[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: 18CFR5.3]

[Page 140-141]
 
           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. 5.3  Process selection.

    (a)(1) Notwithstanding any other provision of this part or of parts 
4 and 16 of this chapter, a potential applicant for a new, subsequent, 
or original license may until July 23, 2005 elect to use the licensing 
procedures of this part or the licensing procedures of parts 4 and 16.
    (2) Any potential license applicant that files its notification of 
intent pursuant to Sec. 5.5 and pre-application document pursuant to 
Sec. 5.6 after July 23, 2005 must request authorization to use the 
licensing procedures of parts 4 and 16, as provided for in paragraphs 
(b)-(f) of this section.
    (b) A potential license applicant may file with the Commission a 
request to use the traditional licensing process or alternative 
procedures pursuant to this Section with its notification of intent 
pursuant to Sec. 5.5.
    (c)(1)(i) An application for authorization to use the traditional 
process must include justification for the request and any existing 
written comments on the potential applicant's proposal and a response 
thereto.
    (ii) A potential applicant requesting authorization to use the 
traditional process should address the following considerations:
    (A) Likelihood of timely license issuance;
    (B) Complexity of the resource issues;
    (C) Level of anticipated controversy;

[[Page 141]]

    (D) Relative cost of the traditional process compared to the 
integrated process;
    (E) The amount of available information and potential for 
significant disputes over studies; and
    (F) Other factors believed by the applicant to be pertinent
    (2) A potential applicant requesting the use of Sec. 4.34(i) 
alternative procedures of this chapter must:
    (i) Demonstrate that a reasonable effort has been made to contact 
all agencies, Indian tribes, and others affected by the applicant's 
request, and that a consensus exists that the use of alternative 
procedures is appropriate under the circumstances;
    (ii) Submit a communications protocol, supported by interested 
entities, governing how the applicant and other participants in the pre-
filing consultation process, including the Commission staff, may 
communicate with each other regarding the merits of the potential 
applicant's proposal and proposals and recommendations of interested 
entities; and
    (iii) Provide a copy of the request to all affected resource 
agencies and Indian tribes and to all entities contacted by the 
applicant that have expressed an interest in the alternative pre-filing 
consultation process.
    (d)(1) The potential applicant must provide a copy of the request to 
use the traditional process or alternative procedures to all affected 
resource agencies, Indian tribes, and members of the public likely to be 
interested in the proceeding. The request must state that comments on 
the request to use the traditional process or alternative procedures, as 
applicable, must be filed with the Commission within 30 days of the 
filing date of the request and, if there is no project number, that 
responses must reference the potential applicant's name and address.
    (2) The potential applicant must also publish notice of the filing 
of its notification of intent, of the pre-application document, and of 
any request to use the traditional process or alternative procedures no 
later than the filing date of the notification of intent in a daily or 
weekly newspaper of general circulation in each county in which the 
project is located. The notice must:
    (i) Disclose the filing date of the request to use the traditional 
process or alternative procedures, and the notification of intent and 
pre-application document;
    (ii) Briefly summarize these documents and the basis for the request 
to use the traditional process or alternative procedures;
    (iii) Include the potential applicant's name and address, and 
telephone number, the type of facility proposed to be applied for, its 
proposed location, the places where the pre-application document is 
available for inspection and reproduction;
    (iv) Include a statement that comments on the request to use the 
traditional process or alternative procedures are due to the Commission 
and the potential applicant no later than 30 days following the filing 
date of that document and, if there is no project number, that responses 
must reference the potential applicant's name and address;
    (v) State that comments on any request to use the traditional 
process should address, as appropriate to the circumstances of the 
request, the:
    (A) Likelihood of timely license issuance;
    (B) Complexity of the resource issues;
    (C) Level of anticipated controversy;
    (D) Relative cost of the traditional process compared to the 
integrated process; and
    (E) The amount of available information and potential for 
significant disputes over studies; and
    (F) Other factors believed by the commenter to be pertinent; and
    (vi) State that respondents must submit an electronic filing 
pursuant to Sec. 385.2003(c) or an original and eight copies of their 
comments to the Office of the Secretary, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426.
    (e) Requests to use the traditional process or alternative 
procedures shall be granted for good cause shown.

[Order 2002, 68 FR 51121, Aug. 25, 2003; 68 FR 61742, Oct. 30, 2003]