[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: 18CFR4.94]

[Page 127-128]
 
           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. 4.94  Standard terms and conditions of exemption.

    Any exemption granted under Sec. 4.93 for a small conduit 
hydroelectric facility is subject to the following standard terms and 
conditions:
    (a) Article 1. The Commission reserves the right to conduct 
investigations under sections 4(g), 306, 307, and 311 of the Federal 
Power Act with respect to any acts, complaints, facts, conditions, 
practices, or other matters related to the construction, operation, or 
maintenance of the exempt facility. If any term or condition of the 
exemption is violated, the Commission may revoke the exemption, issue a 
suitable order under section 4(g) of the Federal Power Act, or take 
appropriate action for enforcement, forfeiture, or penalties under Part 
III of the Federal Power Act.
    (b) Article 2. The construction, operation, and maintenance of the 
exempt project must comply with any terms and conditions that the United 
States Fish and Wildlife Service, the National Marine Fisheries Service, 
and any state fish and wildlife agencies have determined are appropriate 
to prevent loss of, or damage to, fish or wildlife resources or 
otherwise to carry out the

[[Page 128]]

purposes of the Fish and Wildlife Coordination Act, as specified in 
exhibit E of the application for exemption from licensing or in the 
comments submitted in response to the notice of exemption application.
    (c) Article 3. The Commission may revoke this exemption if actual 
construction of any proposed generating facilities has not begun within 
two years or has not been completed within four years from the effective 
date of this exemption. If an exemption is revoked under this article, 
the Commission will not accept from the prior exemption holder a 
subsequent application for exemption from licensing or a notice of 
exemption from licensing for the same project within two years of the 
revocation.
    (d) Article 4. In order to best develop, conserve, and utilize in 
the public interest the water resources of the region, the Commission 
may require that the exempt facilities be modified in structure or 
operation or may revoke this exemption.
    (e) Article 5. The Commission may revoke this exemption if, in the 
application process, material discrepancies, inaccuracies, or falsehoods 
were made by or on behalf of the applicant.
    (f) Article 6. Before transferring any property interests in the 
exempt project, the exemption holder must inform the transferee of the 
terms and conditions of the exemption. Within 30 days of transferring 
the property interests, the exemption holder must inform the Commission 
of the identity and address of the transferee.

[Order 76, 45 FR 28090, Apr. 28, 1980, as amended by Order 413, 50 FR 
11687, Mar. 25, 1985; Order 413-A, 56 FR 31331, July 10, 1991]