may be appropriate. If a protest is filed, a public hearing will be ordered in accordance with § 1.20 of this chapter.

CROSS REFERENCE: For protests, see § 1.10 of this chapter. § 4.24

Determination of cost.

The Commission, after receipt of the reports, or after the conclusion of the hearing if one is held, will determine the amounts to be included in the electric plant accounts of the licensee as the cost of the property and the accrued depreciation thereon.

§ 4.25

Finding and final statement. Final action by the Commission will be in the form of a finding and order entered upon its minutes and served upon all parties to the proceeding. The licensee shall thereafter file a final statement, under oath, in duplicate, with two additional conformed copies thereof, showing actual legitimate cost revised in conformity with the order of the Commission, and showing compliance with the provisions of such order with respect to depreciation, together with a statement showing that its records have been revised in conformity with such order.

APPLICATION FOR LICENSE; GENERAL PROVISIONS

An application for license may be filed by any citizen, association of citizens, corporation, State, or municipality desirous of obtaining a license pursuant to the act: Provided, however, That if a preliminary permit has been issued, no action on applications by others than the permittee covering in whole or in part the same reach of stream or streams shall be taken that might infringe on the rights of the permittee under sections 5 and 7 of the Federal Power Act. [Order 175, 19 F.R. 5218, Aug. 18, 1954]

ter, and the Fish and Wildlife Coordination Act, 48 Stat. 401, as amended 16 U.S.C. 611 et seq. 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, unless such action has been taken in connection with a preliminary permit. An application in order to be acceptable for processing must contain the information required pursuant to §§ 4.40 through 4.51, inclusive, as well as, any additional information required, as appropriate, except that; (a) Exhibit A may be incorporated in an application by reference where an 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 (b) for unconstructed projects, final Exhibits F and K may be filed subsequent to the issuance of the license as prescribed therein.

(b) An applicant may be required to furnish additional information required pursuant to these sections at such time as the Secretary directs. Failure to furnish the required information will constitute grounds for rejection of the application by the Secretary as provided by § 1.14 of this chapter. The Commission may require as a condition of license that the licensee furnish additional or revised exhibits by a specified time. Failure to furnish such information within the time specified, or an extension thereof granted by the Commission, shall constitute a violation of the license and cause for action under section 26 of the Federal Power Act.

[Order 384, 34 F.R. 12274, July 25, 1969] § 4.32 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. 5214, Aug. 18, 1954] § 4.33 Issuance and acknowledgment of acceptance.

When the Commission shall have issued a license or an amendment thereof, the same shall be forwarded to the applicant for acknowledgment

of acceptance. Unless an application for rehearing is filed, or unless the order is stayed by the Commission, the order issuing the license or an amendment thereof shall become final thirty (30) days from date of issuance and the acknowledgment of acceptance shall be filed in triplicate with the Commission within sixty (60) days from date of issuance of the license or the amendment. [Order 175, 19 F.R. 5214, Aug. 18, 1954] APPLICATION FOR LICENSE FOR PROPOSED MAJOR PROJECT OR MINOR PART THEREOF

§ 4.40 Contents.

Each application for license for a complete project of more than 2,000 horsepower installed capacity, to be constructed, or for a minor part of such project shall be verified, shall conform to § 131.2 of this chapter, and shall set forth in appropriate detail the following information in the order indicated. Unless 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 applicant in any other organization or over applicant by any other organization.

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

(e) A concise general description of the project and the principal project works, including dams, reservoirs, water conduits, power houses, substations,

switch yards, and transmission lines, in such detail as may be applicable.

(f) 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.

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

(h) A description of the proposed initial and ultimate schemes of development including installed capacities contemplated in each scheme.

(i) 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 any 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.

(j) The location and capacity of all power plants or other electric facilities 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.

(k) A description of any historical or archeological properties listed in the National Register established under the provisions of Public Law 89-665 (80 Stat. 915) or under consideration or eligible for listing in the National Register which are or may be affected by the project. The National Register is contained in the FEDERAL REGISTER of February 25, 1969, Part 2 of this chapter (34 F.R. 2580), and is updated on the first Tuesday of each month thereafter. Inquiries with respect to properties under consideration or eligible for listing may be directed to the State Liaison Officer, a list of which is included in the FEDERAL REGISTER of February 25, 1969.

(1) Other data which the Applicant may consider pertinent

[Order 141, 12 F.R. 8485, Dec. 19, 1947, as amended by, Order 260, 28 F.R. 315, Jan. 11, 1963; Order 384, 34 F.R. 12274, July 25, 1969]

§ 4.41

Required exhibits. There shall be filed as part of the application for license 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 applicant is a corporation: One copy of charter or certificate and articles of incorporation, with all the amendments thereto, duly certified by the secretary of state of the State where organized, or other proper authority, and the required number of additional uncertified copies; one certified and the required number of additional uncertified copies of the by-laws; and six copies of the certificate of organization with one additional copy for each interested State commission in conformity with § 131.3 of this chapter. If the project is located in another State than that in which the corporation is organized, a certificate and the required additional copies 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 number of 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 applicant that he is a citizen of the United States, and the required number of additional copies thereof.

If the applicant is an association: One verified copy and the required number of additional copies of its articles of association. If there are no articles of association, that fact shall be stated over the signature of each member of the association and the required additional copies of the statement submitted. A complete list of members and a statement of the citizenship of each must be given in an affidavit by one of them, and an original and the required number of additional copies submitted.

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

Exhibit C. If special hydroelectric, waterpower, or irrigation laws of the State or States involved pertain to the construction of the applicant's project, submit copies of such laws or reference thereto. (General State incorporation acts are not desired.)

Exhibit D. Evidence that the applicant has complied with the requirements of the laws of the State or States within which the project is to be located with respect to bed and banks and to the appropriation, diversion, and use of water for power purposes and with respect to the right to engage in the business of developing, transmitting, and distributing power, and in any other business, necessary to effect the purposes of the license applied for, including a certificate of convenience and necessity, if required. This evidence shall be accompanied by a statement of the steps that have been taken and the steps that remain to be taken to acquire franchise or other rights from States, counties, the and municipalities before project can be completed and put into operation.

Exhibit E. The nature, extent, and ownership of water rights which the applicant proposes to use in the development of the project covered by application, together with satisfactory evidence that the applicant has proceeded as far as practicable in perfecting its rights to use sufficient water for proper operation of the project works. A certificate from the proper State agency setting forth the extent and validity of the applicant's water rights shall be appended if practicable. In case the approval or permission of one or more State agencies is required by State law as a condition precedent to the applicant's right to take or use the water for the operation of the project works, duly certified evidence of such approval or permission, or a showing of cause why such evidence cannot be reasonably submitted shall also be filed. When a State certificate is involved, one certified copy and the required additional uncertified copies shall be submitted.

Exhibit F. Full details as to lands owned by applicant, and as to applicant's plans for acquiring title to or the right to occupy and use lands other than those owned by the applicant or by the United States, necessary or essential for carrying out the project covered by the application. If the applicant, at the time of filling application, has by easement, lease, franchise, or otherwise acquired the right to occupy and use lands owned by others, the statement should show with respect to each separate right of occupancy and use

(1) From whom acquired.
(2) The date acquired.

(3) Nature and extent of the right acquired.

(4) Whether perpetual or limited term. (5) If of limited term, when such term expires.

(6) For each parcel acquired, the area inside of the project boundary and the area outside of the project boundary, and a reference to Exhibit K.

Exhibit G. Statement showing the financial ability of the applicant to carry out the project applied for, together with a statement or explanation of the proposed method of financing the construction thereof.

Exhibit H. A statement of the proposed operation of the project works during times of low, normal, and flood flows on the stream, including a statement of reservoir elevations and the minimum flow proposed to be released, during the recreation season and periods of low water, and, to the extent possible, full exposition of any proposed use of the project for the conservation and utilization in the public interest of the available water resources for the purposes of power, navigation, irrigation, reclamation, flood control, recreation, fish, wildlife, and municipal water supply. A statement of the effect, if any, the project would have on water quality, in the reservoir or downstream, plans for maintaining or improving water quality and a statement on the extent of consultation and cooperation with Federal, State, and local agencies having responsibilities for water quality control. A statement as to whether in relation to existing and proposed future projects in the same or related watersheds, the fullest practicable utilization of the water, storage possibilities and head available will be made possible. Furnish operating rule for reservoirs with draw-down and usable storage; State criteria for determining spillway capacity. To the extent that aspects of water quality, referred to herein, related to fish and wildlife and recreation are covered in Exhibit S or in Exhibit R, respectively, a specific reference to Exhibit S or Exhibit R will suffice.

Exhibit 1. Estimate of the dependable capacity and average annual energy output to be generated by the project (dependable capacity for purposes of this section is equal to the amount of capacity from an alternative additional source which would be required to meet the load during the critical flow period for the system if the proposed hydro-project were not constructed). Specify the period of critical stream flow used in determining the dependable capacity and describe the load into which the power generated by the project will be utilized. Furnish the following engineering data: A flow duration curve indicating the period of record and gaging stations used in deriving this curve, a tailwater rating curve, a curve showing estimated plant capability versus head, and an outline of plan for future proposed hydro-projects on the stream involved and their approximate location and ultimate installed capacity. When pertinent, state assumptions used for evaporation, leakage, and head losses.

Exhibit J. General map covering the entire project area, showing on a single sheet and to an appropriate scale the location of the following:

(1) Principal structures and other important features of the project, including such roads, railways, tramways, and bridges as it is proposed shall become part of the project works and be placed under the license.

(2) All transmission lines, substations, switchyards, and telephone lines, which it is

proposed shall become a part of the project works and be placed under license, as well as general layout of the transmission system, if any, with which the project may be connected, indicating prominently by appropriate symbol the portion or portions of the transmission lines or system covered by application for license.

(3) State and county lines, reservations of the United States, towns, streams, stream gaging stations, railroads, power plants, irrigation systems and other features in the vicinity of the proposed development, information concerning which will aid in arriving at a general comprehension of the project.

(4) Reference to the detail map (Exhibit K) indicating by outline the portion shown on each sheet.

(5) If all features cannot be shown with sumcient distinctness on one sheet, two general maps may be furnished, one for the power plant and appurtenant works, and one for the transmission system. (See specifications for drawings § 4.42.)

Exhibit K. Detail map covering entire project area. Scale shall be such as to show clearly, but without unnecessary multiplicity of sheets, the essential details of surveys and of notes as to ownership or right of occupancy of lands within the project area. In general, a scale of approximately 400 feet to the inch is appropriate for features containing a relatively large amount of detail, and scales of 1,000 or 2,000 feet to the inch where there is little detail, as is frequently the case with respect to transmission and telephone lines, roads, and railways. Elevations shall be tied to Government bench marks whenever available, and shall be referred to mean sea level except that in the case of projects in navigable waters having a datum accepted for local use by the Office of the Chief of Engineers, Department of the Army, such local datum shall be used. If more than one sheet is used the sheets shall be numbered consecutively, and each shall bear a small diagram showing the entire map and indicating the portions shown on each sheet. Several sections of a conduit, transmission line, telephone line, road, railway, etc., may be shown upon a single sheet, each so placed or limited as to avoid crowding or confusion. Except to the extent and in such particulars as the requirements may be expressly waived or modified by the Commission the detail map to be filed as this exhibit shall conform to the specifications for drawings, § 4.42, and the following requirements:

(1) It shall show the project area and the project boundary.

(1) The project boundary for reservoirs may be shown by metes and bounds, or by a contour, or if the project lands are covered by the public land survey by lines along or parallel to lines of the public land survey. Where a flowage easement or right of use involving other than a conveyance in fee for a reservoir applies to a whole tract of land

and is not otherwise defined, the project boundary may enclose the entire tract.

(ii) The project boundary for continuous structures, such as transmission lines, telephone and control lines, conduits, roads, etc., may be described by center or offset lines of survey specifying distances of the project boundary therefrom.

(iii) Except with respect to lands necessary or appropriate for recreation purposes, for which it is recognized that additional project area will generally be required, the project boundary shall be no more than 200 feet (horizontal measurement) from the exterior margin (in general, high-water level) of reservoirs, nor shall the width of the project area for canals, ditches, pipelines, transmission lines, roads, and other so-called continuous structures exceed 200 feet, unless satisfactory reasons are given to the contrary. The project boundary shall be shown on the map in such manner that it can be readily identified on the ground. There shall be shown the location and description of monuments and other marks with reference lines therefrom to permanent objects in accordance with good practice in land surveying.

(iv) If the project boundary is located on lands covered by the public land survey there shall be shown a reference line from the initial point of the project boundary survey by distances and bearings to an established corner if one can be identified within a distance of 2 miles. At each intersection of the project boundary with an identified line of the public land survey, there shall be shown the station number on the boundary survey, and the bearing and distance to the nearest identified corner in each direction on the public land survey line crossed, if such distance does not exceed one mile. The station number of the boundary survey shall be shown at points of entering and leaving lands of the United States or lands in which the United States has an interest.

(v) The project boundary, if described other than by a contour, shall be accurately plotted on the map with courses and distances fully and legibly shown either along the plotted boundary or in tabular form on the map. The project boundary if described by a contour, shall be accurately plotted on the map with such data as completely and accurately fixes its location and permits its recovery in the field.

(vi) If a contour project boundary is 10cated on lands covered by the public land survey, a permanent monument shall be established at each intersection of the boundary with an identified line of the public land survey. The map shall have the location of all such monuments with the bearing distance from each monument to nearest identified corner in each direction if such distance does not exceed one mile. (vii) Wherever a Federal survey monument will be destroyed or rendered unusable by the proposed development, at least two

permanent, marked witness monuments shall be established at accessible points. The map shall show a description of the monument destroyed or rendered unusable and location of the witness monuments with the connecting courses and distances to the original monument. Similarly where Federal bench marks are destroyed or rendered unusable, witness bench marks shall be established at accessible points. The map shall show the location and elevation of the original and witness bench marks with connecting courses and distances.

(viii) There shall be shown the status as to ownership, and the boundary lines and area of each parcel of land within, or partly within, the project area, designating separately lands owned by the applicant, lands to be acquired by the applicant, lands for which the applicant holds rights of use and occupancy for purposes of the project, reservations (indicating separately each reservation), and public lands (indicating separately lands, full title to which remains in the United States, and lands in which the United States retains only an interest). Where the project works occupy lands not owned by the applicant, but as to which the applicant holds only an easement, franchise, lease, or other right of occupancy and use, the map shall show the nature of such right and shall give appropriate reference to Exhibit F for further details.

(ix) Each map shall have thereon a statement by the person who makes or supervises the survey that the survey was accurately made and is correctly shown on the map. Each map shall have thereon a statement that the person who makes or supervises the survey has been employed by the applicant to make the survey.

(2) The location shall be accurately shown of all project works, such as(1) Dams.

(11) Reservoirs. Show the flow lines for maximum and minimum water levels and for elevation of spillway crest, and give tables or diagrams of areas and capacities for maximum and minimum water levels and for each contour line.

(111) Water conduits. Show center line, grade, and elevation of bottom at each change of grade, and designate lengths of each type of conduit, 1. e., flume, ditch tunnel, pipe, etc.