[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: 18CFR292.209]

[Page 772]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 292_REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY 
 
 Subpart B_Qualifying Cogeneration and Small Power Production Facilities
 
Sec. 292.209  Exceptions from requirements for hydroelectric small 
power production facilities located at a new dam or diversion.

    (a) The requirements in Sec. Sec. 292.208(b)(1) through (3) do not 
apply if:
    (1) An application for license or exemption is filed for a project 
located at a Government dam, as defined in section 3(10) of the Federal 
Power Act, at which non-Federal hydroelectric development is 
permissible; or
    (2) An application for license or exemption was filed and accepted 
before October 16, 1986.
    (b) The requirements in Sec. Sec. 292.208(b) (1) and (3) do not 
apply if an application for license or exemption was filed before 
October 16, 1986, and is accepted for filing by the Commission before 
October 16, 1989.
    (c) The requirements in Sec. 292.208(b)(3) do not apply to an 
applicant for license or exemption if:
    (1) The applicant files a petition pursuant to Sec. 292.210; and
    (2) The Commission grants the petition.
    (d) Any application covered by paragraph (a), (b), or (c) of this 
section is excepted from the moratorium imposed by section 8(e) of the 
Electric Consumers Protection Act of 1986, Pub. L. No. 99-495.

[Order 499, 53 FR 27003, July 18, 1988]