[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: 18CFR12.3]

[Page 191-192]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 12_SAFETY OF WATER POWER PROJECTS AND PROJECT WORKS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 12.3  Definitions.

    (a) General rule. For purposes of this part, terms defined in 
section 3 of the Federal Power Act, 16 U.S.C. 796, have the same meaning 
as they have under the Act.

[[Page 192]]

    (b) Definitions. The following definitions apply for the purposes of 
this part:
    (1) Applicant means any person, state, or municipality that has 
applied for a license for an unlicensed, constructed project and any 
owner of an unlicensed, constructed project for which the Commission has 
determined that an application for license must be filed.
    (2) Owner means any person, state, or municipality, or combination 
thereof, that has a real property interests in a water power project 
sufficient to operate and maintain the project works.
    (3) Authorized Commission representative means the Director of the 
Office of Hydropower Licensing, the Director of the Division of 
Inspections, the Regional Engineer, or any other member of the 
Commission staff whom the Commission may specifically designate.
    (4) Condition affecting the safety of a project or project works 
means any condition, event, or action at the project which might 
compromise the safety, stability, or integrity of any project work or 
the ability of any project work to function safely for its intended 
purposes, including navigation, water power development, or other 
beneficial public uses; or which might otherwise adversely affect life, 
health, or property. Conditions affecting the safety of a project or 
project works include, but are not limited to:
    (i) Unscheduled rapid draw-down of impounded water;
    (ii) Failure of any facility that controls the release or storage of 
impounded water, such as a gate or a valve;
    (iii) Failure or unusual movement, subsidence, or settlement of any 
part of a project work;
    (iv) Unusual concrete deterioration or cracking, including 
development of new cracks or the lengthening or widening of existing 
cracks;
    (v) Piping, slides, or settlements of materials in any dam, 
abutment, dike, or embankment;
    (vi) Significant slides or settlements of materials in areas 
adjacent to reservoirs;
    (vii) Significant damage to slope protection;
    (viii) Unusual instrumentation readings;
    (ix) New seepage or leakage or significant gradual increase in pre-
existing seepage or leakage;
    (x) Sinkholes;
    (xi) Significant instances of vandalism or sabotage;
    (xii) Natural disasters, such as floods, earthquakes, or volcanic 
activity;
    (xiii) Any other signs of instability of any project work.
    (5) Constructed project means any project with an existing dam.
    (6) Dam means any structure for impounding or diverting water.
    (7) Development means that part of a project comprising an 
impoundment and its associated dams, forebays, water conveyance 
facilities, power plants, and other appurtenant facilities. A project 
may comprise one or more developments.
    (8) Modification means any activity, including repair or 
reconstruction, that in any way changes the physical features of the 
project from the state reflected in the plans or drawings or other 
documents filed with the Commission.
    (9) Project emergency means an impending or actual sudden release of 
water at the project caused by natural disaster, accident, or failure of 
project works.
    (10) Regional Engineer means the person in charge of the 
Commission's regional office for the region (Atlanta, Chicago, Fort 
Worth, New York, or San Francisco) where a particular project is 
located.
    (11) Act means the Federal Power Act.

[Order 122, 46 FR 9036, Jan. 28, 1981, as amended at 49 FR 29370, July 
20, 1984]