[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: 18CFR16.5]

[Page 206]
 
           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 A_General Provisions
 
Sec. 16.5  Site access for a competing applicant.

    (a) Access. If a potential applicant for a new license, subsequent 
license, or nonpower license for a project has complied with the first 
stage consultation provisions of Sec. 16.8(b)(1) and has notified the 
existing licensee in writing of the need for and extent of the access 
required, the existing licensee must allow the potential applicant to 
enter upon or into designated land, buildings, or other property in the 
project area at a reasonable time and under reasonable conditions, 
including, but not limited to, reasonable liability conditions, 
conditions for compensation to the existing licensee for all reasonable 
costs incurred in providing access, including energy generation lost as 
a result of modification of project operations that may be necessary to 
provide access, and in a manner that will not adversely affect the 
environment, for the purposes of:
    (1) Conducting a study or gathering information required by a 
resource agency under Sec. 16.8 or by the Commission pursuant to Sec. 
4.32 of this chapter;
    (2) Conducting a study or gathering information not covered by 
paragraph (a)(1) but necessary to prepare an application for new 
license, subsequent license, or nonpower license; or
    (3) Holding a site visit for a resource agency under Sec. 16.8.
    (b)(1) Disputes. Except as specified by paragraph (b)(2), disputes 
regarding the timing and conditions of access for the purposes specified 
in paragraphs (a) (1), (2), or (3) of this section and the need for the 
studies or information specified in paragraph (a)(2) may be referred to 
the Director of the Office of Energy Projects for resolution in the 
manner specified in Sec. 16.8(b)(5) prior to the providing of access.
    (2) Disputes regarding the amount of compensation to be paid the 
existing licensee for access may be referred to the Director of the 
Office of Energy Projects for resolution in the manner specified in 
Sec. 16.8(b)(5) after the access has been provided.