing a waterway or waterways for beneficial uses, including a statement of the probable impact which conversion of the project to nonpower use will have on the power supply of the system served by the project.

(b) Applicant shall identify the State, municipal, interstate or Federal agency, if any, which is authorized or willing to assume regulatory supervision over the land, waterways and facilities to be included within the nonpower project. (If there is such an agency, applicant shall forward one copy of the application to such agency.)

(c) Applicant shall submit a proposal for the removal or other disposition of power facilities of the project.

A "non-power license" shall be effective until such time as in the judgment of the Commission a State, municipal, interstate, or Federal agency is authorized and willing to assume regulatory supervision over the land, waterways, and facilities included within the “non-power license” or until the project structures are removed. Such State, municipal, interstate or Federal agency may petition the Commission for termination of a "non-power license" at any time. Where the existing project is located on the public lands or reservations of the United States, and there is no application for relicensing as a power project either by the original licensee or some other entity, or a takeover recommendation, the Commission may, in its discretion, and upon a showing by the agency having jurisdiction over the lands or reservations that it is prepared to assume requisite regulatory supervision for the nonpower use of the project, terminate the proceeding without issuing any license for nonpower use. [Order 384, 34 FR 12272, July 25, 1969, as amended by Order 501, 39 FR 2267, Jan. 18, 1974]

§ 16.8 Departmental recommendation for

takeover.

A recommendation that the United States exercise its right to take over a project may be filed by any Federal department or agency no earlier than 5 years and no later than 2 years prior to the expiration of the license term; Provided, however, That such recommendation shall not be filed later than 9 months after the issuance of a notice of application for a new license. Departments or agencies filing such recommendations shall thereby become parties to the relicensing-takeover proceeding. An original and 14 copies of the recommendation shall be filed together with one additional copy for each interested State commission. The recommendation shall specify the project works which would be taken over by the United States, shall in

clude a detailed description of the proposed Federal operation of the project, including any plans for its redevelopment and shall indicate how take over would serve the public interest as fully as non-Federal development and operation. It shall also include a statement indicating whether the agency making the recommendation intends to undertake operation of the project. A copy of the recommendation shall be served upon the licensee by the Commission's Secretary. Any applicant for a new license covering all or part of the project involved in the takeover recommendations shall have 120 days within which to serve a reply to the recommendation upon the Cɔmmission with copies to any parties in the proceeding.

If the Commission, after notice and opportunity for hearing concludes upon departmental recommendation, a proposal of any party, or its own motion, that the standards of section 10(a) of the Act would best be served if a project whose license is expiring is taken over by the United States, it will issue its findings and recommendations to this, effect, and after any modification thereof, upon consideration of any application for reconsideration, made in conformity with the provisions of § 1.34 of this chapter governing applications for rehearing, forward copies of its findings and recommendations to the Congress.

§ 16.10 Motion for stay by Federal department or agency.

If the Commission does not recommend to the Congress that a project be taken over, a Federal department or agency which has filed a timely recommendation for takeover as provided in this part may, within thirty (30) days of issuance of an order granting a license, file a motion, with copies to the parties in the proceeding, before the Commission requesting a stay of the license order. Upon the filing of such a motion, the license order automatically will be stayed for 2 years