§ 4.105. Action on exemption applications.
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/us/cfr/t18/s§ 4.105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Exemption from provisions other than licensing. An application for exemption of a small hydroelectric power project from provisions of Part I of the Act other than the licensing requirement will be processed and considered as part of the related application for license or amendment of license. (b)(1) Consultation. The Commission will circulate a notice of application for exemption from licensing to interested agencies and Indian tribes at the time the applicant is notified that the application is accepted for filing.
(2)Non-standard terms and conditions. In approving any application for exemption from licensing, the Commission may prescribe terms or conditions in addition to those set forth in § 4.106 in order to:
(i)Protect the quality or quantity of the related water supply;
(ii)Otherwise protect life, health, or property;
(iii)Avoid or mitigate adverse environmental impact; or
(iv)Better conserve, develop, or utilize in the public interest the water resources of the region. (Energy Security Act of 1980, Pub. L. 96-294, 94 Stat. 611; Federal Power Act, as amended (16 U.S.C. 792-828c); Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601-2645); and the Department of Energy Organization Act (42 U.S.C. 7101-7352); E.O. 12009, 3 CFR 142 (1978)) \[Order 106, 45 FR 76123, Nov. 18, 1980, as amended by Order 202, 47 FR 4246, Jan. 29, 1982; Order 413, 50 FR 11688, Mar. 25, 1985; Order 533, 56 FR 23154, May 20, 1991\]
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- Pub. L. 96-294
- 94 Stat. 611
- 16 USC 792-828c
- 16 USC 2601-2645
- 42 USC 7101-7352
- 3 CFR 142
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§ 4.105
Action on exemption applications.
Fed. Reg.×1
Pub. L.Pub. L. 96-294
Stat.94 Stat. 611
Cite16 USC 792-828c
Cite16 USC 2601-2645
Cite42 USC 7101-7352
Cites 6 · showing 5Cited by 1 across 1 source