[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: 18CFR292.210]

[Page 772-773]
 
           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. 292.210  Petition alleging commitment of substantial monetary 
resources before October 16, 1986.

    (a) An applicant covered by Sec. 292.203(c) whose application for 
license or exemption was filed on or after October 16, 1986, but before 
April 16, 1988, may file a petition for exception from the requirement 
in Sec. 292.208(b)(3) and the moratorium described in Sec. 
292.203(c)(2). The petition must show that prior to October 16, 1986, 
the applicant committed substantial monetary resources (as that term is 
defined in Sec. 292.202(r)) to the development of the project.
    (b) Subject to rebuttal under paragraph (d)(7)(ii) of this section, 
a showing of the commitment of substantial monetary resources will be 
presumed if

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the applicant held a preliminary permit for the project and had 
completed environmental consultations pursuant to Sec. 4.38 of this 
chapter before October 16, 1986.
    (c) Time of filing petition--(1) General rule. Except as provided in 
paragraph (c)(2) of this section, the applicant must:
    (i) File the petition with the application for license or exemption; 
or
    (ii) Submit with the application for license or exemption a request 
for an extension of time, not to exceed 90 days or April 16, 1988, 
whichever occurs first, in which to file the petition.
    (2) Exception. If the application for license or exemption was filed 
on or after October 16, 1986, but before March 23, 1987, the petition 
must have been filed by June 22, 1987.
    (d) Filing requirements. A petition filed under this section must 
include the following information or refer to the pages in the 
application for license or exemption where it can be found:
    (1) A certifcate of service, conforming to the requirements set out 
in Sec. 385.2010(h) of this chapter, certifying that the applicant has 
served the petition on the Federal and State agencies required to be 
consulted by the applicant pursuant to Sec. 4.38 of this chapter;
    (2) Documentation of any issued preliminary permits for the project;
    (3) An itemized statement of the total costs expended on the 
application;
    (4) An itemized schedule of costs the applicant expended, or 
committed to be expended, before October 16, 1986, on the application, 
accompanied by supporting documentation including but not limited to:
    (i) Dated invoices for maps, surveys, supplies, geophysical and 
geotechnical services, engineering services, legal services, document 
reproduction, and other items related to the preparation of the 
application, and
    (ii) Written contracts and other written documentation demonstrating 
a commitment made before October 16, 1986, to expend monetary resources 
on the preparation of the application, together with evidence that those 
monetary resources were actually expended; and
    (5) Correspondence or other documentation to support the items 
listed in paragraphs (d)(3) and (d)(4) of this section to show that the 
expenses presented were directly related to the preparation of the 
application.
    (6) The applicant must include in its total cost statement and in 
its schedule of the costs expended or committed to be expended before 
October 16, 1986, the value of services that were performed by the 
applicant itself instead of contracted out.
    (7)(i) If the applicant held a preliminary permit for the project 
and had completed pre-filing consultation pursuant to Sec. 4.38 of this 
chapter prior to October 16, 1986, the applicant may, instead of 
submitting the information listed in paragraphs (d)(3), (d)(4), and 
(d)(5) of this section, submit a statement identifying the preliminary 
permit by project number.
    (ii) If any interested person objects (pursuant to Sec. 385.211 of 
this chapter) to the presumption in paragraph (b) of this section, the 
applicant must supply the information listed in paragraphs (d)(3), 
(d)(4), and (d)(5) of this section.
    (8) If the application is deficient pursuant to Sec. 4.32(e) of 
this chapter, the applicant must include with the information correcting 
those deficiencies a statement of the costs expended to make the 
corrections.
    (e) Processing of petition. (1) The Commission will issue a notice 
of the peition filed under this section and publish the notice in the 
Federal Register. The petition will be available for inspection and 
copying during regular business hours in the Public Reference Room 
maintained by the Division of Public Information.
    (2) Comments on the petition. The Commission will provide the public 
45 days from the date the notice of the petition is issued to submit 
comments. The applicant for license or exemption has 15 days after the 
expiration of the public comment period to respond to the comments filed 
with the Commission.
    (3) Commission action on petition. The Director of the Office of 
Hydropower Licensing will determine whether or not the applicant for 
license or exemption has made the showing required under this section.

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

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