[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: 18CFR270.502]

[Page 717-719]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 270_DETERMINATION PROCEDURES--Table of Contents
 
   Subpart E_Commission Review of Jurisdictional Agency Determinations
 
Sec. 270.502  Commission review of final determinations.

    (a) Review by Commission. Except as provided in paragraphs (b), (c) 
and (d) of this section, a determination submitted to the Commission by 
a jurisdictional agency will become final 45 days after the date on 
which the Commission received notice of the determination, unless within 
the 45 day period, the Commission:
    (1) Makes a preliminary finding that:
    (i) The determination is not supported by substantial evidence in 
the record on which the determination was made; or

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    (ii) The determination is not consistent with information which is 
contained in the public records of the Commission and which was not part 
of the record on which the jurisdictional agency made the determination, 
and
    (2) Issues written notice of such preliminary finding, including the 
reasons therefor. Copies of the written notice will be sent to the 
jurisdictional agency that made the determination, to the persons 
identified in the notice under Sec. 270.204 of such determination, and 
to any persons who have filed a protest.
    (b) Incomplete notice. Notwithstanding the provisions of paragraph 
(a) of this section, the 45-day period for Commission review of a 
determination will not begin if:
    (1) The notice forwarded to the Commission pursuant to Sec. 270.204 
does not contain all the material specified therein; and
    (2) The Commission notifies the jurisdictional agency, within 45 
days after the date on which the Commission receives notice of the 
determination, that the notice is incomplete.
    (c) Withdrawal of notice. (1) The jurisdictional agency may withdraw 
a notice of determination by giving notice as specified in paragraph 
(c)(2) of this section at any time prior to the issuance of a final 
order with respect to such determination under paragraphs (g)(1) and 
(g)(2) of this section, or at any time prior to the date such 
determination becomes final under paragraph (a) or (g)(4) of this 
section. Such notice must include the jurisdictional agency's reasons 
for the withdrawal.
    (2) Withdrawal of a notice of determination will take effect at such 
time as the jurisdictional agency has notified the Commission, and the 
parties to the proceeding before the agency, of such withdrawal.
    (3) Withdrawal of a notice of determination shall nullify such 
notice of determination.
    (d) Withdrawal of application. (1) An applicant may withdraw an 
application for a determination which is before the Commission by giving 
notice as specified in paragraph (d)(2) of this section at any time 
prior to the issuance of a final order with respect to such 
determination under paragraphs (g)(1) and (g)(2) of this section, or at 
any time prior to the date such determination becomes final under 
paragraph (a) or (g)(4) of this section.
    (2) Withdrawal of an application will take effect at such time as 
the applicant has notified the Commission and the jurisdictional agency.
    (3) Withdrawal of an application will nullify such application and 
the notice of determination on such application.
    (e) Public notice. The Commission will publish notice of the 
preliminary finding in the Federal Register and will post the notice in 
its Public Reference Room. The notice will set forth the reasons for the 
preliminary finding.
    (f) Procedures following notice of preliminary finding. Any state or 
federal agency or any person may submit, within 30 days after issuance 
of the preliminary finding, written comments, and request an informal 
conference with the Commission staff. Any jurisdictional agency, any 
state agency and any person receiving notice under paragraph (a)(2) of 
this section may request an informal conference with the Commission 
staff. All timely requests for conferences will be granted. Notice of, 
and permission to attend, such conferences will be given to persons 
identified in paragraph (a)(2) of this section and to state or federal 
agencies or persons who submitted comments under this paragraph.
    (g) Final orders. (1) In any case in which a protest was filed with 
the Commission and a preliminary finding was issued, the Commission will 
issue a final order within 120 days after issuance of the preliminary 
finding.
    (2) In any case in which no protest was filed with the Commission 
and a preliminary finding was issued, the Commission may issue a final 
order within 120 days after issuance of the preliminary finding.
    (3) A final order issued under paragraph (g)(1) or (g)(2) of this 
section will either affirm, reverse, or remand the determination of the 
jurisdictional agency. Such order will state the specific basis for the 
Commission's action. Notice of the issuance of such order will be given 
to the jurisdictional agency, to participants in the proceeding before 
the jurisdictional agency, and to participants in the proceeding before

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the Commission under paragraph (d) of this section and under Sec. 
270.503.
    (4) In the event that the Commission fails to issue a final order 
within 120 days after issuance of the preliminary finding, the 
determination of the jurisdictional agency shall become final.