[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: 18CFR4.103]

[Page 129-130]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 4_LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT 
COSTS--Table of Contents
 
Subpart K_Exemption of Small Hydroelectric Power Projects of 5 Megawatts 
                                 or Less
 
Sec. 4.103  General provisions for case-specific exemption.

    (a) Exemptible projects. Subject to the provisions in paragraph (b) 
of this section, Sec. 4.31(c), and Sec. Sec. 4.105 and 4.106, the 
Commission may exempt on a case-specific basis any small hydroelectric 
power project from all or part of Part I of the Act, including licensing 
requirements. Any applications for exemption for a project shall conform 
to the requirements of Sec. Sec. 4.107 or 4.108, as applicable.
    (b) Limitation for licensed water power project. The Commission will 
not accept for filing an application for exemption from licensing for 
any project that is only part of a licensed water power project.

[[Page 130]]

    (c) Waiver. In applying for case-specific exemption from licensing, 
a qualified exemption applicant may petition under Sec. 385.207 of this 
chapter for waiver of any specific provision of Sec. Sec. 4.102 through 
4.107. The Commission will grant a waiver only if consistent with 
section 408 of the Energy Security Act of 1980.

[Order 413, 50 FR 11688, Mar. 25, 1985, as amended by Order 503, 53 FR 
36568, Sept. 21, 1988]