18 CFR Part 6

Federal Energy Regulatory Commission
issued only after the findings required
by, and subject to any conditions that
may be timely filed pursuant to section
4(e) of the Federal Power Act.
(5) The Commission will require the
construction, maintenance, and operation of such fishways as may be timely prescribed by the Secretary of Commerce or the Secretary of the Interior,
as appropriate, pursuant to section 18
of the Federal Power Act.
(i) Standards and factors for issuing a
new license. (1) In determining whether
a final proposal for a new license under
section 15 of the Federal Power Act is
best adapted to serve the public interest, the Commission will consider the
factors enumerated in sections 15(a)(2)
and (a)(3) of the Federal Power Act.
(2) If there are only insignificant differences between the final applications
of an existing licensee and a competing
Applicant after consideration of the
factors enumerated in section 15(a)(2)
of the Federal Power Act, the Commission will determine which Applicant
will receive the license after considering:
(i) The existing licensee’s record of
compliance with the terms and conditions of the existing license; and
(ii) The actions taken by the existing
licensee related to the project which
affect the public.
(iii) An existing licensee that files an
application for a new license in conjunction with an entity or entities that
are not currently licensees of all or
part of the project will not be considered an existing licensee for the purpose of the insignificant differences
provision of section 15(a)(2) of the Federal Power Act.
(j) Fees under section 30(e) of the Federal Power Act. The requirements of 18
CFR part 4, subpart M, of this chapter,
fees under section 30(e) of the Federal
Power Act, apply to license applications developed under this part.

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§ 5.30 Critical energy
information.

infrastructure

If any action required by this part requires a potential Applicant or Applicant to reveal Critical Energy Infrastructure Information, as defined by
§ 388.113(c) of this chapter, to the public, the Applicant must follow the pro-

§ 6.2
cedures set out in § 4.32(k) of this chapter.
§ 5.31 Transition provision.
This part shall apply to license applications for which the deadline for filing a notification of intent to seek a
new or subsequent license, or for filing
a notification of intent to file an original license application, as required by
§ 5.5 of this part, is July 23, 2005 or
later.

PART 6—SURRENDER OR
TERMINATION OF LICENSE
Sec.
6.1 Application for surrender.
6.2 Surrender of license.
6.3 Termination of license.
6.4 Termination by implied surrender.
6.5 Annual charges.
AUTHORITY: Secs. 6, 10(i), 13, 41 Stat. 1067,
1068, 1071, as amended, sec. 309, 49 Stat. 858;
16 U.S.C. 799, 803(i), 806, 825h; Pub. L. 96–511,
94 Stat. 2812 (44 U.S.C. 3501 et seq.), unless
otherwise noted.

§ 6.1 Application for surrender.
Every application for surrender of a
license shall state the reason therefor;
and, except in the case of an application for surrender of a license for a
minor project, or for a transmission
line only, shall be executed by the licensee and filed in the same form and
manner as the application for license,
and shall be accompanied by the license and all amendments thereof.
Public notice of such application shall
be given at least 30 days prior to action
upon the application.
(Secs. 308 and 309; 49 Stat. 858, 859 (16 U.S.C.
825g, 825h))
[Order No. 570, 42 FR 40191, Aug. 9, 1977]
CROSS REFERENCES: For application for license, general provisions, see §§ 4.30 to 4.33,
inclusive, of this chapter. For application for
license for proposed major project or minor
part thereof, see §§ 4.40 to 4.41, inclusive, of
this chapter. For application for license for
constructed major project or minor part
thereof, see §§ 4.50 and 4.51 of this chapter.

§ 6.2 Surrender of license.
Licenses may be surrendered only
upon the fulfillment by the licensee of
such obligations under the license as
the Commission may prescribe, and, if

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§ 6.3

18 CFR Ch. I (4–1–11 Edition)

the project works authorized under the
license have been constructed in whole
or in part, upon such conditions with
respect to the disposition of such
works as may be determined by the
Commission. Where project works have
been constructed on lands of the
United States the licensee will be required to restore the lands to a condition satisfactory to the Department
having supervision over such lands and
annual charges will continue until such
restoration has been satisfactorily
completed.
[Order 175, 19 FR 5217, Aug. 18, 1954]

§ 6.3

Termination of license.

Licenses may be terminated by written order of the Commission not less
than 90 days after notice thereof shall
have been mailed to the licensee by
certified mail to the last address
whereof the Commission has been notified by the licensee, if there is failure
to commence actual construction of
the project works within the time prescribed in the license, or as extended
by the Commission. Upon like notice,
the authority granted under a license
with respect to any separable part of
the project works may be terminated if
there is failure to begin construction of
such separable part within the time
prescribed or as extended by the Commission.
(Administrative Procedure Act, 5 U.S.C. 551–
557 (1976); Federal Power Act, as amended, 16
U.S.C. 291–628 (1976 & Supp. V 1981), Dept. of
Energy Organization Act 42 U.S.C. 7101–7352
(Supp. V 1981); E.O. 12009, 3 CFR 142 (1978))
[Order 141, 12 FR 8491, Dec. 19, 1947, as
amended by Order 344, 48 FR 49010, Oct. 24,
1983]

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§ 6.4 Termination
render.

by

implied

sur-

If any licensee holding a license subject to the provisions of section 10(i) of
the Act shall cause or suffer essential
project property to be removed or destroyed, or become unfit for use, without replacement, or shall abandon, or
shall discontinue good faith operation
of the project for a period of three
years, the Commission will deem it to
be the intent of the licensee to surrender the license; and not less than 90

days after public notice may in its discretion terminate the license.
[Order 141, 12 FR 8491, Dec. 19, 1947]

§ 6.5

Annual charges.

Annual charges arising under a license surrendered or terminated shall
continue until the effective date set
forth in the Commission’s order with
respect to such surrender or termination.
[Order 175, 19 FR 5217, Aug. 18, 1954]
CROSS REFERENCE: For annual charges, see
part 11 of this chapter.

PART 8—RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED PROJECTS
Sec.
8.1 Publication of license conditions relating to recreation.
8.2 Posting of project lands as to recreational use and availability of information.
8.3 Discrimination prohibited.
8.11 Information respecting use and development of public recreational opportunities.
AUTHORITY: 5 U.S.C. 551–557; 16 U.S.C. 791a–
825r; 42 U.S.C. 7101–7352.

§ 8.1 Publication of license conditions
relating to recreation.
Following the issuance or amendment of a license, the licensee shall
make reasonable efforts to keep the
public informed of the availability of
project lands and waters for recreational purposes, and of the license
conditions of interest to persons who
may be interested in the recreational
aspects of the project or who may wish
to acquire lands in its vicinity. Such
efforts shall include but not be limited
to: the publication of notice in a local
newspaper once each week for 4 weeks
of the project’s license conditions
which relate to public access to and the
use of the project waters and lands for
recreational
purposes,
recreational
plans, installation of recreation and
fish and wildlife facilities, reservoir
water surface elevations, minimum
water releases or rates of change of
water releases and such other conditions of general public interest as the

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