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.

(k) (Required exhibits.)

There shall

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 certificate 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 copies. (See § 131.10 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 1. 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 embraced 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 FR. 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.

shall have

When the Commission 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 issuance 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

§ 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] § 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

Sec.

6.1

6.2

6.3

Application for surrender.
Surrender of license.

Termination of license.

6.4 Termination by implied surrender. 6.5 Annual charges.

AUTHORITY: The provisions of this Part 6 issued under secs. 6, 10(1), 13, 41 Stat. 1067, 1068, 1071, as amended, sec. 309, 49 Stat. 858; 16 U.S.C. 799, 803 (1), 806, 825h.

SOURCE: The provisions of this Part 6 contained in Order 141, 12 F.R. 8491, Dec. 19, 1947, unless otherwise noted.

§ 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 (i) 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, 1954]

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

Sec.

8.3 Discrimination prohibited. 8.11 Information respecting use and development of public recreational opportunities.

AUTHORITY: The provisions of this Part 8 issued under secs. 4, 10, 309, 41 Stat. 1065, 1068; 49 Stat. 839, 842, 858; 16 U.S.C. 797, 803, 825h.

§ 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 F.R. 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 the project is located, a conspicuous sign giving the name of the project and the owner of the project, a statement that it is licensed by the Commission and the project number, directions to the areas of the project which are available for public recreation use, permissible times and activities, and other regulations regarding such use, and advising that further

information may be obtained at local offices of the licensee in the vicinity of the project. In addition, the licensee shall post at such locations conspicuous notice that the recreation facilities are open to all members of the public without discrimination.

(b) The licensee shall make available for inspection at its local offices in the vicinity of the project the recreation plan approved by the Commission and the entire license instrument, properly indexed for easy reference to the license conditions designated for publications in § 8.1. [Order 299, 30 F.R. 7313, June 3, 1965, as amended by Order 341, 32 F.R. 6488, Apr. 27, 1967; 32 F.R. 11640, Aug. 11, 1967]

§ 8.3 Discrimination prohibited.

Every licensee maintaining recreation facilities for the use of the public at a licensed project, or employing or permitting any other person to maintain such facilities, shall permit, or require such other person to permit, equal and unobstructed use of such facilities to all members of the public without regard to race, color, religious creed or national origin.

[Order 341, 32 F.R. 6488, Apr. 27, 1967] § 8.11 Information respecting use and development of public recreational opportunities.

(a) Except as provided in paragraph (b) of this section, each licensee of a project under major or minor Commission license shall prepare with respect to each such project owned and file by June 30, 1967, and biennially thereafter, an original and two conformed copies of FPC Form No. 80 prescribed by § 141.14 of this chapter for use by licensees of projects under major and minor license. Forms filed subsequently to the 1967 filing need be completed only to the extent necessary to correct, supplement, update or add to the information supplied in a previously filed form. One copy of the report should be retained by the correspondent in its file.

(b) A licensee or applicant who submits a statement that it has previously filed an acceptable recreational use plan pursuant to a special license condition or § 4.41 Exhibit R, of this chapter will not be required to file Form 80 until December 31, 1968, or at such time as may be required by a special license condition. Such statement shall indicate the document previously so filed and its

status, i.e., whether approved as being an accepted recreational use plan submitted pursuant to a special license condition, or as an Exhibit R in a pending license application, or as the case may be.

(c) A licensee may request an exemption from any further filing of Form 80, for a project or any development thereof which has no recreational use or potential, by submitting a statement not later than 6 months prior to the due date for the second filing, stating that Form 80 has been filed previously for the project or development thereof and setting out the basis for believing that the project has no recreational use or potential. [Order 330, 31 F.R. 16202, Dec. 17, 1966, as amended by Order 369, 33 F.R. 14593, Sept. 28, 1968]

APPLICATION FOR LEASE OF PROJECT PROPERTY 9.10 Filing.

AUTHORITY: The provisions of this Part 9 issued under sec. 8, 41 Stat. 1068, sec. 309, 49 Stat. 858; 16 U.S.C. 801, 825h.

SOURCE: The provisions of this Part 9 contained in Order 141, 12 F.R. 8491, Dec. 19, 1947, unless otherwise noted.

CROSS REFERENCE: For application for approval of transfer of license, see § 131.20 of this chapter.

APPLICATION FOR TRANSFER OF LICENSE § 9.1 Filing.

Any licensee desiring to transfer a license or rights thereunder granted, and the person, association, corporation, State, or municipality desiring to acquire the same, shall jointly or severally file an application for approval of such transfer and acquisition. Such application shall be submitted in quadruplicate under oath, with one additional copy for each interested State commission, and shall conform to § 131.20 of this chapter. § 9.2 Contents of application.

Every application for approval of such transfer and acquisition by the proposed transferee shall set forth in appropriate detail the qualifications of the transferee to hold such license and to operate the