[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: 18CFR16.11]

[Page 219-220]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 16_PROCEDURES RELATING TO TAKEOVER AND RELICENSING OF LICENSED 
PROJECTS--Table of Contents
 
Subpart B_Applications for Projects Subject to Sections 14 and 15 of the 
                            Federal Power Act
 
Sec. 16.11  Nonpower licenses.

    (a) Information to be provided by all applicants for nonpower 
licenses. (1) An applicant for a nonpower license must provide the 
following information in its application:
    (i) The information required by Sec. Sec. 4.51 or 4.61 of this 
chapter, as appropriate;
    (ii) A description of the nonpower purpose for which the project is 
to be used;
    (iii) A showing of how the nonpower use conforms with a 
comprehensive plan for improving or developing the waterway and for 
other beneficial public uses as defined in section 10(a)(1) of the 
Federal Power Act;
    (iv) A statement of any impact that converting the project to 
nonpower use may have on the power supply of the

[[Page 220]]

system served by the project, including the additional cost of power if 
an alternative generating source is used to offset the loss of the 
project's generation;
    (v) A statement identifying the state, municipal, interstate, or 
Federal agency, which is authorized and willing to assume regulatory 
supervision over the land, waterways, and facilities to be included 
within the nonpower project;
    (vi) Copies of written communication and documentation of oral 
communication that the applicant may have had with any jurisdictional 
agency or governmental unit authorized and willing to assume regulatory 
control over the project and the point of time at which the agency or 
unit would assume regulatory control;
    (vii) A statement that demonstrates that the applicant has complied 
with the requirements of Sec. 16.8(d)(2);
    (viii) A proposal that shows the manner in which the applicant plans 
to remove or otherwise dispose of the project's power facilities;
    (ix) Any proposal to repair or rehabilitate any nonpower facilities;
    (x) A statement of the costs associated with removing the project's 
power facilities and with any necessary restoration and rehabilitation 
work; and
    (xi) A statement that demonstrates that the applicant has resources 
to ensure the integrity and safety of the remaining project facilities 
and to maintain the nonpower functions of the project until the 
governmental unit or agency assumes regulatory control over the project.
    (2) [Reserved]
    (b) Termination of a proceeding for a nonpower license. The 
Commission may deny an application for a nonpower license and turn the 
project over to any agency that has jurisdiction over the land or 
reservations if:
    (1) An existing project is located on public lands or reservations 
of the United States;
    (2) Neither the existing licensee nor any other entity has filed an 
application for a new license for the project;
    (3) No one has filed a recommendation to take over the project 
pursuant to Sec. 16.14; and
    (4) The agency that has jurisdiction over the land or reservations 
demonstrates that it is able and willing to:
    (i) Accept immediate responsibility for the nonpower use of the 
project; and.
    (ii) Pay the existing licensee for its net investment in the project 
and any severance damages specified in section 14(a) of the Federal 
Power Act.
    (c) Termination of nonpower license. A nonpower license will be 
terminated by Commission order when the Commission determines that a 
state, municipal, interstate, or Federal agency has jurisdiction over, 
and is willing to assume regulatory responsibility for, the land, 
waterways, and facilities included within the nonpower license.

[Order 513, 54 FR 23806, June 2, 1989, as amended by Order 2002, 68 FR 
51142, Aug. 25, 2003]