[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: 18CFR5.20]

[Page 164-165]
 
           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. 5.20  Deficient applications.

    (a) Deficient applications. (1) If an applicant believes that its 
application conforms adequately to the pre-filing consultation and 
filing requirements of this part without containing certain required 
materials or information, it must explain in detail why the material or 
information is not being submitted and what steps were taken by the 
applicant to provide the material or information.
    (2) Within 30 days of the filing date of any application for a 
license under this part, the Director of the Office of Energy Projects 
will notify the applicant if, in the Director's judgment, the 
application does not conform to the prefiling consultation and filing 
requirements of this part, and is therefore considered deficient. An 
applicant having a deficient application will be afforded additional 
time to correct the deficiencies, not to exceed 90 days from the date of 
notification. Notification will be by letter or, in the case of minor 
deficiencies, by telephone. Any notification will specify the 
deficiencies to be corrected. Deficiencies must be corrected by 
submitting an a filing pursuant to the requirements of subpart T of part 
385 of this chapter within the time specified in the notification of 
deficiency.
    (3) If the revised application is found not to conform to the 
prefiling consultation and filing requirements of this part, or if the 
revisions are not timely submitted, the revised application will be 
rejected. Procedures for rejected applications are specified in 
paragraph (b)(3) of this section.
    (b) Patently deficient applications. (1) If, within 30 days of its 
filing date, the Director of the Office of Energy Projects determines 
that an application patently fails to substantially comply with the 
prefiling consultation and filing requirements of this part, or is for a 
project that is precluded by law, the application will be rejected as 
patently deficient with the specification of the deficiencies that 
render the application patently deficient.
    (2) If, after 30 days following its filing date, the Director of the 
Office of Energy Projects determines that an application patently fails 
to comply with the prefiling consultation and filing requirements of 
this part, or is for a project that is precluded by law:
    (i) The application will be rejected by order of the Commission, if 
the Commission determines that it is patently deficient; or
    (ii) The application will be considered deficient under paragraph 
(a)(2) of this Section, if the Commission determines that it is not 
patently deficient.
    (3) Any application for an original license that is rejected may be 
submitted if the deficiencies are corrected and if, in the case of a 
competing application, the resubmittal is timely. The date the rejected 
application is resubmitted will be considered the new filing date for 
purposes of determining its timeliness under Sec. 4.36 of this chapter

[[Page 165]]

and the disposition of competing applications under Sec. 4.37 of this 
chapter.

[Order 2002, 68 FR 51121, Aug. 25, 2003; 68 FR 61743, Oct. 30, 2003]