[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: 18CFR12.31]

[Page 198-199]
 
           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 D_Inspection by Independent Consultant
 
Sec. 12.31  Definitions.

    For purposes of this subpart:
    (a) Independent consultant means any person who:
    (1) Is a licensed professional engineer;
    (2) Has at least 10 years experience and expertise in dam design and 
construction and in the investigation of the safety of existing dams; 
and
    (3) Is not, and has not been within two years before being retained 
to perform an inspection under this subpart, an employee of the licensee 
or its affiliates or an agent acting on behalf of the licensee or its 
affiliates.
    (b) Dam that has a high hazard potential means any dam whose 
failure, in the judgment of the Commission or its authorized 
representative, might endanger human life or cause significant property 
damage, or which meets the criteria for high hazard potential as defined 
by the Corps of Engineers in 33 CFR part 222.

[[Page 199]]

    (c) Height above streambed means:
    (1) For a dam with a spillway, the vertical distance from the lowest 
elevation of the natural streambed at the downstream toe of the dam to 
the maximum water storage elevation possible without any discharge from 
the spillway. The maximum water storage elevation is:
    (i) For gated spillways, the elevation of the tops of the gates;
    (ii) For ungated spillways, the elevation of the spillway crest or 
the top of any flashboards, whichever is higher;
    (2) For a dam without a spillway, the vertical distance from the 
lowest elevation of the natural streambed at the downstream tow of the 
dam to the lowest point on the crest of the dam.
    (d) Gross storage capacity means the maximum possible volume of 
water impounded by a dam with zero spill, that is, without the discharge 
of water over the dam or a spillway.
    (e) The Director of the Office of Hydropower Licensing may, for good 
cause shown, grant a waiver of the 10 year requirement in paragraph 
(a)(2) of this section. Any petition for waiver under this paragraph 
must be filed in accordance with Sec. 1.7(b) of this chapter.

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