[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: 18CFR16.25]

[Page 225]
 
           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 F_Procedural Matters
 
Sec. 16.25  Disposition of a project for which no timely application is 
filed following a notice of intent to file.

    (a) If an existing licensee that indicates in the notice filed 
pursuant to Sec. 16.6 that it will file an application for new license, 
nonpower license, subsequent license, or an exemption does not file its 
application individually or in conjunction with an entity or entities 
that are not currently licensees of the project at least 24 months 
before its existing license expires in the case of licenses subject to 
sections 14 and 15 of the Federal Power Act, or by the deadlines 
specified in Sec. 16.20(c) in the case of licenses not subject to 
sections 14 and 15 of the Federal Power Act, and no other applicant 
files an application within the appropriate time or all pending 
applications filed before the applicable filing deadline are 
subsequently rejected or dismissed pursuant to Sec. 4.32 of this 
chapter, the Commission will publish in the Federal Register and once in 
a daily or weekly newspaper published in the county or counties in which 
the project or any part thereof or the lands affected thereby are 
situated, notice soliciting applications from potential applicants other 
than the existing licensee.
    (b) A potential applicant that files a notice of intent within 90 
days from the date of the public notice issued pursuant to paragraph 
(a):
    (1) May apply for a license under Part I of the Federal Power Act 
and part 4 of this chapter (except Sec. 4.38) within 18 months of the 
date on which it files its notice; and
    (2) Must comply with the requirements of Sec. 16.8 and, if the 
project would have a total installed capacity of over 2,000 horsepower, 
Sec. 16.10.
    (c) The existing licensee must file a schedule for the filing of a 
surrender application for the project, for the approval of the Director 
of the Office of Energy Projects, 90 days:
    (1) After the due date established for any notice of intent issued 
under paragraph (a), if no notices of intent were received; or
    (2) After the due date for any application filed under paragraph 
(b)(1), if no application has been filed.
    (d) Any application for surrender must be filed according to the 
approved schedule, must comply with the requirements of Sec. 16.8 and 
part 6 of this chapter, and must provide for disposition of any project 
facility.