18 Cfr 4.40

Electronic Code of Federal Regulations (eCFR) Page 1 of 1

ELECTRONIC CODE OF FEDERAL REGULATIONS

e-CFR data is current as of May 14, 2021

Title 18 → Chapter I → Subchapter B → Part 4 → Subpart E → §4.40

Title 18: Conservation of Power and Water Resources

PART 4—LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF

PROJECT COSTS

Subpart E—Application for License for Major Unconstructed Project and Major Modified Project

§4.40 Applicability.

1. Applicability. The provisions of this subpart apply to any application for an initial license for a major unconstructed project that would have a total installed capacity of more than 5 megawatts, and any application for an initial or new license for a major modified project with a total installed capacity more than 5 megawatts. An applicant for license for any major unconstructed or major modified water power project that would have a total installed generating capacity of 5 megawatts or less must submit application under subpart G (§§4.60 and 4.61).

2. Guidance from Commission staff. A prospective applicant for a license for a major unconstructed project or major modified project may seek advice from the Commission's Office of Energy Projects regarding the applicability of this subpart to its project [see §4.32(h)], including the determinations whether any proposed repair, modification or reconstruction of an existing dam would result in a significant change in the normal maximum surface elevation of an existing impoundment, or whether any proposed change in existing project works or operation would result in a significant environmental impact.

[Order 184, 46 FR 55936, Nov. 13, 1981, as amended by Order 413, 50 FR 11683, Mar. 25, 1985; Order 499, 53 FR 27002, July 18, 1988; Order 2002, 68 FR 51119, Aug. 25, 2003]

Need assistance?

https://www.ecfr.gov/cgi-bin/text-idx?SID=ec8920cf7f3ab3d46c3a91e00101721d&mc=tru... 5/18/2021