[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: 18CFR4.92]

[Page 125-127]
 
           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 J_Exemption of Small Conduit Hydroelectric Facilities
 
Sec. 4.92  Contents of exemption application.

    (a) An application for exemption for this subpart must include:
    (1) An introductory statement, including a declaration that the 
facility for which application is made meets the requirements of Sec. 
4.30(b)(28), the facility qualifies but for the discharge requirement of 
Sec. 4.30(b)(28)(v), the introductory statement must identify that fact 
and state that the application is accompanied by a petition for waiver 
of Sec. 4.30(b)(28)(v), filed pursuant to Sec. 385.207 of this 
chapter);
    (2) Exhibits A, E, F, and G.
    (3) An appendix containing documentary evidence showing that the 
applicant has the real property interests required under Sec. 4.31(b); 
and
    (4) Identification of all Indian tribes that may be affected by the 
project.
    (b) Introductory Statement. The introductory statement must be set 
forth in the following format:

             Before the Federal Energy Regulatory Commission

   Application for Exemption for Small Conduit Hydroelectric Facility

    [Name of applicant] applies to the Federal Energy Regulatory 
Commission for an exemption for the [name of facility], a small conduit 
hydroelectric facility that meets the requirements of [insert the 
following language, as appropriate: ``Sec. 4.30(b)(28) of this 
subpart'' or ``Sec. 4.30(b)(28) of this subpart, except paragraph 
(b)(26)(v)''], from certain provisions of Part I of the Federal Power 
Act.

The location of the facility is:
State or Territory:_____________________________________________________

County:_________________________________________________________________

Township or nearby town:________________________________________________

The exact name and business address of each applicant is:

________________________________________________________________________

The exact name and business address of each person authorized to act as 
agent for the applicant in this application is:

________________________________________________________________________

    [Name of applicant] is [a citizen of the United States, an 
association of citizens of the United States, a municipality, State, or 
a corporation incorporated under the laws of (specify the United States 
or the state of incorporation, as appropriate), as appropriate].
    The provisions of Part I of the Federal Power Act for which 
exemption is requested are:
    [List here all sections or subsections for which exemption is 
requested.]
    [If the facility does not meet the requirement of Sec. 
4.30(b)(28)(v), add the following sentence: ``This application is 
accompanied by a petition for waiver of Sec. 4.30(b)(28)(v), submitted 
pursuant to 18 CFR 385.207.'']

    (c) Exhibit A. Exhibit A must describe the small conduit 
hydroelectric facility and proposed mode of operation with appropriate 
references to Exhibits

[[Page 126]]

F and G. To the extent feasible the information in this exhibit may be 
submitted in tabular form. The following information must be included:
    (1) A brief description of any conduits and associated consumptive 
water supply facilities, intake facilities, powerhouses, and any other 
structures associated with the facility.
    (2) The proximate natural sources of water that supply the related 
conduit.
    (3) The purposes for which the conduit is used.
    (4) The number of generating units, including auxiliary units, the 
capacity of each unit, and provisions, if any, for future units.
    (5) The type of each hydraulic turbine.
    (6) A description of how the plant is to be operated, manually or 
automatically, and whether the plant is to be used for peaking.
    (7) Estimations of:
    (i) The average annual generation in kilowatt hours;
    (ii) The average head of the plant;
    (iii) The hydraulic capacity of the plant (flow through the plant) 
in cubic feet per second;
    (iv) The average flow of the conduit at the plant or point of 
diversion (using best available data and explaining the sources of the 
data and the method of calculation); and
    (v) The average amount of the flow described in paragraph (c)(7)(iv) 
of this section available for power generation.
    (8) The planned date for beginning construction of the facility.
    (9) If the hydroelectric facility discharges directly into a natural 
body of water and a petition for waiver of Sec. 4.30(b)(28)(v) has not 
been submitted, evidence that a quantity of water equal to or greater 
than the quantity discharged from the hydroelectric facility is 
withdrawn from that water body downstream into a conduit that is part of 
the same water supply system as the conduit on which the hydroelectric 
facility is located.
    (10) If the hydroelectric facility discharges directly to a point of 
agricultural, municipal, or industrial consumption, a description of the 
nature and location of that point of consumption.
    (11) A description of the nature and extent of any construction of a 
dam that would occur in association with construction of the proposed 
small conduit hydroelectric facility, including a statement of the 
normal maximum surface area and normal maximum surface elevation of any 
existing impoundment before and after that construction; and any 
evidence that the construction would occur for agricultural, municipal, 
or industrial consumptive purposes even if hydroelectric generating 
facilities were not installed.
    (d) Exhibit G. Exhibit G is a map of the project and boundary and 
must conform to the specifications of Sec. 4.41(h) of this chapter.
    (e) Exhibit E. This exhibit is an Environmental Report. It must be 
prepared pursuant to Sec. 4.38 and must include the following 
information, commensurate with the scope and environmental impact of the 
facility's construction and operation:
    (1) A description of the environmental setting in the vicinity of 
the facility, including vegetative cover, fish and wildlife resources, 
water quality and quantity, land and water uses, recreational use, 
socio-economic conditions, historical and archeological resources, and 
visual resources. The report must give special attention to endangered 
or threatened plant and animal species, critical habitats, and sites 
eligible for or included on the National Register of Historic Places. 
The applicant may obtain assistance in the preparation of this 
information from State natural resources agencies, the State historic 
preservation officer, and from local offices of Federal natural 
resources agencies.
    (2) A description of the expected environmental impacts resulting 
from the continued operation of an existing small conduit hydroelectric 
facility, or from the construction and operation of a proposed small 
conduit hydroelectric facility, including a discussion of the specific 
measures proposed by the applicant and others to protect and enhance 
environmental resources and to mitigate adverse impacts of the facility 
on them.

[[Page 127]]

    (3) A description of alternative means of obtaining an amount of 
power equivalent to that provided by the proposed or existing facility.
    (4) Any additional information the applicant considers important.
    (f) Exhibit F. Exhibit F is a set of drawings showing the structures 
and equipment of the small conduit hydroelectric facility and must 
conform to the specifications of Sec. 4.41(g) of this chapter.

[Order 76, 45 FR 28090, Apr. 28, 1980, as amended by Order 413, 50 FR 
11686, Mar. 25, 1985; Order 533, 56 FR 23153, May 20, 1991; Order 2002, 
68 FR 51121, Aug. 25, 2003]