C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER B—REGULATIONS UNDER THE FEDERAL POWER ACT › PART 4—LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT COSTS › Subpart K—Exemption of Small Hydroelectric Power Projects of 10 Megawatts or Less

18 C.F.R. § 4.101

Applicability

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This subpart provides procedures for exemption on a case-specific basis from all or part of Part I of the Federal Power Act (Act), including licensing, for small hydroelectric power projects as defined in § 4.30(b)(31).

(Energy Security Act of 1980, Pub. L. 96-294, 94 Stat. 611; Federal Power Act, as amended (16 U.S.C. 792-828c); Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601-2645); and the Department of Energy Organization Act (42 U.S.C. 7101-7352); E.O. 12009, 3 CFR 142 (1978)) [Order 202, 47 FR 4243, Jan. 29, 1982, as amended by Order 413, 50 FR 11687, Mar. 25, 1985; Order 482, 52 FR 39630, Oct. 23, 1987; Order 2002, 68 FR 51121, Aug. 25, 2003; Order 800, 79 FR 59111, Oct. 1, 2014]
Notes of Decisions
Cited in 2 cases, 1985–2003 · leading case: City of Tacoma v. Fed. Energy Regulatory Comm'n, 331 F.3d 106 (D.C. Cir. 2003).
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City of Tacoma v. Fed. Energy Regulatory Comm'n, 331 F.3d 106 (D.C. Cir. 2003). “90-96 ; 18 C.F.R. §§ 4.101 -.108, also pay a share of FPA administrative costs.”
Phoenix Hydro Corp. v. Fed. Energy Regulatory Comm'n, 775 F.2d 1187 (D.C. Cir. 1985). “” 18 C.F.R. § 4.101 (h)(i). Thus an applicant for an exemption at an existing dam must either own, or hold an option to obtain ownership interests in, the dam and the reservoir, as well as in the land for the proposed power plant.”
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