CFR > Title 18 - Conservation of Power and Water Resources > CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY > SUBCHAPTER K—REGULATIONS UNDER THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 (parts 290 to 294) > PART 292—REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER PRODUCTION AND COGENERATION > SUBPART B—Qualifying Cogeneration and Small Power Production Facilities (§292.201 to §292.211) > 292.209—Exceptions from requirements for hydroelectric small power production facilities located at a new dam or diversion.

292.209—Exceptions from requirements for hydroelectric small power production facilities located at a new dam or diversion.

(a) The requirements in §§ 292.208(b)(1) through (3) do not apply if:
(1) An application for license or exemption is filed for a project located at a Government dam, as defined in section 3(10) of the Federal Power Act, at which non-Federal hydroelectric development is permissible; or
(2) An application for license or exemption was filed and accepted before October 16, 1986.
(b) The requirements in §§ 292.208(b) (1) and (3) do not apply if an application for license or exemption was filed before October 16, 1986, and is accepted for filing by the Commission before October 16, 1989.
(c) The requirements in § 292.208(b)(3) do not apply to an applicant for license or exemption if:
(1) The applicant files a petition pursuant to § 292.210; and
(2) The Commission grants the petition.
(d) Any application covered by paragraph (a), (b), or (c) of this section is excepted from the moratorium imposed by section 8(e) of the Electric Consumers Protection Act of 1986, Pub. L. No. 99-495.

Code of Federal Regulations

[Order 499, 53 FR 27003, July 18, 1988]