[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: 18CFR16.9]

[Page 216-217]
 
           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. 16.9  Applications for new licenses and nonpower licenses for 
projects subject to sections 14 and 15 of the Federal Power Act.

    (a) Applicability. This section applies to an applicant for a new 
license or nonpower license for a project subject to sections 14 and 15 
of the Federal Power Act.
    (b) Filing requirement. (1) An applicant for a license under this 
section must file its application at least 24 months before the existing 
license expires.
    (2) An application for a license under this section must meet the 
requirements of Sec. 4.32 (except that the Director of the Office of 
Energy Projects may provide more than 90 days in which to correct 
deficiencies in applications) and, as appropriate, Sec. Sec. 4.41, 
4.51, or 4.61 of this chapter.
    (3) The requirements of Sec. 4.35 of this chapter do not apply to 
an application under this section, except that the Commission will 
reissue a public notice of the application in accordance with the 
provisions of Sec. 16.9(d)(1) if an amendment described in Sec. 
4.35(f) of this chapter is filed.
    (4) If the Commission rejects or dismisses an application pursuant 
to the provisions of Sec. 4.32 of this chapter, the application may not 
be refiled after the new license application filing deadline specified 
in Sec. 16.9(b)(1).
    (c) Final amendments. All amendments to an application, including 
the final amendment, must be filed with the Commission and served on all 
competing applicants no later than the date specified in the notice 
issued under paragraph (d)(2).
    (d) Commission notice. (1) Upon acceptance of an application for a 
new license or a nonpower license, the Commission will give notice of 
the application and of the dates for comment, intervention, and protests 
by:
    (i) Publishing notice in the Federal Register;
    (ii) Publishing notice once every week for four weeks 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; 
and
    (iii) Notifying appropriate Federal, state, and interstate resource 
agencies, Indian tribes, and non-governmental organizations.
    (2) Within 60 days after the new license application filing 
deadline, the Commission will issue a notice on the processing deadlines 
established under Sec. 4.32 of this chapter, estimated dates for 
further processing deadlines under Sec. 4.32 of this chapter, deadlines 
for complying with the provisions of Sec. 4.36(d)(2) (ii) and (iii) of 
this chapter in cases where competing applications are filed, and the 
date for final amendments and will:
    (i) Publish the notice in the Federal Register;
    (ii) Provide the notice to appropriate Federal, state, and 
interstate resource agencies and Indian tribes; and
    (iii) Serve the notice on all parties to the proceedings pursuant to 
Sec. 385.2010 of this chapter.
    (3) Where two or more mutually exclusive competing applications have 
been filed for the same project, the final amendment date and deadlines 
for complying with the provisions of Sec. 4.36(d)(2) (ii) and (iii) of 
this chapter

[[Page 217]]

established pursuant to the notice issued under paragraph (d)(2) of this 
section will be the same for all such applications.
    (4) The provisions of Sec. 4.36(d)(2)(i) of this chapter will not 
be applicable to applications filed pursuant to this section.

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