[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: 18CFR4.60]

[Page 117-118]
 
           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 G_Application for License for Minor Water Power Projects and 
             Major Water Power Projects 5 Megawatts or Less
 
Sec. 4.60  Applicability and notice to agencies.


    (a) Applicability. The provisions of this subpart apply to any 
application for an initial license or a new license for:
    (1) A minor water power project, as defined in Sec. 4.30(b)(17);
    (2) Any major project--existing dam, as defined in Sec. 
4.30(b)(16), that has a total installed capacity of 5 MW or less; or
    (3) Any major unconstructed project or major modified project, as 
defined in Sec. 4.30 (b) (15) and (14) respectively, that has a total 
installed capacity of 5 MW or less.
    (b) Notice to agencies. The Commission will supply interested 
Federal, state, and local agencies with notice of any application for 
license for a water power project 5 MW or less and request comment on 
the application. Copies of the application will be available for 
inspection at the Commission's Public Reference Room. The applicant 
shall also furnish copies of the filed application to any Federal, 
state, or local agency that so requests.
    (c) Unless an applicant for a license for a minor water power 
project requests in its application that the Commission apply the 
following provisions of Part I of the Federal Power Act when it issues a 
minor license for a

[[Page 118]]

project, the Commission, unless it determines it would not be in the 
public interest to do so, will waive:
    (1) Section 4(b), insofar as it requires a licensee to file a 
statement showing the actual legitimate costs of construction of a 
project;
    (2) Section 4(e), insofar as it relates to approval by the Chief of 
Engineers and the Secretary of the Army of plans affecting navigation;
    (3) Section 6, insofar as it relates to the acceptance and 
expression in the license of terms and conditions of the Federal Power 
Act that are waived in the licensing order;
    (4) Section 10(c), insofar as it relates to a licensee's maintenance 
of depreciation reserves;
    (5) Sections 10(d) and 10(f);
    (6) Section 14, with the exception of the right of the United States 
or any state or municipality to take over, maintain, and operate a 
project through condemnation proceedings; and
    (7) Sections 15, 16, 19, 20 and 22.

[Order 413, 50 FR 11685, Mar. 25, 1985, as amended by Order 513, 54 FR 
23806, June 2, 1989; Order 2002, 68 FR 51120, Aug. 25, 2003]