[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR16.6]

[Page 205-206]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 16_PROCEDURES RELATING TO TAKEOVER AND RELICENSING OF LICENSED PROJECTS--
 
Subpart B_Applications for Projects Subject to Sections 14 and 15 of the 
 
Sec.  16.6  Notification procedures under section 15 of the Federal Power Act.

                            Federal Power Act


    (a) Applicability. This section applies to a licensee of an existing 
project subject to sections 14 and 15 of the Federal Power Act.
    (b) Requirement to notify. In order to notify the Commission under 
section 15 of the Federal Power Act whether a licensee intends to file 
or not to file an application for new license, the licensee must file 
with the Commission an original and fourteen copies of a letter, that 
contains the following information:
    (1) The licensee's name and address.
    (2) The project number.
    (3) The license expiration date.
    (4) An unequivocal statement of the licensee's intention to file or 
not to file an application for a new license.
    (5) The type of principal project works licensed, such as dam and 
reservoir, powerhouse, or transmission lines.
    (6) Whether the application is for a power or nonpower license.
    (7) The location of the project by state, county and stream, and, 
when appropriate, by city or nearby city.
    (8) The installed plant capacity.
    (9) The location or locations of all the sites where the information 
required under Sec.  16.7 is available to the public.
    (10) The names and mailing addresses of:
    (i) Every county in which any part of the project is located, and in 
which any Federal facility that is used by the project is located;
    (ii) Every city, town, or similar local political subdivision:
    (A) In which any part of the project is located and any Federal 
facility that is used by the project is located, or
    (B) That has a population of 5,000 or more people and is located 
within 15 miles of the project dam,

[[Page 206]]

    (iii) Every irrigation district, drainage district, or similar 
special purpose political subdivision:
    (A) In which any part of the project is located and any Federal 
facility that is used by the project is located, or
    (B) That owns, operates, maintains, or uses any project facility or 
any Federal facility that is used by the project;
    (iv) Every other political subdivision in the general area of the 
project that there is reason to believe would be likely to be interested 
in, or affected by, the notification;
    (v) Affected Indian tribes.
    (c) When to notify. (1) Except as provided in paragraph (c)(2) of 
this section, if a license expires on or after October 17, 1992, the 
licensee must notify the Commission as required in paragraph (b) of this 
section at least five years, but no more than five and one-half years, 
before the existing license expires.
    (2) The requirement in paragraph (c)(1) of this section does not 
apply if a licensee filed notice more than five and one-half years 
before its existing license expired and before the effective date of 
this rule.
    (d) Commission notice. Upon receipt of the notification required 
under paragraph (c) of this Section, the Commission will provide notice 
of the licensee's intent to file or not to file an application for a new 
license by:
    (1) If the notification is filed prior to July 23, 2005;
    (i) Publishing notice in the Federal Register;
    (ii) Publishing notice 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; and
    (iii) Notifying the appropriate Federal and state resource agencies, 
state water quality and coastal zone management consistency certifying 
agencies, and Indian tribes, by electronic means if practical, otherwise 
by mail.
    (2) If the notification is filed on or after July 23, 2005, pursuant 
to the provisions of Sec.  5.8 of this chapter.

[Order 496, 53 FR 15810, May 4, 1988. Redesignated and amended by Order 
513, 54 FR 23807, June 2, 1989; Order 2002, 68 FR 51139, Aug. 25, 2003; 
Order 653, 70 FR 8724, Feb. 23, 2005]