[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: 18CFR5.5]

[Page 142-143]
 
           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. 5.5  Notification of intent.

    (a) Notification of intent. A potential applicant for an original, 
new, or subsequent license, must file a notification of its intent to do 
so in the manner provided for in paragraphs (b) and (c) of this section.
    (b) Requirement to notify. In order for a non-licensee to notify the 
Commission that it intends to file an application for an original, new, 
or subsequent license, or for an existing licensee to notify the 
Commission whether or not it intends to file an application for a new or 
subsequent license, a potential license applicant must file with the 
Commission pursuant to the requirements of subpart T of part 385 of this 
chapter an original and eight copies of a letter that contains the 
following information:
    (1) The potential applicant or existing licensee's name and address.
    (2) The project number, if any.
    (3) The license expiration date, if any.
    (4) An unequivocal statement of the potential applicant's intention 
to file an application for an original license, or, in the case of an 
existing licensee, to file or not to file an application for a new or 
subsequent license.
    (5) The type of principal project works licensed, if any, such as 
dam and reservoir, powerhouse, or transmission lines.
    (6) The location of the project by state, county, and stream, and, 
when appropriate, by city or nearby city.
    (7) The installed plant capacity, if any.
    (8) The names and mailing addresses of:
    (i) Every county in which any part of the project is located, and in 
which any Federal facility that is used or to be used by the project is 
located;
    (ii) Every city, town, or similar political subdivision;
    (A) In which any part of the project is or is to be located and any 
Federal facility that is or is to be used by the project is located, or
    (B) That has a population of 5,000 or more people and is located 
within 15 miles of the existing or proposed project dam;

[[Page 143]]

    (iii) Every irrigation district, drainage district, or similar 
special purpose political subdivision:
    (A) In which any part of the project is or is proposed to be located 
and any Federal facility that is or is proposed to be used by the 
project is located; or
    (B) That owns, operates, maintains, or uses any project facility or 
any Federal facility that is or is proposed to be used by the project;
    (iv) Every other political subdivision in the general area of the 
project or proposed project that there is reason to believe would be 
likely to be interested in, or affected by, the notification; and
    (v) Affected Indian tribes.
    (c) Requirement to distribute. Before it files any application for 
an original, new, or subsequent license, a potential license applicant 
proposing to file a license application pursuant to this part or to 
request to file a license application pursuant to part 4 of this chapter 
and, as appropriate, part 16 of this chapter (i.e., the ``traditional 
process''), including an application pursuant to Sec. 4.34(i) 
alternative procedures of this chapter must distribute to appropriate 
Federal, state, and interstate resource agencies, Indian tribes, local 
governments, and members of the public likely to be interested in the 
proceeding the notification of intent provided for in paragraph (a) of 
this section.
    (d) When to notify. An existing licensee or non-licensee potential 
applicant must notify the Commission as required in paragraph (b) of 
this section at least five years, but not more than five and one-half 
years, before the existing license expires.
    (e) Non-Federal representatives. A potential license applicant may 
at the same time it files its notification of intent and distributes its 
pre-application document, request to be designated as the Commission's 
non-Federal representative for purposes of consultation under section 7 
of the Endangered Species Act and the joint agency regulations 
thereunder at 50 CFR part 402, Section 305(b) of the Magnuson-Stevens 
Fishery Conservation and Management Act and the implementing regulations 
at 50 CFR 600.920. A potential license applicant may at the same time 
request authorization to initiate consultation under section 106 of the 
National Historic Preservation Act and the implementing regulations at 
36 CFR 800.2(c)(4).
    (f) Procedural matters. The provisions of subpart F of part 16 of 
this chapter apply to projects to which this part applies.
    (g) Construction of regulations. The provisions of this part and 
parts 4 and 16 shall be construed in a manner that best implements the 
purposes of each part and gives full effect to applicable provisions of 
the Federal Power Act.

[Order 2002, 68 FR 51121, Aug. 25, 2003; 68 FR 69957, Dec. 16, 2003]