[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: 18CFR5.2]

[Page 139-140]
 
           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. 5.2  Document availability.

    (a) Pre-application document. (1) From the date a potential license 
applicant files a notification of intent to seek a license pursuant to 
Sec. 5.5 until any related license application proceeding is terminated 
by the Commission, the potential license applicant must make reasonably 
available to the public for inspection at its principal place of 
business or another location that is more accessible to the public, the 
pre-application document and any materials referenced therein. These 
materials must be available for inspection during regular business hours 
in a form that is readily accessible, reviewable, and reproducible.
    (2) The materials specified in paragraph (a)(1) of this section must 
be made available to the requester at the location specified in 
paragraph (a)(1) of this section or through the mail, or otherwise. 
Except as provided in paragraph (a)(3) of this section, copies of the 
pre-application document and any materials referenced therein must be 
made available at their reasonable cost of reproduction plus, if 
applicable, postage.
    (3) A potential licensee must make requested copies of the materials 
specified in paragraph (a)(1) of this section available to the United 
States Fish and Wildlife Service, the National Marine Fisheries Service, 
the state agency responsible for fish and wildlife resources, any 
affected Federal land managing agencies, and Indian tribes

[[Page 140]]

without charge for the costs of reproduction or postage.
    (b) License application. (1) From the date on which a license 
application is filed under this part until the licensing proceeding for 
the project is terminated by the Commission, the license applicant must 
make reasonably available to the public for inspection at its principal 
place of business or another location that is more accessible to the 
public, a copy of the complete application for license, together with 
all exhibits, appendices, and any amendments, pleadings, supplementary 
or additional information, or correspondence filed by the applicant with 
the Commission in connection with the application. These materials must 
be available for inspection during regular business hours in a form that 
is readily accessible, reviewable, and reproducible at the same time as 
the information is filed with the Commission or required by regulation 
to be made available.
    (2) The applicant must provide a copy of the complete application 
(as amended) to a public library or other convenient public office 
located in each county in which the proposed project is located.
    (3) The materials specified in paragraph (b)(1) of this section must 
be made available to the requester at the location specified in 
paragraph (b)(1) of this section or through the mail. Except as provided 
in paragraph (b)(4) of this section, copies of the license application 
and any materials referenced therein must be made available at their 
reasonable cost of reproduction plus, if applicable, postage.
    (4) A licensee applicant must make requested copies of the materials 
specified in paragraph (b)(1) of this section available to the United 
States Fish and Wildlife Service, the National Marine Fisheries Service, 
and the state agency responsible for fish and wildlife resources, any 
affected Federal land managing agencies, and Indian tribes without 
charge for the costs of reproduction or postage.
    (c) Confidentiality of cultural information. A potential applicant 
must delete from any information made available to the public under 
paragraphs (a) and (b) of this section, specific site or property 
locations the disclosure of which would create a risk of harm, theft, or 
destruction of archeological or native American cultural resources or of 
the site at which the sources are located, or would violate any Federal 
law, include the Archeological Resources Protection Act of 1979, 16 
U.S.C. 470w-3, and the National Historic Preservation Act of 1966, 16 
U.S.C. 470hh.
    (d) Access. Anyone may file a petition with the Commission 
requesting access to the information specified in paragraphs (a) or (b) 
of this section if it believes that the potential applicant or applicant 
is not making the information reasonably available for public inspection 
or reproduction. The petition must describe in detail the basis for the 
petitioner's belief.