18 Cfr 9

Federal Energy Regulatory Commission
80 and submit them to the Secretary of
the Commission in accordance with filing procedures posted on the Commission’s Web site at http://www.ferc.gov.
(2) FERC Form No. 80 is due on April
1, 2009, for data compiled during the
calendar year ending December 31, 2008.
Thereafter, FERC Form No. 80 is due
on April 1 of every sixth year for data
compiled during the previous calendar
year.
(3) A copy of the Form No. 80 should
be retained by the respondent licensee
in its file.
(b) Initial Form No. 80 filings. Each licensee of an unconstructed project
shall file an initial Form No. 80 after
such project has been in operation for a
full calendar year prior to the filing
deadline. Each licensee of an existing
(constructed) project shall file an initial Form No. 80 after such project has
been licensed for a full calendar year
prior to the filing deadline.
(c) Exemptions. A licensee who has
filed a Form No. 80 may request an exemption from any further filing of the
form for any development that has no
existing or potential recreational use
or only a minor existing or potential
recreational use (as indicated by fewer
than 100 recreation days of use during
the previous calendar year) by submitting a statement not later than 6
months prior to the due date for the
next filing, stating that Form No. 80
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; Order 699, 72 FR 45324, Aug. 14, 2007;
Order 737, 75 FR 43403, July 26, 2010]

PART 9—TRANSFER OF LICENSE OR
LEASE OF PROJECT PROPERTY

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APPLICATION FOR TRANSFER OF LICENSE
Sec.
9.1 Filing.
9.2 Contents of application.
9.3 Transfer.

§ 9.3
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
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

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§ 9.10

18 CFR Ch. I (4–1–15 Edition)

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.

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.

[Order 175, 19 FR 5217, Aug. 18, 1954]

Subpart C—General Procedures

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, where 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 the
project property by lease, must file the
proposed lease together with the application in accordance with § 4.32(b)(1) of
this chapter. The application and the
Commission’s action on it will, in general, be subject to the provisions of
§§ 9.1 through 9.3.
[Order 737, 75 FR 43403, July 26, 2010]

PART
11—ANNUAL
CHARGES
UNDER PART I OF THE FEDERAL
POWER ACT

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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.

11.20 Time for payment.
11.21 Penalties.
APPENDIX A TO PART 11—FEE SCHEDULE FOR
FY 2015
AUTHORITY: 16 U.S.C. 792–828c; 42 U.S.C.
7101–7352.

Subpart A—Charges for Costs of
Administration, Use of Tribal
Lands and Other Government
Lands, and Use of Government Dams
§ 11.1 Costs of administration.
(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

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