18 Cfr 24

§ 20.2

18 CFR Ch. I (4–1–19 Edition)

the Commission by sections 19 and 20 of
the Federal Power Act shall be subject
to the provisions of § 20.2, except a security issue by a person organized and
operating in a State under the laws of
which its security issues are regulated
by a State commission, or by any one
described in subsection 201(f) of the act.
No other security issue within the
scope of sections 19 and 20 shall be subject to § 20.2 except as provided in paragraph (b) of this section.
(b) Reservation of possibility of regulation in other cases. Not later than 10
days prior to any proposed security
issuance which is within the scope of
section 19 or section 20 of the act, but
excepted by paragraph (a) of this section, any person or state entitled to do
so under section 19 or section 20, may
file a complaint or request in accordance with the applicable rules of the
Commission, or the Commission upon
its own motion may by order initiate a
proceeding, raising the question whether issuance of such security should be
subjected by Commission order to the
provisions of § 20.2. After notice of such
filing or order, and until such request
or complaint is denied or dismissed or
the proceeding initiated by such order
is terminated without subjecting the
issuance of the security to the provisions of § 20.2, the security in question
shall not be issued except it be issued
subject to and in compliance with
§ 20.2.
§ 20.2 Regulation of issuance of securities.

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The licensee or other person issuing
or proposing to issue any security subjected to this section by or pursuant to
§ 20.1, shall be subject to and shall comply with the same requirements as the
Commission would administer to it if it
were a public utility issuing the security within the meaning and subject to
the requirements of section 204 of the
Act and part 34 of this subchapter.
CROSS REFERENCE: For applications for authorization of the issuance of securities or
the assumption of liabilities, see part 34 of
this chapter.

PART 24—DECLARATION OF
INTENTION
AUTHORITY: 16 U.S.C. 791a–825r; 44 U.S.C.
3501 et seq.; 42 U.S.C. 7101–7352.

§ 24.1

Filing.

A declaration of intention under the
provisions of section 23(b) of the Act
shall be filed with the Secretary of the
Commission in accordance with filing
procedures posted on the Commission’s
Web site at http://www.ferc.gov. The
declaration shall give the name and
post office address of the person to
whom correspondence in regard to it
shall be addressed, and shall be accompanied by:
(a) A brief description of the proposed
project and its purposes, including such
data as maximum height of the dams, a
storage capacity curve of the reservoir
or reservoirs showing the maximum,
average, and minimum operating pool
levels, the initial and ultimate installed capacity of the project, the
rated horsepower and head on the turbines, and a curve of turbine discharge
versus output at average and minimum
operating heads.
(b)(1) A general map (one tracing and
three prints) of any convenient size and
scale, showing the stream or streams
to be utilized and the approximate location and the general plan of the
project.
(2) Also a detailed map of the proposed project area showing all Federal
lands, and lands owned by States, if
any, occupied by the project.
(3) A profile of the river within the
vicinity of the project showing the location of the proposed project and any
existing improvements in the river.
(4) A duration curve and hydrograph
for the natural and proposed regulated
flows at the dam site. Furnish references to the published stream flow
records used and submit copies of any
unpublished records used in preparation of these curves.
(c) (1) A definite statement of the
proposed method of utilizing storage or
pondage seasonally, weekly and daily,
during periods of low and normal flows
after the plant is in operation and the
system load has grown to the extent

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Federal Energy Regulatory Commission
that the capacity of the plant is required to meet the load. For example,
furnish:
(i) Hydrographs covering a 10–day low
water period showing the natural flow
of the stream and the effect thereon
caused by operations of the proposed
power plant:
(ii) Similar hydrographs covering a
10–day period during which the discharge of the stream approximates average recorded yearly flow, and
(iii) Similar hydrographs covering a
low water year using average monthly
flows.
(2) A system load curve, both daily
and monthly, and the position on the
load curve that the proposed project
would have occupied had it been in operation.
(3) A proposed annual rule of operation for the storage reservoir or reservoirs.
[Order 175, 19 FR 5217, Aug. 18, 1954, as
amended by Order 260, 28 FR 315, Jan. 11,
1963; Order 540, 57 FR 21738, May 22, 1992;
Order 737, 75 FR 43403, July 26, 2010]

PART 25—APPLICATION FOR VACATION OF WITHDRAWAL AND
FOR DETERMINATION PERMITTING
RESTORATION TO ENTRY

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Sec.
25.1 Contents of application.
25.2 Hearings.

§ 25.1 Contents of application.
Any application for vacation of a reservation effected by the filing of an application for preliminary permit or license, or for a determination under the
provisions of section 24 of the Act permitting restoration for location, entry,
or selection under the public lands
laws, or such lands reserved or classified as power sites shall, unless the
subject lands are National Forest
Lands, be filed with the Bureau of Land
Management, Department of the Interior, at the Bureau’s office in Washington, DC or at the appropriate regional or field office of the Bureau. If
the lands included in such application
are National Forest Lands, the application shall be filed with the U.S. Forest
Service, Department of Agriculture at
the Forest Service’s office in Washington, DC, or at the appropriate re-

§ 25.2
gional office of the U.S. Forest Service.
Such application shall contain the following data: (a) Full name of applicant; (b) post-office address; (c) description of land by legal subdivisions,
including section, township, range, meridian, county, State, and river basin
(both main and tributary) in which the
land is located; (d) public land act
under which entry is intended to be
made if land is restored to entry; (e)
the use to which it is proposed to put
the land, and a statement as to its
suitability for the intended use.
(Secs. 24, 309, 41 Stat. 1075, as amended; 49
Stat. 858; 16 USC. 818, 825h)
[Order 175, 19 FR 5218, Aug. 18, 1954, as
amended by Order 346, 32 FR 7495, May 20,
1967]
CROSS REFERENCE: For entries subject to
section 24 of the Federal Power Act, see also
43 CFR subpart 2320.

§ 25.2

Hearings.

A hearing upon such an application
may be ordered by the Commission in
its discretion and shall be in accordance with the provisions of subpart E
of part 385 of this chapter.
NOTE 1: On April 17, 1922, the Commission
made the following general determination:
(a) That where lands of the United States
have heretofore been, or hereafter may be,
reserved or classified as power sites, such
reservation or classification being made
solely because such lands are either occupied
by power transmission lines or their occupancy and use for such purposes has been applied for or authorized under appropriate
laws of the United States, and such lands
have otherwise no value for power purposes,
and are not occupied in trespass, the Commission determines that the value of such
lands so reserved or classified, or so applied
for or authorized, will not be injured or destroyed for the purposes of power development by location, entry, or selection under
the public land laws, subject to the reservation of section 24 of the Federal Water Power
Act (41 Stat. 1075; 16 U.S.C. 818).
(b) That when notice is given to the Secretary of the Interior of reservations made
under the provisions of section 24 of the Federal Water Power Act, such notice shall indicate what lands so reserved, if any, may, in
accordance with the determination of the
preceding paragraph, be declared open to location, entry, or selection, subject to the
reservation of said section 24. Second Annual
Report, page 128.

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