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 D—Application for Preliminary Permit, License or Exemption: General Provisions

18 C.F.R. § 4.31

Initial or competing application: who may file

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(a) Application for a preliminary permit or a license. Any citizen, association of citizens, domestic corporation, municipality, or state may submit for filing an initial application or a competing application for a preliminary permit or a license for a water power project under Part I of the Federal Power Act.

(b) Application for exemption of a small conduit hydroelectric facility—(1) Exemption from provisions other than licensing—(i) Only federal lands involved. If only rights to use or occupy federal lands would be necessary to develop and operate the proposed small conduit hydroelectric facility, any citizen, association of citizens, domestic corporation, municipality, or state may apply for exemption of a small conduit hydroelectric facility from provisions of Part I of the Federal Power Act, other than licensing provisions.

(ii) Some non-federal lands involved. If real property interests in any non-federal lands would be necessary to develop and operate the proposed small conduit hydroelectric facility, any citizen, association of citizens, domestic corporation, municipality, or state that has all of the real property interests in the lands necessary to develop and operate that project, or an option to obtain those interests, may apply for exemption of a small conduit hydroelectric facility from provisions of Part I of the Federal Power Act, other than licensing provisions.

(2) Exemption from licensing—(i) Only federal lands involved. If only rights to use or occupy federal lands would be necessary to develop and operate the proposed small conduit hydroelectric facility, any citizen, association of citizens, domestic corporation, municipality, or state may apply for exemption of that facility from licensing under Part I of the Federal Power Act.

(ii) Some non-federal lands involved. If real property interests in any non-federal lands would be necessary to develop and operate the proposed small conduit hydroelectric facility, any citizen, association of citizens, domestic corporation, municipality, or state who has all the real property interests in the lands necessary to develop and operate the small conduit hydroelectric facility, or an option to obtain those interests, may apply for exemption of that facility from licensing under Part I of the Federal Power Act.

(c) Application for case-specific exemption of a small hydroelectric power project—(1) Exemption from provisions other than licensing. Any qualified license applicant or licensee seeking amendment of its license may apply for exemption of the related project from provisions of Part I of the Federal Power Act other than licensing provisions.

(2) Exemption from licensing— (i) Only Federal lands involved. If only rights to use or occupy Federal lands would be necessary to develop and operate the proposed small hydroelectric power project, any citizen, association of citizens, domestic corporation, municipality, or state may apply for exemption of that project from licensing.

(ii) Some non-Federal lands involved. If real property interests in any non-Federal lands would be necessary to develop and operate the proposed small hydroelectric power project, any citizen, association of citizens, domestic corporation, municipality, or state who has all of the real property interests in non-Federal lands necessary to develop and operate that project, or an option to obtain those interests, may apply for exemption of that project from licensing.

[Order 413, 50 FR 11678, Mar. 25, 1985, as amended by Order 800, 79 FR 59109, Oct. 1, 2014]
Notes of Decisions
Cited in 6 cases, 1969–1987 · leading case: City of Gillette, Wyoming v. Fed. Energy Regulatory Comm'n, 737 F.2d 883 (10th Cir. 1984).
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City of Gillette, Wyoming v. Fed. Energy Regulatory Comm'n, 737 F.2d 883 (10th Cir. 1984). · cites it 2× “Relying on this regulation, the FERC dismissed Gillette’s appeal because Gillette filed it more than thirty days after the Deputy Director’s July 22, 1981, order. Gillette asserts, however, that the order was not “final” within the meaning of § 1.”
City of Dothan, Alabama v. Fed. Energy Regulatory Comm'n, Mun. Elec. Auth. of Georgia, Intervenor, 684 F.2d 159 (D.C. Cir. 1982). “, Northeastern Minnesota Municipal Power Agency, 16 FERC H 61,033 (1981); Sun Ventures, Ltd, 15 FERC II 61,015 (1981), at the time this case was argued MEAG had not yet filed the amended project map or revised project description that would seem to be required by 18 C.F.R. §§…”
Town of Summersville, West Virginia v. Fed. Energy Regulatory Comm'n, Friends of the Earth, Intervenor, 780 F.2d 1034 (D.C. Cir. 1986). “Such a survey is routinely required of all applicants pursuant to 18 C.F.R. § 4.31 (f) (1984). Although FERC requested that this survey be provided within 120 days of the date FERC accepted Summersville’s application for filing, i.”
Pankratz Lumber Co. v. Fed. Energy Regulatory Comm'n, 824 F.2d 774 (9th Cir. 1987). · cites it 3× “See 18 C.F.R. § 4.31 (c)(2), (1). On September 1, FERC issued a notice rescinding its prior public notice of application, which it said it had issued “inadvertently.”
Int'l Paper Co. v. Fed. Energy Regulatory Comm'n, 737 F.2d 1159 (D.C. Cir. 1984). · cites it 2× “18 C.F.R. § 4.31 (c)(1). Acceptance for filing does not preclude the Commission from later rejeeting the application; however, it does indicate that the applicant has conformed to the Commission’s rules for exemption applications.”
Rocky Mountain Power Co. v. Fed. Power Comm'n, 409 F.2d 1122 (D.C. Cir. 1969). “2d 540 (1966), for the proposition that the Commission had an affirmative duty to ascertain whether the project was economically and financially feasible.”
— 18 C.F.R. § 4.31(d)(1) — 1 case
Pankratz Lumber Co. v. Fed. Energy Regulatory Comm'n, 824 F.2d 774 (9th Cir. 1987). “See 18 C.F.R. § 4.31 (c)(2), (1). On September 1, FERC issued a notice rescinding its prior public notice of application, which it said it had issued “inadvertently.”
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