CFR > Title 18 - Conservation of Power and Water Resources > CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY > SUBCHAPTER B—REGULATIONS UNDER THE FEDERAL POWER ACT (parts 4 to 50) > PART 4—LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT COSTS > SUBPART K—Exemption of Small Hydroelectric Power Projects of 5 Megawatts or Less (§4.101 to §4.108) > 4.105—Action on exemption applications.

4.105—Action on exemption applications.

(a) Exemption from provisions other than licensing. An application for exemption of a small hydroelectric power project from provisions of Part I of the Act other than the licensing requirement will be processed and considered as part of the related application for license or amendment of license.
(b) (1) Consultation. The Commission will circulate a notice of application for exemption from licensing to interested agencies and Indian tribes at the time the applicant is notified that the application is accepted for filing.
(2) Non-standard terms and conditions. In approving any application for exemption from licensing, the Commission may prescribe terms or conditions in addition to those set forth in § 4.106 in order to:
(i) Protect the quality or quantity of the related water supply;
(ii) Otherwise protect life, health, or property;
(iii) Avoid or mitigate adverse environmental impact; or
(iv) Better conserve, develop, or utilize in the public interest the water resources of the region.

Code of Federal Regulations

(Energy Security Act of 1980, Pub. L. 96-294, 94 Stat. 611; Federal Power Act, as amended ( 16 U.S.C. 792-828c ); Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601-264 5); and the Department of Energy Organization Act ( 42 U.S.C. 7101-735 2); E.O. 12009, 3 CFR 142 (1978))

Code of Federal Regulations

[Order 106, 45 FR 76123, Nov. 18, 1980, as amended by Order 202, 47 FR 4246, Jan. 29, 1982; Order 413, 50 FR 11688, Mar. 25, 1985; Order 533, 56 FR 23154, May 20, 1991]