[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: 18CFR5.17]

[Page 155-156]
 
           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. 5.17  Filing of application.

    (a) Deadline--new or subsequent license application. An application 
for a new or subsequent license must be filed no later than 24 months 
before the existing license expires.
    (b) Subsequent licenses. An applicant for a subsequent license must 
file its application under part I of the Federal Power Act. The 
provisions of section 7(a) of the Federal Power Act do not apply to 
licensing proceedings involving a subsequent license.
    (c) Rejection or dismissal of application. If the Commission rejects 
or dismisses an application for a new or subsequent license filed under 
this part pursuant to the provisions of Sec. 5.20, the application may 
not be refiled after the new or subsequent license application filing 
deadline specified in paragraph (a) of this section.
    (d)(1) Filing and service. Each applicant for a license under this 
part must submit the application to the Commission's Secretary for 
filing pursuant to the requirements of subpart T of part 385 of this 
chapter. The applicant must serve one copy of the application on the 
Director of the Commission's Regional Office for the appropriate region 
and on each resource agency, Indian tribe, or member of the public 
consulted pursuant to this part.
    (2) An applicant must publish notice twice of the filing of its 
application, no later than 14 days after the filing date in a daily or 
weekly newspaper of general circulation in each county in which the 
project is located. The notice must disclose the filing date of the 
application and briefly summarize it, including the applicant's name and 
address, the type of facility applied for, its proposed location, and 
the places where the information specified in Sec. 5.2(b) is available 
for inspection and reproduction. The applicant must promptly provide the 
Commission with proof of the publication of this notice.
    (e) PURPA benefits. (1) Every application for a license for a 
project with a capacity of 80 megawatts or less must include in its 
application copies of the statements made under Sec. 4.38(b)(1)(vi).
    (2) If an applicant reverses a statement of intent not to seek PURPA 
benefits:
    (i) Prior to the Commission issuing a license, the reversal of 
intent will be

[[Page 156]]

treated as an amendment of the application under Sec. 4.35 of this 
chapter and the applicant must:
    (A) Repeat the pre-filing consultation process under this part; and
    (B) Satisfy all the requirements in Sec. 292.208 of this chapter; 
or
    (ii) After the Commission issues a license for the project, the 
applicant is prohibited from obtaining PURPA benefits.
    (f) Limitations on submitting applications. The provisions of 
Sec. Sec. 4.33(b), (c), and (e) of this chapter apply to license 
applications filed under this Section.
    (g) Applicant notice. An applicant for a subsequent license that 
proposes to expand an existing project to encompass additional lands 
must include in its application a statement that the applicant has 
notified, by certified mail, property owners on the additional lands to 
be encompassed by the project and governmental agencies and subdivisions 
likely to be interested in or affected by the proposed expansion.