(1) Summary. Except as provided in paragraph (b)(3) of this section, a headwater benefits charge for a downstream project is determined under this subpart by apportioning the section 10(f) costs of the headwater project among the headwater project and all downstream projects that are not exempt from or waived from headwater benefits charges under 11.10(b) of this chapter, according to each project's share of the total energy benefits to those projects resulting from the headwater project.


18 CFR § 11.11

Scoping language

Applicability. This section applies to any determination of headwater benefits charges, unless:
(1) The Commission has approved headwater benefits charges pursuant to an existing coordination agreement among the parties;
(2) The parties reach, and the Commission approves, a settlement with respect to headwater benefits charges, pursuant to § 11.14(a) of this subpart; or
(3) Charges may be assessed under § 11.14(b).

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