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 I—Application for Preliminary Permit; Amendment and Cancellation of Preliminary Permit

18 C.F.R. § 4.82

Amendments

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(a) Any permittee may file an application for amendment of its permit, including any extension of the term of the permit that would not cause the total term to exceed eight years. (Transfer of a permit is prohibited by section 5 of the Federal Power Act.) Each application for amendment of a permit must conform to any relevant requirements of § 4.81 (b), (c), and (d).

(b) If an application for amendment of a preliminary permit requests any material change in the proposed project, public notice of the application will be issued as required in § 4.32(d)(2)(i).

(c) If an application to extend the term of a permit is submitted not less than 30 days prior to the termination of the permit, the permit term will be automatically extended (not to exceed a total term for the permit of eight years) until the Commission acts on the application for an extension. The Commission will not accept extension requests that are filed less than 30 days prior to the termination of the permit.

(d) At the end of the extension period granted under paragraph (a) of this section, the Commission may issue an additional permit to the permittee if the Commission determines that there are extraordinary circumstances that warrant the issuance of the additional permit.

[Order 413, 50 FR 11685, Mar. 25, 1985, as amended by Order 499, 53 FR 27002, July 18, 1988; Order 800, 79 FR 59110, Oct. 1, 2014; Order 857, 84 FR 7991, Mar. 6, 2019]
Notes of Decisions
Cited in 1 case, 1986–1986 · leading case: Nat'l Wildlife Fed'n, Idaho Wildlife Fed'n, & the Nez Perce Tribe, Intervenor-Petitioner v. Fed. Energy Regulatory Comm'n, 801 F.2d 1505 (9th Cir. 1986).
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Nat'l Wildlife Fed'n, Idaho Wildlife Fed'n, & the Nez Perce Tribe, Intervenor-Petitioner v. Fed. Energy Regulatory Comm'n, 801 F.2d 1505 (9th Cir. 1986). “§ 798 ; 18 C.F.R. § 4.82 (a) (1986). Dining the term of the permit, a per-mittee must not only conduct the necessary studies, but also complete an acceptable license application: Failure of a permittee to file an acceptable application for a license before the permit expires…”
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