[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: 18CFR11.15]

[Page 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. 11.15  Procedures for determining charges by energy gains investigation.

    (a) Purpose of investigations; limitation. Except as permitted under 
Sec. 11.14, the Commission will conduct an investigation to obtain 
information for establishing headwater benefits charges under this 
subpart. The Commission will investigate and determine charges for a 
project downstream from a non-Federal headwater project only if the 
parties are unable to agree to a settlement and one of the parties 
requests the Commission to determine charges.
    (b) Notification. The Commission will notify each downstream project 
owner and each headwater project owner when it initiates an 
investigation under this section, and the period of project operations 
to be studied will be specified. An investigation will continue until a 
final charge has been established for all years studied in the 
investigation.
    (c) Jurisdictional objections. If any project owner wishes to object 
to the assessment of a headwater benefits charge on jurisdictional 
grounds, such objection must:
    (1) Be raised within 30 days after the notice of the investigation 
is issued; and
    (2) State in detail the grounds for its objection.
    (d) Investigations. (1) For any downstream project for which a final 
charge pursuant to an investigation has never been established, the 
Commission will conduct an initial investigation to determine a final 
charge.
    (2) The Commission may, for good cause shown by a party or on its 
own motion, initiate a new investigation of a river basin to determine 
whether, because of any change in the hydrology, project development, or 
other characteristics of the river basin that effects headwater 
benefits, it should:
    (i) Establish a new final charge to replace a final charge 
previously established under Sec. 11.17(b)(5); or
    (ii) Revise any variable of the headwater benefits formula that has 
become a constant in calculating a final charge.
    (3) Scope of investigations. (i) The Commission will establish a 
final charge pursuant to an investigation based on information available 
to the Commission through the annual data submission requirements of 
Sec. 11.16, if such information is adequate to establish a reasonably 
accurate final charge.
    (ii) If the information available to the Commission is not 
sufficient to provide a reasonably accurate calculation of the final 
charge, the Commission will request additional data and conduct any 
studies, including studies of the hydrology of the river basin and 
project operations, that it determines necessary to establish the 
charge.