Licensed water power project
(13) Licensed water power project means a project, as defined in section 3(11) of the Federal Power Act, that is licensed under Part I of the Federal Power Act. (14) Major modified project means any major projectexisting dam, as defined in paragraph (b)(16) of this section, that would include: (i) Any repair, modification or reconstruction of an existing dam that would result in a significant change in the normal maximum surface area or the normal maximum surface elevation of an existing impoundment; or (ii) Any change in existing project works or operations that would result in a significant environmental impact. (15) Major unconstructed project means any unlicensed water power project that would: (i) Have a total installed generating capacity of more than 1.5 MW; and (ii) Use the water power potential of a dam and impoundment which, at the time application is filed, have not been constructed. (16) Major projectexisting dam means a licensed or unlicensed, existing or proposed water power project that would: (i) Have a total installed generating capacity or more than 2,000 horsepower (1.5 MW); and (ii) Not use the water power potential provided by any dam except an existing dam. (17) Minor water power project means any licensed or unlicensed, existing or proposed water power project that would have a total installed generation capacity of 2,000 horsepower (1.5 MW), or less. (18) New development, for the purposes of provisions governing application for license of a major projectexisting dam, means any construction, installation, repair, reconstruction, or other change in the existing state of project works or appurtenant facilities, including any dredging and filling in project waters. (19) New license means any license, except an annual license issued under section 15 of the Federal Power Act, for a water power project that is issued under the Federal Power Act after the initial license for that project. (20) Non-Federal lands, for the purposes of provisions governing application for exemption of a small conduit hydroelectric facility or a small hydroelectric power project, means any lands except lands to which the United States holds fee title. (21) Non-federally owned conduit, for the purposes of provisions governing the notice of intent to construct qualifying conduit hydropower facilities, means any conduit except a conduit to which the United States holds fee title. (22) Person means any individual and, as defined in section 3 of the Federal Power Act, any corporation, municipality, or state. (23) Project, for the purposes of provisions governing application for exemption of a small hydroelectric power project, means: (i) The impoundment and any associated dam, intake, water conveyance facility, power plant, primary transmission line, and other appurtenant facility if a lake or similar natural impoundment or a manmade impoundment is used for power generation; or (ii) Any diversion structure other than a dam and any associated water conveyance facility, power plant, primary transmission line, and other appurtenant facility if a natural water feature other than a lake or similar natural impoundment is used for power generation. (24) Qualified exemption applicant, means any person who meets the requirements specified in 4.31(c)(2) with respect to a small hydroelectric power project for which exemption from licensing is sought. (25) Qualified license applicant means any person to whom the Commission may issue a license, as specified in section 4(e) of the Federal Power Act. (26) Qualifying conduit hydropower facility, means a facility, not including any dam or impoundment, that is not required to be licensed under Part I of the FPA because it is determined to meet the following criteria: (i) Generates electric power using only the hydroelectric potential of a non-federally owned conduit; (ii) Has an installed capacity that does not exceed 40 megawatts (MW); and, (iii) Was not licensed or exempted from the licensing requirements of Part I of the FPA on or before August 9, 2013. (27) Ready for environmental analysis means the point in the processing of an application for an original or new license or exemption from licensing which has been accepted for filing, where substantially all additional information requested by the Commission has been filed and found adequate. (28) Real property interests, for the purposes of provisions governing application for exemption of a small conduit hydroelectric facility or a small hydroelectric power project, includes ownership in fee, rights-of-way, easements, or leaseholds. (29) Resource agency means a Federal, state, or interstate agency exercising administration over the areas of flood control, navigation, irrigation, recreation, fish and wildlife, water resource management (including water rights), or cultural or other relevant resources of the state or states in which a project is or will be located. (30) Small conduit hydroelectric facility, means an existing or proposed hydroelectric facility that is constructed, operated, or maintained for the generation of electric power, and includes all structures, fixtures, equipment, and lands used and useful in the operation or maintenance of the hydroelectric facility, but excludes the conduit on which the hydroelectric facility is located and the transmission lines associated with the hydroelectric facility and which: (i) Utilizes for electric power generation the hydroelectric potential of a conduit; (ii) Has an installed generating capacity that does not exceed 40 MW; (iii) Is not an integral part of a dam; (iv) Discharges the water it uses for power generation either: (A) Into a conduit; (B) Directly to a point of agricultural, municipal, or industrial consumption; or (C) Into a natural water body if a quantity of water equal to or greater than the quantity discharged from the hydroelectric facility is withdrawn from that water body downstream into a conduit that is part of the same water supply system as the conduit on which the hydroelectric facility is located; and (v) Does not rely upon construction of a dam, which construction will create any portion of the hydrostatic head that the facility uses for power generation unless that construction would occur for agricultural, municipal, or industrial consumptive purposes even if hydroelectric generating facilities were not installed. (31) Small hydroelectric power project, means any project in which capacity will be installed or increased after the date of application under subpart K of this chapter, which will have a total installed capacity of not more than 10 MW, and which: (i) Would utilize for electric power generation the water power potential of an existing dam that is not owned or operated by the United States or by an instrumentality of the Federal Government, including the Tennessee Valley Authority; or (ii) (A) Would utilize for the generation of electricity a natural water feature, such as a natural lake, waterfall, or the gradient of a natural stream, without the need for a dam or man-made impoundment; and (B) Would not retain water behind any structure for the purpose of a storage and release operation. (32) PURPA benefits means benefits under section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA). Section 210(a) of PURPA requires electric utilities to purchase electricity from, and to sell electricity to, qualifying facilities.