[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: 18CFR16.14]

[Page 221]
 
           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 C_Takeover Provisions for Projects Subject to Sections 14 and 15 
                        of the Federal Power Act
 
Sec. 16.14  Departmental recommendation for takeover.


    (a) A Federal department or agency may file a recommendation that 
the United States exercise its right to take over a hydroelectric power 
project with a license that is subject to sections 14 and 15 of the 
Federal Power Act. The recommendation must:
    (1) Be filed no earlier than five years before the license expires 
and no later than the end of the comment period specified by the 
Commission in:
    (i) A notice of application for a new license, a nonpower license, 
or an exemption for the project; or
    (ii) A notice of an amendment to an application for a new license, a 
nonpower license, or an exemption;
    (2) Be filed in accordance with the formal requirements for filings 
in subpart T of part 385 of the Commission's regulations and be served 
on each relevant Federal and state resource agency, all applicants for 
new license, nonpower license or exemption, and any other party to the 
proceeding;
    (3) Specify the project works that would be taken over by the United 
States;
    (4) Describe the proposed Federal operation of the project, 
including any plans for its redevelopment, and discuss the manner in 
which takeover would serve the public interest as fully as non-Federal 
development and operation;
    (5) State whether the agency intends to undertake the operation of 
the project; and
    (6) Include the information required by Sec. Sec. 4.41, 4.51, or 
4.61 of this chapter, as appropriate.
    (b) A department or agency that files a takeover recommendation 
becomes a party to the proceeding.
    (c) An applicant or potential applicant for a new license, a 
nonpower license, or an exemption that involves a takeover 
recommendation may file a reply to the recommendation, within 120 days 
from the date the takeover recommendation is filed with the Commission. 
The reply must be filed with the Commission in accordance with part 385 
of the Commission's regulations and a copy of such a reply must be 
served on the agency recommending the takeover and on any other party to 
the proceeding.