[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: 18CFR12.35]

[Page 199-200]
 
           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. 12.35  Specific inspection requirements.

    (a) Scope of inspection. The inspection by the independent 
consultant shall include:
    (1) Due consideration of all relevant reports on the safety of the 
development made by or written under the direction of Federal or state 
agencies, submitted under Commission regulations, or made by other 
consultants;
    (2) Physical field inspection of the project works and review and 
assessment of all relevant data concerning:
    (i) Settlement;
    (ii) Movement;
    (iii) Erosion;
    (iv) Seepage;
    (v) Leakage;
    (vi) Cracking;
    (vii) Deterioration;
    (viii) Seismicity;
    (ix) Internal stress and hydrostatic pressures in project structures 
or their foundations or abutments;
    (x) The functioning of foundation drains and relief wells;
    (xi) The stability of critical slopes adjacent to a reservoir or 
project works; and
    (xii) Regional and site geological conditions; and
    (3) Specific evaluation of:

[[Page 200]]

    (i) The adequacy of spillways;
    (ii) The effects of overtopping of nonoverflow structures;
    (iii) The structural adequacy and stability of structures under all 
credible loading conditions;
    (iv) The relevant hydrological data accumulated since the project 
was constructed or last inspected under this subpart;
    (v) The history of the performance of the project works through 
analysis of data from monitoring instruments; and
    (vi) The quality and adequacy of maintenance, surveillance, and 
methods of project operations for the protection of public safety.
    (b) Evaluation of spillway adequacy. The adequacy of any spillway 
must be evaluated by considering hazard potential which would result 
from failure of the project works during flood flows.
    (1) If structural failure would pre sent a hazard to human life or 
cause significant property damage, the independent consultant must 
evaluate the ability of project works to withstand the loading or 
overtopping which may occur from a flood up to the probable maximum 
flood or the capacity of spillways to prevent the reservoir from rising 
to an elevation that would endanger the project works.
    (2) If structural failure would not present a hazard to human life 
of cause significant property damage, spillway adequacy may be evaluated 
by means of a design flood of lesser magnitude than the probable maximum 
flood, if the report of the independent consultant pursuant to Sec. 
12.37 provides a detailed explanation of the bases for the finding that 
structural failure would not present a hazard to human life or cause 
significant property damage.