[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: 18CFR5.9]

[Page 150-151]
 
           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. 5.9  Comments and information or study requests.

    (a) Comments and study requests. Comments on the pre-application 
document and the Commission staff's Scoping Document 1 must be filed 
with the Commission within 60 days following the Commission's notice of 
consultation procedures issued pursuant to Sec. 5.8. Comments, 
including those by Commission staff, must be accompanied by any 
information gathering and study requests, and should include information 
and studies needed for consultation under section 7 of the Endangered 
Species Act and water quality certification under Section 401 of the 
Clean Water Act.
    (b) Content of study request. Any information or study request must:
    (1) Describe the goals and objectives of each study proposal and the 
information to be obtained;
    (2) If applicable, explain the relevant resource management goals of 
the agencies or Indian tribes with jurisdiction over the resource to be 
studied;
    (3) If the requester is a not resource agency, explain any relevant 
public interest considerations in regard to the proposed study;
    (4) Describe existing information concerning the subject of the 
study proposal, and the need for additional information;
    (5) Explain any nexus between project operations and effects 
(direct, indirect, and/or cumulative) on the resource to be studied, and 
how the study results would inform the development of license 
requirements;
    (6) Explain how any proposed study methodology (including any 
preferred data collection and analysis techniques, or objectively 
quantified information, and a schedule including appropriate filed 
season(s) and the duration) is consistent with generally accepted 
practice in the scientific community or, as appropriate, considers 
relevant tribal values and knowledge; and
    (7) Describe considerations of level of effort and cost, as 
applicable, and why any proposed alternative studies would not be 
sufficient to meet the stated information needs.
    (c) Applicant seeking PURPA benefits; estimate of fees. If a 
potential applicant has stated that it intends to seek PURPA benefits, 
comments on the pre-application document by a fish and wildlife agency 
must provide the potential applicant with a reasonable estimate of the 
total costs the agency anticipates it will incur in order to set 
mandatory terms and conditions for the proposed project. An agency may 
provide a potential applicant with an

[[Page 151]]

updated estimate as it deems necessary. If any agency believes that its 
most recent estimate will be exceeded by more than 25 percent, it must 
supply the potential applicant with a new estimate and submit a copy to 
the Commission.

[Order 2002, 68 FR 51121, Aug. 25, 2003; 68 FR 61742, Oct. 30, 2003; 68 
FR 69957, Dec. 16, 2003]