[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: 18CFR4.93]

[Page 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. 4.93  Action on exemption applications.

    (a) An application for exemption that does not meet the eligibility 
requirements of Sec. 4.30(b)(28)(v) may be accepted, provided the 
application has been accompanied by a request for waiver under Sec. 
4.92(a)(1) and the waiver request has not been denied. Acceptance of an 
application that has been accompanied by a request for waiver under 
Sec. 4.92(a)(1) does not constitute a ruling on the waiver request, 
unless expressly stated in the acceptance.
    (b) The Commission will circulate a notice of application for 
exemption to interested agencies and Indian tribes at the time the 
applicant is notified that the application is accepted for filing.
    (c) In granting an exemption the Commission may prescribe terms or 
conditions in addition to those set forth in Sec. 4.94, in order to:
    (1) Protect the quality or quantity of the related water supply for 
agricultural, municipal, or industrial consumption;
    (2) Otherwise protect life, health, or property;
    (3) Avoid or mitigate adverse environmental impact; or
    (4) Conserve, develop, or utilize in the public interest the water 
power resources of the region.
    (d) Conversion to license application. (1) If an application for 
exemption under this subpart is denied by the Commission, the applicant 
may convert the exemption application into an application for license 
for the hydroelectric project.
    (2) The applicant must provide the Commission with written 
notification, within 30 days after the date of issuance of the order 
denying exemption, that it intends to convert the exemption application 
into a license application. The applicant must submit to the Commission, 
no later than 90 days after the date of issuance of the order denying 
exemption, additional information that is necessary to conform the 
exemption application to the relevant regulations for a license 
application.
    (3) If all the information timely submitted is found sufficient, 
together with the application for exemption, to conform to the relevant 
regulations for a license application, the converted application will be 
considered accepted for filing as of the date that the exemption 
application was accepted for filing.

[Order 76, 45 FR 28090, Apr. 28, 1980, as amended by Order 413, 50 FR 
11687, Mar. 25, 1985; Order 533, 56 FR 23153, May 20, 1991; Order 2002, 
68 FR 51121, Aug. 25, 2003]