[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR11.14]

[Page 183-184]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 11_ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT--Table of Contents
 
                Subpart B_Charges for Headwater Benefits
 
Sec. 11.14  Procedures for establishing charges without an energy gains 
investigation.

    (a) Settlements. (1) Owners of downstream and headwater projects 
subject to this subpart may negotiate a settlement for headwater 
benefits charges. Settlements must be filed with the Commission for its 
approval, according to the provisions of Sec. 385.602.
    (2) If the headwater project is a Federal project, any settlement 
under this section must result in headwater benefits payments that 
approximate those that would result under the energy gains method.
    (b) Continuation of previous headwater benefits determinations. (1) 
For any downstream project being assessed headwater benefit charges on 
or before September 16, 1986, the Commission will continue to assess 
charges to that project on the same basis until changes occur in the 
river basin, including hydrology or project development, that affect 
headwater benefits.

[[Page 184]]

    (2) Any procedures that apply to Sec. 11.17(b)(5) of this subpart 
will apply to any prospectively fixed charges that are continued under 
this paragraph.