§ 50.11. General conditions applicable to permits.
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/us/cfr/t18/s§ 50.11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The following terms and conditions, along with others that the Commission finds are required by the public interest, will attach to the issuance of each permit and to the exercise of the rights granted under the permit.
(b)The permit will be void and without force or effect unless accepted in writing by the permittee within 30 days from the date of the order issuing the permit. Provided that, when an applicant files for rehearing of the order in accordance with FPA section 313(a), the acceptance must be filed within 30 days after final disposition of the request for rehearing. Provided further, that when a petition for review is filed in accordance with the provisions of FPA section 313(b), the acceptance shall be filed within 30 days after final disposition of the judicial review proceedings thus initiated.
(c)Standards of construction and operation. In determining standard practice, the Commission will be guided by the provisions of the American National Standards Institute, Incorporated, the National Electrical Safety Code, and any other codes and standards that are generally accepted by the industry, except as modified by this Commission or by municipal regulators within their jurisdiction. Each electric utility will construct, install, operate, and maintain its plant, structures, equipment, and lines in accordance with these standards, and in a manner to best accommodate the public, and to prevent interference with service furnished by other public or non-public utilities insofar as practical.
(d)Written authorization must be obtained from the Director prior to commencing construction of the facilities or initiating operations. Requests for these authorizations must demonstrate compliance with all terms and conditions of the construction permit. Provided that, no authorization to proceed with construction activities will be issued:
(1)Until the time for the filing of a request for rehearing under 16 U.S.C. 825l(a) has expired with no such request being filed, or
(2)If a timely request for rehearing raising issues reflecting opposition to project construction, operation, or need is filed, until:
(i)The request is no longer pending before the Commission;
(ii)The record of the proceeding is filed with the court of appeals; or
(iii)90 days has passed after the date that the request for rehearing may be deemed to have been denied under 16 U.S.C. 825l(a).
(e)Any authorized construction or modification must be completed and made available for service by the permittee within a period of time to be specified by the Commission in each order issuing the transmission line construction permit. If facilities are not completed within the specified timeframe, the permittee must file for an extension of time under § 385.2008 of this chapter.
(f)A permittee must file with the Commission, in writing and under oath, an original and four conformed copies, as provided in § 385.2011 of this chapter, of the following:
(1)Within ten days after the bona fide beginning of construction, notice of the date of the beginning; and
(2)Within ten days after authorized facilities have been constructed and placed in service, notice of the date of the completion of construction and commencement of service.
(g)The permit issued to the applicant may be transferred, subject to the approval of the Commission, to a person who agrees to comply with the terms, limitations or conditions contained in the filing and in every subsequent order issued thereunder. A permit holder seeking to transfer a permit must file with the Secretary a petition for approval of the transfer. The petition must:
(1)State the reasons supporting the transfer;
(2)Show that the transferee is qualified to carry out the provisions of the permit and any orders issued under the permit;
(3)Be verified by all parties to the proposed transfer;
(4)Be accompanied by a copy of the proposed transfer agreement;
(5)Be accompanied by an affidavit of service of a copy on the parties to the permit proceeding; and
(6)Be accompanied by an affidavit of publication of a notice concerning the petition and service of such notice on all affected landowners that have executed agreements to convey property rights to the transferee and all other persons, municipalities or agencies entitled by law to be given notice of, or be served with a copy of, any application to construct a major electric generation facility. \[71 FR 69465, Dec. 1, 2006, as amended at 89 FR 46733, May 29, 2024\]
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§ 50.11
General conditions applicable to permits.
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