18 C.F.R. § 16.25

Disposition of a project for which no timely application is filed following a notice of intent to file

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(a) If an existing licensee that indicates in the notice filed pursuant to § 16.6 that it will file an application for new license, nonpower license, subsequent license, or an exemption does not file its application individually or in conjunction with an entity or entities that are not currently licensees of the project at least 24 months before its existing license expires in the case of licenses subject to sections 14 and 15 of the Federal Power Act, or by the deadlines specified in § 16.20(c) in the case of licenses not subject to sections 14 and 15 of the Federal Power Act, and no other applicant files an application within the appropriate time or all pending applications filed before the applicable filing deadline are subsequently rejected or dismissed pursuant to § 4.32 of this chapter, the Commission will publish in the Federal Register and once in a daily or weekly newspaper published in the county or counties in which the project or any part thereof or the lands affected thereby are situated, notice soliciting applications from potential applicants other than the existing licensee.

(b) A potential applicant that files a notice of intent within 90 days from the date of the public notice issued pursuant to paragraph (a):

(1) May apply for a license under Part I of the Federal Power Act and part 4 of this chapter (except § 4.38) within 18 months of the date on which it files its notice; and

(2) Must comply with the requirements of § 16.8 and, if the project would have a total installed capacity of over 2,000 horsepower, § 16.10.

(c) The existing licensee must file a schedule for the filing of a surrender application for the project, for the approval of the Director of the Office of Energy Projects, 90 days:

(1) After the due date established for any notice of intent issued under paragraph (a), if no notices of intent were received; or

(2) After the due date for any application filed under paragraph (b)(1), if no application has been filed.

(d) Any application for surrender must be filed according to the approved schedule, must comply with the requirements of § 16.8 and part 6 of this chapter, and must provide for disposition of any project facility.

Notes of Decisions

Cited in 4 cases, 1994–2019 · leading case: City of Oconto Falls v. Fed. Energy Regulatory Comm'n, 204 F.3d 1154 (D.C. Cir. 2000).

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City of Oconto Falls v. Fed. Energy Regulatory Comm'n, 204 F.3d 1154 (D.C. Cir. 2000). · cites it 2× “Not to be deterred, the City also attacks NEW’s agency relationship with WEPCO, arguing that WEPCO improperly acted as a co-applicant in violation of 18 C.F.R. § 16.25 . While section 16.25 precludes a previous license holder such as WEPCO from filing a license application in…”

City of Fremont v. Fed. Energy Regulatory Comm'n, 336 F.3d 910 (9th Cir. 2003). “See 18 C.F.R. § 16.25 (a). . Under §§ 14 and 15 of the FPA, 16 U.”

Oconto Falls v. Fed. Energy Regulatory Comm'n, 41 F.3d 671 (D.C. Cir. 1994). · cites it 2× “Petitioners maintain that the reference to Part 4 means that FERC considers an orphaned project license to be an original license because Part 4 sets forth the procedure to apply for an original license. Petitioners further argue that the express exemption for orphaned projects…”

North Carolina v. Fed. Energy Regulatory Comm'n, 913 F.3d 148 (D.C. Cir. 2019). “32 (e), FERC should have reopened licensing and "solicit[ed] applications from potential applicants other than the existing licensee," see 18 C.F.R. § 16.25 (a). See also *151 Oconto Falls v.”

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