(a) Information to be provided by all applicants for nonpower licenses.(1) An applicant for a nonpower license must provide the following information in its application:
(i) The information required by §§ 4.51 or 4.61 of this chapter, as appropriate;
(ii) A description of the nonpower purpose for which the project is to be used;
(iii) A showing of how the nonpower use conforms with a comprehensive plan for improving or developing the waterway and for other beneficial public uses as defined in section 10(a)(1) of the Federal Power Act;
(iv) A statement of any impact that converting the project to nonpower use may have on the power supply of the system served by the project, including the additional cost of power if an alternative generating source is used to offset the loss of the project's generation;
(v) A statement identifying the state, municipal, interstate, or Federal agency, which is authorized and willing to assume regulatory supervision over the land, waterways, and facilities to be included within the nonpower project;
(vi) Copies of written communication and documentation of oral communication that the applicant may have had with any jurisdictional agency or governmental unit authorized and willing to assume regulatory control over the project and the point of time at which the agency or unit would assume regulatory control;
(vii) A statement that demonstrates that the applicant has complied with the requirements of § 16.8(d)(2) ;
(viii) A proposal that shows the manner in which the applicant plans to remove or otherwise dispose of the project's power facilities;
(ix) Any proposal to repair or rehabilitate any nonpower facilities;
(x) A statement of the costs associated with removing the project's power facilities and with any necessary restoration and rehabilitation work; and
(xi) A statement that demonstrates that the applicant has resources to ensure the integrity and safety of the remaining project facilities and to maintain the nonpower functions of the project until the governmental unit or agency assumes regulatory control over the project.
(b) Termination of a proceeding for a nonpower license. The Commission may deny an application for a nonpower license and turn the project over to any agency that has jurisdiction over the land or reservations if:
(1) An existing project is located on public lands or reservations of the United States;
(2) Neither the existing licensee nor any other entity has filed an application for a new license for the project;
(3) No one has filed a recommendation to take over the project pursuant to § 16.14; and
(4) The agency that has jurisdiction over the land or reservations demonstrates that it is able and willing to:
(i) Accept immediate responsibility for the nonpower use of the project; and.
(ii) Pay the existing licensee for its net investment in the project and any severance damages specified in section 14(a) of the Federal Power Act.
(c) Termination of nonpower license. A nonpower license will be terminated by Commission order when the Commission determines that a state, municipal, interstate, or Federal agency has jurisdiction over, and is willing to assume regulatory responsibility for, the land, waterways, and facilities included within the nonpower license.
[Order 513, 54 FR 23806, June 2, 1989, as amended by Order 2002, 68 FR 51142, Aug. 25, 2003]
Title 18 published on 2012-04-01
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