[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: 18CFR5.23]

[Page 165-166]
 
           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. 5.23  Response to notice.

    (a) Comments and reply comments. Comments, protests, interventions, 
recommendations, and preliminary terms and conditions or preliminary 
fishway prescriptions must be filed no later than 60 days after the 
notice of acceptance and ready for environmental analysis. All reply 
comments must be filed within 105 days of that notice.
    (b) Water quality certification. (1) With regard to certification 
requirements for a license applicant under Section 401(a)(1) of the 
Federal Water Pollution Control Act (Clean Water Act), the license 
applicant must file no later than 60 days following the date of issuance 
of the notice of acceptance and ready for environmental analysis provide 
for in Sec. 5.22:
    (i) A copy of the water quality certification;
    (ii) A copy of the request for certification, including proof of the 
date on which the certifying agency received the request; or
    (iii) Evidence of waiver of water quality certification as described 
in paragraph (b)(5)(2) of this Section.

[[Page 166]]

    (2) A certifying agency is deemed to have waived the certification 
requirements of section 401(a)(1) of the Clean Water Act if the 
certifying agency has not denied or granted certification by one year 
after the date the certifying agency received a written request for 
certification. If a certifying agency denies certification, the 
applicant must file a copy of the denial within 30 days after the 
applicant received it.
    (3) Notwithstanding any other provision in 18 CFR part 4, subpart B, 
any application to amend an existing license, and any application to 
amend a pending application for a license, requires a new request for 
water quality certification pursuant to Sec. 4.34(b)(5) of this chapter 
if the amendment would have a material adverse impact on the water 
quality in the discharge from the project or proposed project.