18 C.F.R. § 12.4

Staff administrative responsibility and supervisory authority

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(a) Administrative responsibility. The Director of the Office of Energy Projects is responsible for administering the Commission's project safety program and reports directly to the Chairman of the Federal Energy Regulatory Commission.

(b) Supervisory authority of the Regional Engineer or other authorized representative. (1) Any water power project and the construction, operation, maintenance, use, repair, or modification of any project works are subject to the inspection and the supervision of the Regional Engineer or any other authorized Commission representative for the purpose of:

(i) Achieving or protecting the safety, stability, security, and integrity of the project works or the ability of any project work to function safely for its intended purposes, including navigation, water power development, or other beneficial public uses; or

(ii) Otherwise protecting life, health, or property.

(2) For the purposes set forth in paragraph (b)(1) of this section, a Regional Engineer or other authorized Commission representative may:

(i) Test or inspect any water power project or project works or require that the applicant or licensee perform such tests or inspections or install monitoring instruments;

(ii) Require an applicant or a licensee to submit reports or information, regarding:

(A) The design, construction, operation, maintenance, use, repair, or modification of a water power project or project works; and

(B) Any condition affecting the safety of a project or project works or any death, serious injuries, or rescues that occur at, or might be attributable to, the water power project;

(iii) Require an applicant or a licensee to modify:

(A) Any emergency action plan filed under subpart C of this part;

(B) Any Owner's Dam Safety Program filed under subpart F of this part;

(C) Any plan of corrective measures, including related schedules, submitted after the report of an independent consultant pursuant to § 12.36 or § 12.38 or any other inspection report; or

(D) Any public safety plan filed under § 12.52(b).

(iv) Require an applicant or licensee to take any other action with respect to the design, construction, operation, maintenance, repair, use, or modification of the project or its works that is, in the judgment of the Regional Engineer or other authorized Commission representative, necessary or desirable.

(v) Establish the time for an applicant or licensee to provide a schedule for or to perform any actions specified in this paragraph.

(c) Appeal, stay, rescission, or amendment of order or directive. (1) Any order or directive issued under this part by a Regional Engineer or other authorized Commission representative may be appealed to the Commission under § 385.207 of this chapter.

(2) Any order or directive issued under this part by a Regional Engineer or other authorized Commission representative is immediately effective and remains in effect until:

(i) The Regional Engineer or other authorized Commission representative who issued the order or directive rescinds or amends that order or directive or stays its effect; or

(ii) The Commission stays the effect of the order or directive, or amends or rescinds the order or directive on appeal.

(3) An appeal or motion for rescission, amendment, or stay of any order or directive issued under this part must contain a full explanation of why granting the appeal or the request for rescission or amendment of the order or directive, or for stay for the period requested, will not endanger life, health, or property.

(d) Failure to comply. If a licensee fails to comply with any order or directive issued under this part by the Commission, a Regional Engineer, or other authorized Commission representative, the licensee may be subject to sanctions, including, but not limited to, civil penalties, orders to cease generation, or license revocation.

[Order 122, 46 FR 9036, Jan. 28, 1981, as amended by Order 225, 47 FR 19056, May 3, 1982; 49 FR 29370, July 20, 1984; Order 756, 77 FR 4894, Feb. 1, 2012; 87 FR 1514, Jan. 11, 2022; 87 FR 2702, Jan. 19, 2022]

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1996–2022 · leading case: Marseilles Hydro Power, LLC v. Marseilles Land & Water Co., 299 F.3d 643 (7th Cir. 2002).

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Marseilles Hydro Power, LLC v. Marseilles Land & Water Co., 299 F.3d 643 (7th Cir. 2002). “§§ 799 , 803(a)(1), (c), (g); 18 C.F.R. § 12.4 (b)(2); David B. Spence, “Managing Delegation Ex Ante: Using Law to Steer Administrative Agencies,” 28 J.”

Util. L. Rep. P 14,084 Bluestone Energy Design, Inc. v. Fed. Energy Regulatory Comm'n, 74 F.3d 1288 (D.C. Cir. 1996). “Hearing nothing, the Commission notified Bluestone that it was in violation of its license and of 18 C.F.R. § 12.4 for failing to file a compliance plan.”

Missouri Coalition for the Env't v. Fed. Energy Regulatory Comm'n, 544 F.3d 955 (8th Cir. 2008). “§ 803 (c) and 18 C.F.R. § 12.4 (b), with 16 U.S.C. § 797 (e) and 16 U.”

Paxton v. Georgia Power Co. (M.D. Ga. 2022). · cites it 4× “” 18 C.F.R. § 12.4 (b). That said, however, regulation by the federal government or mere compliance with governmental regulation doesn’t mean that a private entity can fall “within the scope of the statutory phrase ‘acting under’ a federal ‘official[]’” and easily satisfy the…”

Paxton v. Georgia Power Co. (M.D. Ga. 2022). · cites it 4× “” 18 C.F.R. § 12.4 (b). That said, however, regulation by the federal government or mere compliance with governmental regulation doesn’t mean that a private entity, like Georgia Power, can fall “within the scope of the statutory phrase ‘acting under’ a federal ‘official[]’” and…”

Friends of Merrymeeting Bay v. United States Dep't of Com., 810 F. Supp. 2d 320 (D. Me. 2011). “See 18 C.F.R. § 12.4 (b). The Worumbo is located in the geographic range and designated'critical habitat of the Gulf-Of-Maine Distinct Population Segment (“GOM DPS”) of Atlantic salmon, a species listed as endangered under the Endangered Species Act (“ESA”) by Defendant National…”

Marseilles Hydro v. Marseilles Land (7th Cir. 2002). “§§ 799 , 803(a)(1), (c), (g); 18 C.F.R. § 12.4 (b)(2); David B. Spence, “Managing Delegation Ex Ante: Using Law to Steer Admin- istrative Agencies,” 28 J.”

Missouri Coalition for the Env v. FERC (8th Cir. 2008). “§ 803 (c) and 18 C.F.R. § 12.4 (b), with 16 U.S.C. § 797 (e) and 16 U.”

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