(a) Except as otherwise provided in this part or ordered by the Commission or its authorized representative, the provisions of this part apply to:
(1) Any project licensed under Part I of the Federal Power Act;
(2) Any unlicensed constructed project for which the Commission has determined that an application for license must be filed under Part I of the Act; and
(3) Any project exempted from licensing under Part I of the Federal Power Act, pursuant to subparts J or K of part 4 of this chapter, to the extent that the Commission has conditioned the exemption on compliance with any particular provisions of this part.
(b) The provisions of this part apply to a project that uses a Government dam only with respect to those project works, lands, and waters specifically licensed by the Commission.
Notes of Decisions
Sherr v. South Carolina Elec. & Gas Co., 180 F. Supp. 3d 407 (D.S.C. 2016).
“§ 797 (e); see also 18 C.F.R. § 12.1 . Therefore, in any assessment of the merits of Plaintiffs’ claim for negligence regarding the maintenance and operation of the Lake Murray Dam, the terms of SCE&G’s FERC license, in conjunction with the relevant laws, rules, and regulations…”
Funderburk v. South Carolina Elec. & Gas Co., 179 F. Supp. 3d 569 (D.S.C. 2016).
“§ 797 (e); see also 18 C.F.R. § 12.1 . Therefore, in any assessment of the merits of Plaintiffs’ claim for negligence regarding the maintenance and operation of the Lake Murray Dam, the terms of SCE & G’s FERC license, in conjunction with the relevant laws, rules, and…”
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