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83 5-18.82 Regulations 10, 71 Subpart D—Application for Prciiminzry Permit or License: General Provisions li 12,0301 §4.30 Wha may file, (a) Any citizen, association of citizens, domestic corpor—on, municipaiity, or state may apply for a prelirninary permit or a license for a water power project under Part 1 of the Federal Power Acta (b) The Cominission will not accept an appiication for a preliminary permit for project works that: (1) Are licensed at the time of the appiication or are authorized by law for Federal development;or (2) Would develop, conserve, a,� utilize, in who:e or :n part, the sa.zne ;pater resources that would be developed, conserved and utilized by a protect for which there is either an unexpired preliminary permit or an accepted application for license. (c) The Commission will not accept an appiication for a license for project works that: (1) Are licensed at the time of the application or are authorized by taw for Federal development;or (2) Would develop, conserve, ar.4 utii.Lc, in whose or In part, the same water resources that would be dev6)peu, comervec., an--' util':zed by a project for which there is an unexpired preliminary permit, ,rn'css the permittee has su Fritted an application for license or has notified the Commission that it has determined not to seek a license. (d) Any citizen, association o: citizens, domestic "corporation, municipality, or state which has or intends to obtain, a,d will maintain, any proprietary right necessary to construe:, operate, or maintain a water power protect for which an application for a preliminary permit or license is filed, should be identified as an applicar. sura doc, :. e:,,s. .01 Subsections (a)-(c), 44 F.R. 61328 (a/:8?54)and w:=_arzec rd in Order 53.4+4 (October 25, 1979); subsection (d), 46 P.R. F.R.61:21;;(10/29/79),effective 11/26/79. 55245(November 9,1981). Subsection (d) newly originated in 46 .05 Historical records.—Section 4.30 F.R.55245(11 J9 J8:),effective 10/29/81. originated in Order 175, 19 F.R. 5218 L ii 12,u411 §4.31 Acceptance for filing or rejection. (a)Each application for a preuminary permit or a license must: (1) [Reserved; (2) Contain the information and documents prescribed in the following sections of this chapter,according to the type of application: (i)Preliminary permit: §4.81; (ii) License for a minor water power project and major water power prc;ects 5 megawatts or less: §§4.60 and 4.61; ral Enaray 7teaulaw.-i Cammluion 4.:,1 C 12,0ZI ooa-z3