[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: 18CFR4.40]

[Page 100-101]
 
           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 E_Application for License for Major Unconstructed Project and 
                         Major Modified Project
 
Sec. 4.40  Applicability.


    (a) Applicability. The provisions of this subpart apply to any 
application for an initial license for a major unconstructed project 
that would have a total installed capacity of more than 5 megawatts, and 
any application for an initial or new license for a major modified 
project with a total installed capacity more than 5 megawatts. An 
applicant for license for any major unconstructed or major modified 
water power project that would have a total installed generating 
capacity of 5 megawatts or less must submit application under subpart G 
(Sec. Sec. 4.60 and 4.61).
    (b) Guidance from Commission staff. A prospective applicant for a 
license for a major unconstructed project or major modified project may 
seek advice from the Commission's Office of Energy Projects regarding 
the applicability of this subpart to its project [see Sec. 4.32(h)], 
including the determinations whether any proposed repair, modification 
or reconstruction of an existing dam would result in a significant 
change in the normal maximum surface elevation of an existing 
impoundment, or whether any proposed change in existing

[[Page 101]]

project works or operation would result in a significant environmental 
impact.

[Order 184, 46 FR 55936, Nov. 13, 1981, as amended by Order 413, 50 FR 
11683, Mar. 25, 1985; Order 499, 53 FR 27002, July 18, 1988; Order 2002, 
68 FR 51119, Aug. 25, 2003]