18 C.F.R. § 12.20

General requirements

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(a) Unless provided with a written exemption pursuant to § 12.21, every applicant or licensee must develop and file with the Regional Engineer an emergency action plan and appendices, verified in accordance with § 12.13.

(b) The emergency action plan must be:

(1) Developed in consultation and cooperation with appropriate Federal, state, and local agencies responsible for public health and safety; and

(2) Designed to provide early warning to upstream and downstream inhabitants, property owners, operators of water-related facilities, recreational users, and other persons in the vicinity who might be affected by a project emergency as defined in § 12.3(b)(9).

[Order 122, 46 FR 9036, Jan. 28, 1981, as amended at 87 FR 1515, Jan. 11, 2022]

Notes of Decisions

Cited in 2 cases, 1991–1996 · leading case: Util. L. Rep. P 14,084 Bluestone Energy Design, Inc. v. Fed. Energy Regulatory Comm'n, 74 F.3d 1288 (D.C. Cir. 1996).

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Util. L. Rep. P 14,084 Bluestone Energy Design, Inc. v. Fed. Energy Regulatory Comm'n, 74 F.3d 1288 (D.C. Cir. 1996). “18 C.F.R. § 12.20 (a), (b)(2) (1995). Project operators must update their EAPs at least once a year.”

Engle v. West Penn Power Co., 598 A.2d 290 (Pa. Super. Ct. 1991). “Between November 3 and 6, 1985, heavy rainfall caused extensive flooding of the Monongahela.”

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