18 C.F.R. § 4.103

General provisions for case-specific exemption

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(a) Exemptible projects. Subject to the provisions in paragraph (b) of this section, § 4.31(c), and §§ 4.105 and 4.106, the Commission may exempt on a case-specific basis any small hydroelectric power project from all or part of Part I of the Act, including licensing requirements. Any applications for exemption for a project shall conform to the requirements of §§ 4.107 or 4.108, as applicable.

(b) Limitation for licensed water power project. The Commission will not accept for filing an application for exemption from licensing for any project that is only part of a licensed water power project.

(c) Waiver. In applying for case-specific exemption from licensing, a qualified exemption applicant may petition under § 385.207 of this chapter for waiver of any specific provision of §§ 4.102 through 4.107. The Commission will grant a waiver only if consistent with section 408 of the Energy Security Act of 1980.

[Order 413, 50 FR 11688, Mar. 25, 1985, as amended by Order 503, 53 FR 36568, Sept. 21, 1988]

Notes of Decisions

Cited in 4 cases, 1983–1987 · leading case: Pankratz Lumber Co. v. Fed. Energy Regulatory Comm'n, 824 F.2d 774 (9th Cir. 1987).

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Pankratz Lumber Co. v. Fed. Energy Regulatory Comm'n, 824 F.2d 774 (9th Cir. 1987). · cites it 4× “18 C.F.R. § 4.103 (b)(2)(ii). At the time of Pan-kratz’s application, the State of Washington owned one parcel of land necessary to Pankratz’s proposed Boulder Creek project.”

City of Centralia, Washington v. Fed. Energy Regulatory Comm'n, & Pac. Power & Light Co., Respondent-Intervenor, 799 F.2d 475 (9th Cir. 1986). “18 C.F.R. § 4.103 (b)(2)(ii) (1984). Unlike license holders, exemption holders have no power of eminent domain.”

Phoenix Hydro Corp. v. Fed. Energy Regulatory Comm'n, 775 F.2d 1187 (D.C. Cir. 1985). “18 C.F.R. § 4.103 (b)(2)(H). [2] The Commission has interpreted “project,” as used in this regulation, to include “the impoundment and any associated dam, intake, water conveyance facility, power plant, primary transmission line, and other appurtenant facility, if .”

Brownville Power Corp. v. Hydro Dev. Grp., 97 A.D.2d 947 (N.Y. App. Div. 1983). “It is true that the Federal Power Commission has promulgated regulations establishing as precondition for receiving an exemption pursuant to section 2705 of title 16 of the United States Code that the applicant have “all of the real property interests in non-Federal lands…”

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