[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: 18CFR5.16]

[Page 154-155]
 
           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. 5.16  Preliminary licensing proposal.

    (a) No later than 150 days prior to the deadline for filing a new or 
subsequent license application, if applicable, the potential applicant 
must file for comment a preliminary licensing proposal.
    (b) The preliminary licensing proposal must:
    (1) Clearly describe, as applicable, the existing and proposed 
project facilities, including project lands and waters;

[[Page 155]]

    (2) Clearly describe, as applicable, the existing and proposed 
project operation and maintenance plan, to include measures for 
protection, mitigation, and enhancement measures with respect to each 
resource affected by the project proposal; and
    (3) Include the potential applicant's draft environmental analysis 
by resource area of the continuing and incremental impacts, if any, of 
its preliminary licensing proposal, including the results of its studies 
conducted under the approved study plan.
    (c) A potential applicant may elect to file a draft license 
application which includes the contents of a license application 
required by Sec. 5.18 instead of the Preliminary Licensing Proposal. A 
potential applicant that elects to file a draft license application must 
include notice of its intent to do so in the updated study report 
required by Sec. 5.15(f).
    (d) A potential applicant that has been designated as the 
Commission's non-Federal representative may include a draft Biological 
Assessment, draft Essential Fish Habitat Assessment, and draft Historic 
Properties Management Plan with its Preliminary Licensing Proposal or 
draft license application.
    (e) Within 90 days of the date the potential applicant files the 
Preliminary Licensing Proposal or draft license application, 
participants and the Commission staff may file comments on the 
Preliminary Licensing Proposal or draft application, which may include 
recommendations on whether the Commission should prepare an 
Environmental Assessment (with or without a draft Environmental 
Assessment) or an Environmental Impact Statement. Any participant whose 
comments request new information, studies, or other amendments to the 
approved study plan must include a demonstration of extraordinary 
circumstances, pursuant to the requirements of Sec. 5.15(f).
    (f) A waiver of the requirement to file the Preliminary Licensing 
Proposal or draft license application may be requested, based on a 
consensus of the participants in favor of such waiver.