should be segregated by principal features, showing quantities, etc., in suficient detail for a full understanding of the elements of the cost thereof. Both statements shall include lands, flowage and other rights, intangible, indirect, overhead, and contingent costs. The statement of cost of projects already constructed is for the information of the Commission and is not to be confused with the detailed inventory and statement of cost, depreciation, etc., to be filed later.

Exhibit O. Detailed statement of the time desired for beginning and completing additional construction, if any. If the additional construction is to be completed and put in operation in two or more parts, the time desired for beginning and completing the construction of each part shall be given.

CROSS REFERENCES: For determination of fair value of constructed projects, under section 23 (a) of the act, see §§ 4.10 to 4.14, inclusive. For determination of cost of constructed projects not subject to section 23 (a) of the act, see §§ 4.20 to 4.25, inclusive.

§ 4.51 Additional exhibits. The following additional exhibits shall be furnished:

Exhibit P. A statement of the nature and character of the permit, right-of-way, or other authority, if any (see sec. 23 (a), 49 Stat. 846; 16 U. S. C. 816), claimed to be held by the applicant. This statement shall be accompanied by copies of or appropriate references to the legislative authority, if any, by or under which such permit, rightof-way, or authority was acquired, and if granted by an instrument in writing, certified copy of such instrument, or in lieu thereof, if such a copy is of record in any department of the United States Government at Washington, a statement to that effect and reference thereto.

Exhibit Q. A statement setting forth a brief history of the project works already constructed, giving time of commencement and of completion of construction of the several parts thereof, date of commencement of operation, and method of financing.

CROSS REFERENCE: For specifications for drawings, see § 4.42.

APPLICATION FOR LICENSE FOR MINOR
PROJECT

§ 4.60 Contents. Each application for a license for a complete project having installed capacity of 100 horsepower or less, or for part of such project, whether constructed or to be constructed, shall conform to § 131.6 of this chapter. Unless otherwise specified, an original and three copies of the application and of all accompanying exhibits shall be submitted, with one additional copy for each interested State commission. Where the project is located in whole or in part within a national forest, the application

may be filed either with the Federal Power Commission or with a regional forester of the national forest region within which the project is located. Additional information will be requested by the Commission when desired. APPLICATION FOR LICENSE FOR TRANSMISSION LINE ONLY

§ 4.70 Contents. Each application for license for transmission line only shall be verified, shall conform to § 131.5 of this chapter, and shall set forth in appropriate detail the following information in the order indicated. Unless otherwise specified, the application and all accompanying documents shall be submitted in quadruplicate, with one additional copy for each interested State commission.

(a) The exact name of the applicant.

(b) If the applicant is a corporation, the State or Territory under the laws of which the applicant was organized, and if authorized to operate in more than one State; all pertinent facts should be stated.

(c) A concise general description of the transmission line or lines.

(d) The location of the project, designating the State and county, and the lands of the United States and reservations which will be affected.

(e) The proposed use or market for the power to be transmitted.

(f) The name, title, and post-office address of the person to whom correspondence in regard to the application shall be addressed.

§ 4.71 Required exhibits. There shall be filed with the application and as a part thereof the following exhibits, certified in conformity with § 131.4 of this chapter.

Exhibits A, B, C, and D. As prescribed by §§ 4.40 to 4.42, inclusive, for applications for licenses for proposed major projects.

Exhibits J and K. Maps conforming to the requirements of §§ 4.40 to 4.42, inclusive, for applications for proposed major projects, insofar as said requirements are applicable to transmission lines. If the application covers only part of a transmission system, exhibit J shall show the connection to the nearest substations or main transmission lines through which the project line obtains and delivers its energy and either the general map or a small key map shall show the relation of the project to the main transmission system of the applicant in that region and to any previously licensed portions of said system. In exhibit K it is necessary to

furnish detailed information for only those parts of the line or lines which cross lands of the United States, it being understood that the Commission reserves the right to call for similar information with respect to other lands if deemed essential. For short lines exhibits J and K may be combined in one map.

Exhibit M. General description and specifications of the transmission line and appurtenances in sufficient detail for a full understanding of the project and for a determination of the safety and suitability of the project works.

Exhibit N. Estimate of cost of the project. Exhibit O. Statement of time desired for beginning and completing construction of the project.

Exhibit P. (Projects already constructed.) A statement of the nature and character of the permit, right-of-way, or other authority, if any (see sec. 23 (a) of the act), claimed to be held by the applicant. This statement shall be accompanied by copies of or appropriate references to the legislative authority, if any, by or under which such permit, rightof-way, or authority was acquired, and if granted by an instrument in writing, certified copy of such instrument, or in lieu thereof, if such a copy is of record in any department of the United States Government at Washington, a statement to that effect and reference thereto.

Exhibit Q. (Projects already constructed.) A statement setting forth a brief history of the project works already constructed, giving time of commencement and of completion of construction of the several parts thereof and date of commencement of operation.

NOTE: A general favorable determination was made by the Commission April 17, 1922, covering transmission line project lands. See Note 1 to 25.2 of this chapter.

$4.75 Application for license for electric lines (11,000 volts or less) in national forests. On October 13, 1936, the Commission ordered:

the

That applications duly filled with United States Forest Service on Forest Service special-use application, form 866, for permits for the use of Forest Service lands for, electric lines to operate at 11,000 volts or less shall be deemed to constitute applications for minor-part licenses for the construction, maintenance, and operation of such lines under the Federal Power Act;

That the issuance of a special-use permit by the Forest Service pursuant to an application of the aforementioned character, when two duplicate original copies of such application and special-use permit shall have been filled with the Commission within 60 days after the issuance of such permit, shall constitute prima facie evidence of the right of such applicant under the Federal Power Act to receive the license applied for and to Occupy the required lands pending action by the Commission on the application;

That reasonable annual charges as fixed by the Commission for recompensing the United States for the use, occupancy, and enjoyment of its lands, shall be paid to the United States through the Commission at the end of each calendar year or within 30 days thereafter, upon bills rendered or approved by the Commission, such charges to begin as of date of the approval of the application by the Secretary of Agriculture.

CROSS REFERENCES: For application for 11cense for proposed major project or minor part thereof, see § 4.40. For regulations of the Forest Service relating to applications for preliminary permits on licenses involving the use of Government land for water-power projects or transmitting lines, see 36 CFR 211.5. For regulations of the Forest Service relating to special-use permits, see 36 CFR 251.1 to 251.3, inclusive.

APPLICATION FOR PRELIMINARY PERMIT AND AMENDMENTS THEREOF

§ 4.80 Who may file. Any citizen, association of citizens, corporation, State, or municipality desirous of obtaining a license pursuant to the act for a project of more than 100 horsepower installed capacity may make application for the issuance of a preliminary permit for the purpose of enabling applicant to secure the data and perform the acts required by law for filing an application for the issuance of a license.

§ 4.81 Manner of filing. Applications for preliminary permits shall conform to the requirements of §§ 4.80 to 4.86, inclusive, and § 1.15 of this chapter. When an application which is complete and in satisfactory form is received, it will be given a filing number, receipt thereof will be acknowledged to the applicant, and notices will be given in accordance with the requirements of section 4 of the act. Notice will also be given to the Bureau of Land Management as to the public lands affected, if any, so that withdrawals from entry may be recorded. When an application is received which is not complete in all respects, but which contains all information essential for the issuance of public notice and other initial action, it may be accepted for filing but the applicant will be required to furnish the missing data prior to further consideration. Failure to furnish such data within a reasonable time will constitute grounds for rejection of the application.

CROSS REFERENCE: For regulations of the Bureau of Land Management relating to withdrawal, see 43 CFR 295.1.

§ 4.82 Contents of application. Each application for preliminary permit shall

be submitted as prescribed in § 131.10 of this chapter, and shall set forth in appropriate detail the following information in the order indicated. Unless otherwise specified, the application and all accompanying documents shall be submitted in quadruplicate, with one additional copy for each interested State commission.

(a) The exact name and address of the applicant. (If the applicant desires that correspondence concerning the application be directed to any person other than the one who signs the application, the Commission should be notified of that fact and of the name and address of such other person by a statement indicating that such other person is authorized to act as agent, and that service upon him will be deemed to be service upon the applicant.)

(b) If the applicant is a corporation, the State or Territory under the laws of which the applicant was organized, and if authorized to operate in more than one State, all pertinent facts should be stated.

(c) The measure of control or ownership, if any, exercised by or over applicant in any other organization.

(d) The name of each State in which the applicant operates or proposes to operate electric power plants or facilities.

(e) The location of the project, the region of its location designated by adjacent cities and towns, the name of the stream on which the proposed project will be located, and a statement of the extent to which commerce is carried thereon.

(f) The lands of the United States which will be affected by the proposed project.

(g) A concise general description of the project and the proposed scheme of development, including an estimate of the power available for 90 percent of the time and the proposed installed capacity expressed in horsepower.

(h) The proposed use or market for the power to be developed, indicating whether applicant is a public utility or will become a public utility, and if so, whether it is or will be subject to regulation by State agency. In case the applicant can give no positive assurance that there is or will be a demand for the power upon completion of construction of the project, and that it will be used or distributed by the applicant or sold

to others for use or distribution, a full and complete statement and explanation shall be made of the applicant's expectations in this regard and of the basis therefor.

(1) The location and capacity of all power plants owned or operated by the applicant; the market supplied thereby and the relation thereof to the project applied for, and a brief description of such other plants.

(j) Such further data as the applicant may consider pertinent.

(k) (Required exhibits.) There shall be filed with the application and as a part thereof the following exhibits, certified in conformity with § 131.4 of this chapter.

Exhibit A. If the applicant is a corporation: One copy of charter or certificate, and articles of incorporation, with all the amendments thereto, duly certified by the secretary of state of the State where organized, or other proper authority, and three uncertified copies; one copy of the by-laws, duly certified, and three uncertified copies; and a certificate of organization in quadruplicate as provided in § 131.3 of this chapter. If the project is located in another State than that in which the corporation is organized, a certificate and three copies thereof shall be submitted from the secretary of state or other proper authority of the State in which the project is located, showing compliance with the laws relating to foreign corporations.

If the applicant is a State: Copies of the laws under authority of which the application is made, or reference thereto.

If the applicant is a municipality as defined in the Federal Power Act: One copy of its charter or other organization papers, duly certified by the secretary of state of the State in which it is located, or other proper authority, and three uncertified copies. Copies of, or reference to, the State laws authorizing the operations contemplated by the application.

If the applicant is a natural person: An affidavit by each applicant that he is a citizen of the United States and three copies thereof. (See § 131.10 of this chapter.)

If the applicant is an association: The association shall submit a verified copy of its articles of association, and three additional copies thereof. If there are no articles of association, that fact shall be stated over the signature of each member of the association and an original and three copies shall be submitted. A complete list of members and a statement of the citizenship of each must be given in an affidavit by one of them, together with three copies. (See § 131.10 of this chapter.)

Exhibit B. A copy of all minutes, resolutions of stockholders or directors, or other representatives of the applicant authorizing the filing of application, one copy properly attested, and three additional copies.

Exhibit C. Statement of nature and amount of data available, such as surveys, maps, plans, stream measurements, foundation explorations, etc., and of work already performed, including preliminary construction activities, such as clearing, road building, etc.

Exhibit D. Statement of nature and amount and estimated cost of work proposed to be performed under the preliminary permit, such as surveying, preparation of maps, plans, measurement of streams, exploration of foundations, or preliminary construction. Exhibit E. Statement of nature, extent, and ownership of water rights which applicant contemplates using in the development of the project; also statement of applicant's plans with reference to perfecting water rights.

Exhibit F. Statement of ownership of lands which applicant contemplates using in the development of the project, also statement of applicant's plans with reference to acquiring lands or rights of occupancy and use thereof.

Exhibit G. Statement containing such data as the applicant desires to supply as to his ability to finance the preliminary work as well as the project applied for.

Exhibit H. A general map showing the nature of the proposed project, its principal features and their location, and the location of the project as a whole with reference to some well-known town or stream. On this map shall be placed a line indicating the approximate project boundary of the area to be occupied by the principal project works, such as, dams, reservoirs, forebays, waterways, and powerhouses, but excluding transmission lines, and if necessary in order to determine location of the project on the ground, there shall be shown on the map the approximate distances and bearings of points on the project boundary from natural objects or permanent monuments that can be readily found or recognized from descriptions thereof noted on the map, such points to be located at sufficiently frequent intervals to serve such purposes. If the project is on land covered by public land survey, such distances and bearings shall be shown from the nearest existing corners of such survey. (One tracing and four blue prints. See specifications for drawings. § 4.42.)

Exhibit I. This exhibit shall be submitted only if public lands or reservations are affected and shall be a map of the proposed project showing principal project works in a manner similar to the preceding exhibit H, except that such map shall show and shall be on a scale to present effectively the project boundary which shall be the line enclosing all quarter-quarter sections, lots, and other smallest legal subdivisions of public land survey which may be occupied or used in whole or in part by the project. It shall also show the status of lands, indicating separately lands patented, lands entered or otherwise embraced in any unperfected claim under the public land laws, unreserved pub

lic lands, and lands of each and every reservation affected. (One tracing and four blue prints. See specifications for drawings, § 4.42. If desired a single map may be submitted for exhibits H and I, provided it shows all the Information required for both.)

§4.83 Hearings on applications. Hearings upon applications may be ordered by the Commission, in its discretion, either upon its own motion or upon the motion of any party in interest, and such proceeding shall be in accordance with the provisions of § 1.20 of this chapter.

§ 4.84 Amendments. Applications for amendments of preliminary permits shall follow the form prescribed for original applications, as far as applicable. If an application for an amendment embraces sites or areas not covered by the original permit, notice of such application will be given in the manner required for the original application. Unless otherwise specified, four copies of the application and all accompanying documents shall be submitted.

§ 4.85 Issuance. When the issuance of a preliminary permit or amendment thereof shall have been authorized by the Commission, a draft thereof, in triplicate will be submitted to the applicant for acceptance; and upon acceptance, such permit or amendment will be issued by the Commission, and service will be made upon all parties in interest in accordance with § 1.17 of this chapter. If not accepted within 60 days after receipt thereof, the authorization therefor will be void unless an extension of the period is granted by the Commission upon a showing of the necessity therefor.

§ 4.86 Construction work under permit. Upon a satisfactory showing of reasons therefor, the Commission may authorize permittees to perform such construction work as may be necessary to maintain water rights under State law, or as may be desirable in preparation for the construction of project works; but the granting of such authority shall not be deemed to have created any equities or to have established any rights beyond what would have been created or established had such authority not been given.

PART 5-APPLICATION FOR AMEND-
MENT OF LICENSE
Sec.
Amendment of license.
Amendment of plans.

5.1

5.2

AUTHORITY: §§ 5.1 to 5.3, inclusive, issued under sec. 13, 41 Stat. 1071, secs. 6, 10 (b), 309, 49 Stat. 841, 842, 858; 16 U. S. C. 806, 799, 803 (b), 825h.

SOURCE: §§ 5.1 to 5.3, inclusive, contained in Order 141, Federal Power Commission, Dec. 11, 1947, effective Jan. 1, 1948, 12 F.R. 8491.

§ 5.1 Amendment of license. Where a licensee desires to make a change in the physical features of the project or its boundary, and/or make an addition or betterment and/or abandonment or conversion, of such character as to constitute an alteration of the license, application for an amendment of the license shall be filed with the Commission, fully describing the changes licensee desires to make. If, after consideration of an application for amendment of the license, the Commission is of the opinion that the contemplated changes are of such character as to constitute a substantial alteration of the license, public notice of such application shall be given by an advertisement made at least 30 days prior to action upon the application. Application for amendment of license shall be submitted in quadruplicate, with one additional copy for each interested State commission, in accordance with § 131.30 of this chapter and verified.

§ 5.2 Amendment of plans. Application for amendment of plans for a project under license shall be filed with the Commission, fully describing the changes licensee proposes to make. (See note to § 131.30 of this chapter.)

§ 5.3 Extension of time. Application for extension of time fixed in the license for commencement or completion of construction of project works shall be filed with the Commission not less than 3 months prior to the date or dates so fixed. (Follow § 131.30 of this chapter.)

§ 6.1 Application for surrender. Every application for surrender of a license shall state the reason therefor; and, except in the case of an application for surrender of a license for a minor project, or for a transmission line only, shall be executed by the licensee and filed in the same form and manner as the application for license; and be accompanied by the license and all amendments thereof.

CROSS REFERENCES: For application for 11cense, general provisions, see §§ 4.30 to 4.33, inclusive, of this chapter. For application for license for proposed major project or minor part thereof, see §§ 4.40 to 4.42, inclusive, of this chapter. For application for license for constructed major project or minor part thereof, see §§ 4.50 and 4.51 of this chapter. For forms for application for licenses, see §§ 131.2 to 131.6, inclusive, of this chapter.

§ 6.2 Surrender of license. Licenses may be surrendered only upon the fulfillment by the licensee of such obligations under the license as the Commission may prescribe, and, if the project works authorized under the license have been constructed in whole or in part, upon such conditions with respect to the disposition of such works as may be determined by the Commission.

§ 6.3 Termination of license. Licenses may be terminated by written order of the Commission not less than 90 days after notice thereof shall have been mailed to the licensee by registered mail to the last address whereof the Commission has been notified by the licensee, if there is failure to commence actual construction of the project works within the time prescribed in the license, or as extended by the Commission. Upon like notice, the authority granted under a license with respect to any separable part of the project works may be terminated if there is failure to begin construction of such separable part within the time prescribed or as extended by the Commission.

§ 6.4 Termination by implied surrender. If any licensee holding a license subject to the provisions of section 10 (1) of the act shall cause or suffer essential project property to be removed or destroyed, or become unfit for use, without replacement, or shall abandon, or shall discontinue good faith operation of the project for a period of three years, the Commission will deem it to be the intent of the licensee to surrender the license;