C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER B—REGULATIONS UNDER THE FEDERAL POWER ACT › PART 12—SAFETY OF WATER POWER PROJECTS AND PROJECT WORKS › Subpart C—Emergency Action Plans

18 C.F.R. § 12.23

Time for filing emergency action plan

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(a) Unconstructed project. (1) Except as set forth in paragraph (a)(2), the emergency action plan for an unconstructed project must be filed no later than 60 days before the initial filling of the project reservoir begins.

(2) Temporary impoundment during construction. (i) For any unconstructed project, if a temporary impoundment would be created during construction, such as through construction of temporary or permanent cofferdams or large sediment control structures, and an accident to or failure of the impounding structures might endanger construction workers or otherwise endanger public health or safety, a temporary construction emergency action plan must be filed no later than 60 days before construction begins.

(ii) No later than 60 days before the initial filling of a project reservoir begins at a project for which a temporary emergency action plan has been filed the applicant or licensee must file modifications to that plan or a new plan, taking into account the differences in circumstances between the construction and post-construction periods.

(b) Unlicensed constructed project. (1) If the Commission has determined on or before March 1, 1981 that a license is required for an unlicensed constructed project, the emergency action plan for that project must be filed no later than:

(i) Six months after March 1, 1981; or

(ii) Any earlier date specified by the Commission or its authorized representative.

(2) Except as set forth in paragraph (b)(1) of this section, the emergency action plan for an unlicensed constructed project must be filed no later than the earliest of:

(i) Six months after the date that a license application is filed;

(ii) Six months after the date that the Commission issues an order determining that licensing is required; or

(iii) A date specified by the Commission or its authorized representative.

(c) Licensed constructed project. If a licensed constructed project does not have an acceptable emergency action plan on file on March 1, 1981 the emergency action plan must be filed no later than:

(1) Six months after March 1, 1981; or

(2) Any earlier date specified by the Commission or its authorized representative.

(d) For good cause shown, the Regional Engineer may grant an extension of time for filing all or any part of an emergency action plan.

Notes of Decisions
Cited in 2 cases, 1994–1994 · leading case: Fed. Energy Regulatory Comm'n v. MacDonald, 862 F. Supp. 667 (D.N.H. 1994).
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Fed. Energy Regulatory Comm'n v. MacDonald, 862 F. Supp. 667 (D.N.H. 1994). · cites it 3× “The Commission issued a notice of Proposed Penalty (Notice), dated February *672 14, 1990, proposing a civil penalty to defendant in the amount of $100,000 for his allegedly violating FERC regulations at 18 C.F.R. § 12.23 . 20. On March 21, 1990, defendant replied to the Notice…”
FERC v. Macdonald (D.N.H. 1994). · cites it 2× “The Commission issued a notice of Proposed Penalty (Notice), dated February 1 4 , 1990, proposing a civil penalty to defendant in the amount of $100,000 for his allegedly violating FERC regulations at 18 C.F.R. § 12.23. 20. On March 2 1 , 1990, defendant replied to the Notice by…”
— 18 C.F.R. § 12.23(a) — 1 case
FERC v. Macdonald (D.N.H. 1994). “The Commission issued a notice of Proposed Penalty (Notice), dated February 1 4 , 1990, proposing a civil penalty to defendant in the amount of $100,000 for his allegedly violating FERC regulations at 18 C.F.R. § 12.23. 20. On March 2 1 , 1990, defendant replied to the Notice by…”
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