[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: 18CFR4.36]

[Page 90-91]
 
           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 D_Application for Preliminary Permit, License or Exemption: 
                           General Provisions
 
Sec. 4.36  Competing applications: deadlines for filing; notices of intent; 
comparisons of plans of development.

    The public notice of an initial preliminary permit application or an 
initial development application shall prescribe the deadline for filing 
protests and motions to intervene in that proceeding (the prescribed 
intervention deadline).
    (a) Deadlines for filing applications in competition with an initial 
preliminary permit application. (1) Any preliminary permit application 
or any development application not filed pursuant to a notice of intent 
must be submitted for filing in competition with an initial preliminary 
permit application not later than the prescribed intervention deadline.
    (2) Any preliminary permit application filed pursuant to a notice of 
intent must be submitted for filing in competition with an initial 
preliminary permit application not later than 30 days after the 
prescribed intervention deadline.
    (3) Any development application filed pursuant to a notice of intent 
must be submitted for filing in competition with an initial preliminary 
permit application not later than 120 days after the prescribed 
intervention deadline.
    (b) Deadlines for filing applications in competition with an initial 
development application. (1) Any development application not filed 
pursuant to a notice of intent must be submitted for filing in 
competition with an initial development application not later than the 
prescribed intervention deadline.
    (2) Any development application filed pursuant to a notice of intent 
must be submitted for filing in competition with an initial development 
application not later than 120 days after the prescribed intervention 
deadline.
    (3) If the Commission has accepted an application for exemption of a 
project from licensing and the application has not yet been granted or 
denied, the applicant for exemption may submit a license application for 
the project if it is a qualified license applicant. The pending 
application for exemption from licensing will be considered withdrawn as 
of the date the Commission accepts the license application for filing. 
If a license application is accepted for filing under this provision, 
any qualified license applicant may submit a competing license 
application not later than the prescribed intervention deadline set for 
the license application.
    (4) Any preliminary permit application must be submitted for filing 
in competition with an initial development application not later than 
the deadlines prescribed in paragraphs (a)(1) and (a)(2) for the 
submission of preliminary permit applications filed in competition with 
an initial preliminary permit application.
    (c) Notices of intent. (1) Any notice of intent to file an 
application in competition with an initial preliminary permit or an 
initial development application must be submitted for filing not later 
than the prescribed intervention deadline for the initial application.
    (2) A notice of intent must include:
    (i) The exact name, business address, and telephone number of the 
prospective applicant; and
    (ii) An unequivocal statement of intent to submit a preliminary 
permit application or a development application (specify which type of 
application).

[[Page 91]]

    (d) Requirements for competing applications. (1) Any competing 
application must:
    (i) Conform to all requirements for filing an initial application; 
and
    (ii) Include proof of service of a copy of the competing application 
on the person(s) designated in the public notice of the initial 
application for service of pleadings, documents, or communications 
concerning the initial application.
    (2) Comparisons of plans of development. (i) After the deadline for 
filing applications in competition against an initial development 
application has expired, the Commission will notify each license and 
exemption applicant of the identity of the other applicants.
    (ii) Not later than 14 days after the Commission serves the 
notification described in paragraph (d)(2)(i) of this section, if a 
license or exemption applicant has not already done so, it must serve a 
copy of its application on each of the other license and exemption 
applicants.
    (iii) Not later than 60 days after the Commission serves the 
notification described in paragraph (d)(2)(i) of this section, each 
license and exemption applicant must file with the Commission a detailed 
and complete statement of how its plans are as well or better adapted 
than are the plans of each of the other license and exemption applicants 
to develop, conserve, and utilize in the public interest the water 
resources of the region. These statements should be supported by any 
technical analyses that the applicant deems appropriate to support its 
proposed plans of development.

[Order 413, 50 FR 11680, Mar. 25, 1985; 50 FR 23947, June 7, 1985]