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10,�}ui f208UiC5tions `82 92 9-21-82 Reguiations ,951
<br /> issued under §4.31(c)(2) for the initial corrected at 4S F.R.6377(1/23/80),read as adapted to develop,conserve,and utilize in the carry out its plans,the Commission will inform ,
<br /> application. follows until it was amerded in 46 F.iL public interest ttie water resources of the the municipality or state of the specific reawas
<br /> (2) A nonce of intent to file a competing 9027(1/28/81),effective 2/27/81: region, taking into consideration the ability of why its plans are not as well adapted and
<br /> application for prehmtna:y permit may not be (d)Any competing application must: each applicant to carry out its plans, the afford a reasonable
<br /> ro project— period of time far the
<br /> submitted for any proposed ma;or iroca— (1) Be self-contained and conform to the Commission Will favor the municipality or municipality or state to render its plans at
<br /> existing dam,as defined in 4.50(bX5)of this requirements of paragraphs (a) and (b) of state;a least as well adapted as the other pians.If the
<br /> chapter, or any proposed minor water power §4.31; (4)If one of two applicants is a municipality plans of the municipality or state are rendered
<br /> project, as defined in §4,(,Qb}(4) of this (2) Include a detailed and complete or a state,and the other is not,and the plans at least as well adapted within the time
<br /> chapter, which uulizes an existing dam. Any statement of how the plans refected in the of the applicant who is not a municipality ora allowed, the Commission will favor the
<br /> campcung application for prebnlinary permit state are better adapted to develop,conserve,
<br /> competing application are as well adapted as municipality or state.
<br /> for o proposed major roject -existing dam or and utilize in the public interest the water
<br /> minor water wet or better adapted than the pians reflected m Subsection i
<br /> power protect which utilizes an resources o; the region, taking into O newly originated in 46
<br /> the initial application to develop, conserve,
<br /> existing dam must be submitted not tater than consideration the ability of each applicant to F.R.55235(11/9/81},effective 10/29/81.
<br /> 30 days after the last date for filing protests and utilize in the public interest the water i
<br /> and petitions to intervene prescribed in the resources of the reg on;and
<br /> public notice issued under §4.31(c)(2)of this (3)Include proof of service of a copy of the [71112,0341
<br /> chapter for the initial application, competing application on the person
<br /> Subsection (b), appaa.-ins in 44 F.R.
<br /> designated in the public notice of the initial §4.34 Bearings on applications.
<br /> a ication for service of pleadings,61328 (10/25/79), effective 11/26/79 and pp' p g The Commission may order a hearing on an application for a preliminary
<br /> corrected at 45 F.R.6377 125' 80),read as docur..ents,or communications concerning the
<br /> ( / / permit or a license, upon either its own motion or the motion of any party in
<br /> follows until it was nserded in 46 F.R. initis,application.
<br /> 9027(1/28/81),effective 2/27/81: Subsection (g), appearing in 44 F.R. interest. Any hearings will be limited to the issues prescribed by order of the
<br /> kb) Any notice of intent to submit a
<br /> 61328 (10/25/79), effective 11/26/79, and Commission.
<br /> cumpeting application for a preliminary corrected at 45 F.R.6377(1/28/811),read as
<br /> permit or a license that is filed under fotIowa until it was amended in 46 F.R. .0144 F.R.61328(October 25,1979).
<br /> Farag.aph ia)of this section must conform to 55245(11/9/81),effective 10/29/81: .05 Historical record.—Section 4.34 origi-
<br /> the requirements of §§1.:4, 1.I5, 1.16, and (g) If two or more applications for nated in Order 54, 44 F.R. 61328
<br /> 1.17 of this chapter,and must include: preliminary permits, or two or more (10/25/79),effective 11/26/79.
<br /> (1)The exact name and business address of applications for licenses (not including f
<br /> i
<br /> li ^
<br /> appcatons or a new license under section 15
<br /> the prospective applicant;and t i{ 1G,ts:i � CO
<br /> of the Federal Power Act)by applicants nolle
<br /> (2) An unequivocal statement of intent to c
<br /> submit an application for a preliminary permit of whom was a preliminary permittee whine §4.35 Arlendmerit Of application;date o.acceptance.
<br /> or a license,as appropriate. application for license was accepted for filing
<br /> within the permit period, are filed for proect (a) General rule. If an applicant amends its filed license or preliminary
<br /> Subsection(b),appearini in 45 F.R.9027 works which would develop, conserve, and permit application in order to chan,N the status or identity of the applicant or
<br /> (1/28/81),effective 2/27/31,read as follows utilize, in whole or in part, the same water materially amend the proposed pian of development, the Commission will
<br /> until it was amendzd is 46 F.R. 55245 resources, the Commission will select between charge tie date of acceptance of the application under§4.31(e)to the date on
<br /> (11/9/81),effective 10/29/81: or among the applicants on the following bases:
<br /> (b) Any notice of intent to submit a which the amendment is filed with the Commission and consider the amended
<br /> (I) If both of two applicants are either a
<br /> competing application for a preliminary municipality or a state,or neither of them is a application as a new filing for the p ur poses of din�sin g of com�tin g
<br /> permit or a license that is fired under applications under §4.33 and reissuing public notice of the application under
<br /> municipality or a state, the Commission will
<br /> paragraph(a)of this sectiar,trust conform to favor the applicant whose plans are Neuer §4.31(c)(2). This section does not apply to any corrections of deficiencies
<br /> the requirements of §§1.14, :.15, 1.16, and adapted to develop,conserve,and utilize in Lhe made pursuant to§4.31(d)(1).
<br /> 1.17 of this chapter,and must include: public interest the water resources of the
<br /> (1)The exact name, business address, and region,taking into consideration the ability of (b) Definitions, (1) For the purposes of this section, a material
<br /> telephone number of the prospective applicant; each applicant to carry out its pians; amendment to a pian of development proposed in an application for license
<br /> and (2) If both of two applicants are either a means any fundamental and significant change,including:
<br /> (2) An unequivocal statement of intent to municipality or a state,or neither of them is a
<br /> submit an application for a preliminary permit municipality or a state, and the plans of the (i) A change in the total estimated average annual energy production or
<br /> or a license,as appropriate, applicants are equally well adapted to develop, installed capacity of the proposed project;
<br /> Subsection (b), appearing in 46 F.R. conserve,and utilize in the public interest the
<br /> 55245 (11/9/81), effective :0/29/31, was water resources of the region, taking into (ii) A change to the location or size of the dam, the location of the
<br /> amended in 47 F.R. 19614 (5/3/82), consideration the ability of each applicant to powerhouse, or the size and elevation of the reservoir, any of which changes
<br /> effective 8/26/82,by rernovi.;% the words carry out its plans,the Commission will favor would enlarge, reduce, or relocate the area of the body of water between the
<br /> "must conform to the -r uircmoru of the appl,cant whose application was first farthest reach of the proposed impoundment and the point of discharge from
<br /> §§1.14, 1.15, 1.116,and i.17 of ais caapter, accepted for filing jsm§4.31(c)l; the powerhouse to be affected by the proposed project;or
<br /> and"where they appears after"4.104,". (3)If one of two applicants is a municipality
<br /> Subsection (d), an^.ezrirg in 44 F.R. or a state,and the other is not,and the plans (iii) A change in the number of discrete units of development to be
<br /> 61328 (10/25/79), effective 11/26/79 and of the municipality or state are at least as well included within the project boundary.
<br /> 112,033 §4.33 Federal Energy Guldc;s federal Energy Regulatory Commission §4.35 112,035
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