§ 4.60. Applicability and notice to agencies.
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/us/cfr/t18/s§ 4.60·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Applicability. The provisions of this subpart apply to any application for an initial license or a new license for:
(1)A minor water power project, as defined in § 4.30(b)(17);
(2)Any major project---existing dam, as defined in § 4.30(b)(16), that has a total installed capacity of 10 MW or less; or
(3)Any major unconstructed project or major modified project, as defined in § 4.30(b)(15) and
(14)respectively, that has a total installed capacity of 10 MW or less.
(b)Notice to agencies. The Commission will supply interested Federal, state, and local agencies with notice of any application for license for a water power project 10 MW or less and request comment on the application. Copies of the application will be available for inspection through the Commission's website, https://www.ferc.gov. The applicant shall also furnish copies of the filed application to any Federal, state, or local agency that so requests.
(c)Unless an applicant for a license for a minor water power project requests in its application that the Commission apply the following provisions of Part I of the Federal Power Act when it issues a minor license for a project, the Commission, unless it determines it would not be in the public interest to do so, will waive:
(1)Section 4(b), insofar as it requires a licensee to file a statement showing the actual legitimate costs of construction of a project;
(2)Section 4(e), insofar as it relates to approval by the Chief of Engineers and the Secretary of the Army of plans affecting navigation;
(3)Section 6, insofar as it relates to the acceptance and expression in the license of terms and conditions of the Federal Power Act that are waived in the licensing order;
(4)Section 10(c), insofar as it relates to a licensee's maintenance of depreciation reserves;
(5)Sections 10(d) and 10(f);
(6)Section 14, with the exception of the right of the United States or any state or municipality to take over, maintain, and operate a project through condemnation proceedings; and
(7)Sections 15, 16, 19, 20 and 22. \[Order 413, 50 FR 11685, Mar. 25, 1985, as amended by Order 513, 54 FR 23806, June 2, 1989; Order 2002, 68 FR 51120, Aug. 25, 2003; Order 877, 86 FR 42714, Aug. 5, 2021; Order 899, 88 FR 74030, Oct. 30, 2023\]
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§ 4.60
Applicability and notice to agencies.
Fed. Reg.×3
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