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 filed 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 license 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 251.1-251.4. 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 4.86 and §§ 1.801.85. 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 General Land Office 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.*t CROSS REFERENCE: For regulations of the General Land Office relating to withdrawal, see 43 CFR 295.1. 4.82 Contents of application. Each application for preliminary permit shall be submitted as prescribed in § 200.10 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. (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 *For statutory citation, see note to § 4.20. For source citation, see note to § 4.1. Page 33 [33] 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. (i) 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. 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 § 200.4. 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 in § 200.3. 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. Page 34 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 § 200.10.) 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 $ 200.10.) 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 Page 35 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 public 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 §§ 1.150-1.155.*† 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 §§ 1.90-1.94. 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.*t Page 36 *For statutory citation, see note to § 4.20. PART 5-APPLICATION FOR AMENDMENT OF LICENSE Sec. 5.1 Amendment of license. 5.2 Amendment of plans. Sec. 5.3 Extension of time. Section 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 an 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. Applications for amendment of license shall be submitted in quadruplicate in accordance with § 200.30 and verified.*† *88 5.1 to 5.3, inclusive, issued under the authority contained in secs. 301 (b), 308, 309, 49 Stat. 854, 858; 16 U.S.C., Sup., 825 (b), 825g, 825h: interpret sec. 10 (b), 49 Stat. 842; 16 U.S.C., Sup., 803 (b). †In 88 5.1 to 5.3, inclusive, the numbers correspond with the respective section numbers in Rules of practice and regulations, Federal Power Commission, June 1, 1938. 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 § 200.30.)*+ 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 § 200.30.)*+ PART 6-SURRENDER OR TERMINATION OF LICENSE Sec. 6.1 Application for surrender. Sec. 6.4 Termination by implied surrender. 6.5 Annual charges. Section 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.**tt **§§ 6.1 to 6.5, inclusive, issued under the authority contained in secs. 301 (b), 308, 309, 49 Stat. 854, 858; 16 U.S.C., Sup., 825(b), 825g, 825h; interpret sec. 6, 49 Stat. 841; 16 U.S.C., Sup., 799. ††In 88 6.1 to 6.5, inclusive, the numbers correspond with the respective section numbers in Rules of practice and regulations, Federal Power Commission, June 1, 1938. CROSS REFERENCES: For application for license, general provisions, see §§ 4.30 -4.33. For application for license for proposed major project or minor part **For statutory and source citations, see note to § 5.1. Page 37 |