18 Cfr 9.10

Federal Energy Regulatory Commission
has been filed previously for such development and setting out the basis for
believing that the development has no
existing or potential recreational use
or a minor existing or potential recreational use.
(Approved by the Office of Management and
Budget under control number 1902–0106)
[46 FR 50059, Oct. 9, 1981, as amended by 49
FR 5073, Feb. 10, 1984; Order 419, 50 FR 20096,
May 14, 1985; Order 540, 57 FR 21737, May 22,
1992]

PART 9—TRANSFER OF LICENSE OR
LEASE OF PROJECT PROPERTY
APPLICATION FOR TRANSFER OF LICENSE
Sec.
9.1 Filing.
9.2 Contents of application.
9.3 Transfer.
APPLICATION FOR LEASE OF PROJECT
PROPERTY
9.10

Filing.

AUTHORITY: Sec. 8, 41 Stat. 1068, sec. 309, 49
Stat. 858; 16 U.S.C. 801, 825h; Pub. L. 96–511, 94
Stat. 2812 (44 U.S.C. 3501 et seq.)
CROSS REFERENCE: For application for approval of transfer of license, see § 131.20 of
this chapter.

APPLICATION FOR TRANSFER OF LICENSE
§ 9.1 Filing.
Any licensee desiring to transfer a license or rights thereunder granted, and
the person, association, corporation,
State, or municipality desiring to acquire the same, shall jointly or severally file an application for approval of
such transfer and acquisition. Such application shall be verified, shall conform to § 131.20 of this chapter, and
shall be filed in accordance with § 4.32
of this chapter.
[Order 501, 39 FR 2267, Jan. 18, 1974, as
amended by Order 2002, 68 FR 51139, Aug. 25,
2003]

§ 9.2 Contents of application.
Every application for approval of
such transfer and acquisition by the
proposed transferee shall set forth in
appropriate detail the qualifications of
the transferee to hold such license and
to operate the property under license,
which qualifications shall be the same

§ 9.10
as those required of applicants for license.
[Order 141, 12 FR 8491, Dec. 19, 1947]
CROSS REFERENCES: For administrative
rules relating to applicants for license, see
part 385 of this chapter. For regulations as to
licenses and permits, see part 4 of this chapter.

§ 9.3

Transfer.

(a) Approval by the Commission of
transfer of a license is contingent upon
the transfer of title to the properties
under license, delivery of all license instruments, and a showing that such
transfer is in the public interest. The
transferee shall be subject to all the
conditions of the license and to all the
provisions and conditions of the act, as
though such transferee were the original licensee and shall be responsible for
the payment of annual charges which
accrue prior to the date of transfer.
(b) When the Commission shall have
approved the transfer of the license, its
order of approval shall be forwarded to
the transferee for acknowledgment of
acceptance. Unless application for rehearing is filed, or unless the order is
stayed by the Commission, the order
shall become final thirty (30) days from
date of issuance and the acknowledgment of acceptance shall be filed in
triplicate with the Commission within
sixty (60) days from date of issuance
accompanied by a certified copy of the
deed of conveyance or other instrument evidencing transfer of the property under license, together with evidence of the recording thereof.
[Order 175, 19 FR 5217, Aug. 18, 1954]

APPLICATION FOR LEASE OF PROJECT
PROPERTY
§ 9.10

Filing.

Any licensee desiring to lease the
project property covered by a license or
any part thereof, whereby the lessee is
granted the exclusive occupancy, possession, or use of project works for purposes of generating, transmitting, or
distributing power, and the person, association, or corporation, State, or municipality desiring to acquire such
project property by lease, shall file as

173

VerDate jul<14>2003

21:35 May 18, 2004

Jkt 203056

PO 00000

Frm 00173

Fmt 8010

Sfmt 8010

Y:\SGML\203056T.XXX

203056T

Pt. 11

18 CFR Ch. I (4–1–04 Edition)

many copies of such proposed lease together with as many copies of the application as required in accordance
with § 4.32(b)(1) of this chapter. Such
application and action thereon by the
Commission will, in general, be subject
to the provisions of §§ 9.1 through 9.3.

Subpart A—Charges for Costs of
Administration, Use of Tribal
Lands and Other Government
Lands, and Use of Government Dams

[Order 501, 39 FR 2267, Jan. 18, 1974, as
amended by Order 2002, 68 FR 51139, Aug. 25,
2003]

(a) Authority. Pursuant to section
10(e) of the Federal Power Act and section 3401 of the Omnibus Budget Reconciliation Act of 1986, the Commission
will assess reasonable annual charges
against licensees and exemptees to reimburse the United States for the costs
of administration of the Commission’s
hydropower regulatory program.
(b) Scope. The annual charges under
this section will be charged to and allocated among:
(1) All licensees of projects of more
than 1.5 megawatts of installed capacity; and
(2) All holders of exemptions under
either section 30 of the Federal Power
Act or sections 405 and 408 of the Public Utility Regulatory Policies Act of
1978, as amended by section 408 of the
Energy Security Act of 1980, but only if
the exemption was issued subsequent
to April 21, 1995 and is for a project of
more than 1.5 megawatts of installed
capacity.
(3) If the exemption for a project of
more than 1.5 megawatts of installed
capacity was issued subsequent to
April 21, 1995 but pursuant to an application filed prior to that date, the
exemptee may credit against its annual
charge any filing fee paid pursuant to
§ 381.601 of this chapter, which was removed effective April 21, 1995, 18 CFR
381.601 (1994), until the total of all such
credits equals the filing fee that was
paid.
(c) Licenses and exemptions other than
State or municipal. For licensees and
exemptees, other than State or municipal:
(1) A determination shall be made for
each fiscal year of the costs of administration of Part I of the Federal Power
Act chargeable to such licensees or
exemptees, from which shall be deducted any administrative costs that
are stated in the license or exemption
or fixed by the Commission in determining headwater benefit payments.

PART
11—ANNUAL
CHARGES
UNDER PART I OF THE FEDERAL
POWER ACT
Subpart A—Charges for Costs of Administration, Use of Tribal Lands and Other
Government Lands, and Use of Government Dams
Sec.
11.1 Costs of administration.
11.2 Use of government lands.
11.3 Use of government dams, excluding
pumped storage projects.
11.4 Use of government dams for pumped
storage projects, and use of tribal lands.
11.5 Exemption of minor projects.
11.6 Exemption of State and municipal licensees and exemptees.
11.7 Effective date.
11.8 Adjustment of annual charges.

Subpart B—Charges for Headwater
Benefits
11.10 General provision; waiver and exemption; definitions.
11.11 Energy gains method of determining
headwater benefits charges.
11.12 Determination of section 10(f) costs.
11.13 Energy gains calculations.
11.14 Procedures for establishing charges
without an energy gains investigation.
11.15 Procedures for determining charges by
energy gains investigation.
11.16 Filing requirements.
11.17 Procedures for payment of charges and
costs.

Subpart C—General Procedures
11.20
11.21

Time for payment.
Penalties.

APPENDIX A TO PART 11—FEE SCHEDULE FOR
FY 2004
AUTHORITY: 16 U.S.C. 791a–825r; 42 U.S.C.
7101–7352.

§ 11.1

Costs of administration.

174

VerDate May<21>2004

01:56 May 26, 2004

Jkt 203056

PO 00000

Frm 00174

Fmt 8010

Sfmt 8010

Y:\SGML\203056T.XXX

203056T