[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: 18CFR5.15]

[Page 153-154]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 5_INTEGRATED LICENSE APPLICATION PROCESS--Table of Contents
 
Sec. 5.15  Conduct of studies.

    (a) Implementation. The potential applicant must gather information 
and conduct studies as provided for in the approved study plan and 
schedule.
    (b) Progress reports. The potential applicant must prepare and 
provide to the participants the progress reports provided for in Sec. 
5.11(b)(3). Upon request of any participant, the potential applicant 
will provide documentation of study results.
    (c) Initial study report. (1) Pursuant to the Commission-approved 
study plan and schedule provided for in Sec. 5.13 or no later than one 
year after Commission approval of the study plan, whichever comes first, 
the potential applicant must prepare and file with the Commission an 
initial study report describing its overall progress in implementing the 
study plan and schedule and the data collected, including an explanation 
of any variance from the study plan and schedule. The report must also 
include any modifications to ongoing studies or new studies proposed by 
the potential applicant.
    (2) Within 15 days following the filing of the initial study report, 
the potential applicant shall hold a meeting with the participants and 
Commission staff to discuss the study results and the potential 
applicant's and or other participant's proposals, if any, to modify the 
study plan in light of the progress of the study plan and data 
collected.
    (3) Within 15 days following the meeting provided for in paragraph 
(c)(2) of this section, the potential applicant shall file a meeting 
summary, including any modifications to ongoing studies or new studies 
proposed by the potential applicant.

[[Page 154]]

    (4) Any participant or the Commission staff may file a disagreement 
concerning the applicant's meeting summary within 30 days, setting forth 
the basis for the disagreement. This filing must also include any 
modifications to ongoing studies or new studies proposed by the 
Commission staff or other participant.
    (5) Responses to any filings made pursuant to paragraph (c)(4) of 
this section must be filed within 30 days.
    (6) No later than 30 days following the due date for responses 
provided for in paragraph (c)(5) of this section, the Director will 
resolve the disagreement and amend the approved study plan as 
appropriate.
    (7) If no participant or the Commission staff files a disagreement 
concerning the potential applicant's meeting summary and request to 
amend the approved study plan within 30 days, any proposed amendment 
shall be deemed to be approved.
    (d) Criteria for modification of approved study. Any proposal to 
modify an ongoing study pursuant to paragraphs (c)(1)-(4) of this 
section must be accompanied by a showing of good cause why the proposal 
should be approved, and must include, as appropriate to the facts of the 
case, a demonstration that:
    (1) Approved studies were not conducted as provided for in the 
approved study plan; or
    (2) The study was conducted under anomalous environmental conditions 
or that environmental conditions have changed in a material way.
    (e) Criteria for new study. Any proposal for new information 
gathering or studies pursuant to paragraphs (c)(1)-(4) of this section 
must be accompanied by a showing of good cause why the proposal should 
be approved, and must include, as appropriate to the facts of the case, 
a statement explaining:
    (1) Any material changes in the law or regulations applicable to the 
information request;
    (2) Why the goals and objectives of any approved study could not be 
met with the approved study methodology;
    (3) Why the request was not made earlier;
    (4) Significant changes in the project proposal or that significant 
new information material to the study objectives has become available; 
and
    (5) Why the new study request satisfies the study criteria in Sec. 
5.9(b).
    (f) Updated study report. Pursuant to the Commission-approved study 
plan and schedule provided for in Sec. 5.13, or no later than two years 
after Commission approval of the study plan and schedule, whichever 
comes first, the potential applicant shall prepare and file with the 
Commission an updated study report describing its overall progress in 
implementing the study plan and schedule and the data collected, 
including an explanation of any variance from the study plan and 
schedule. The report must also include any modifications to ongoing 
studies or new studies proposed by the potential applicant. The review, 
comment, and disagreement resolution provisions of paragraphs (c)(2)-(7) 
of this section shall apply to the updated study report. Any proposal to 
modify an ongoing study must be accompanied by a showing of good cause 
why the proposal should be approved as set forth in paragraph (d) of 
this section. Any proposal for new information gathering or studies is 
subject to paragraph (e) of this section except that the proponent must 
demonstrate extraordinary circumstances warranting approval. The 
applicant must promptly proceed to complete any remaining undisputed 
information-gathering or studies under its proposed amendments to the 
study plan, if any, and must proceed to complete any information-
gathering or studies that are the subject of a disagreement upon the 
Director's resolution of the disagreement.

[Order 2002, 68 FR 51121, Aug. 25, 2003; 68 FR 61742, Oct. 30, 2003]