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shall be conducted as an adjudicatory obtain it directly from the recording hearing and may specify that all testi- stenographer at their expense. mony to be received be given under oath, the right of cross-examination 8803.51 Adjournments. be allowed, motions appropriate to
The sponsor and all other persons such proceedings be allowed, or other wishing to be heard should be prewise regulate the hearings and the pared to proceed on the date of the conduct of the parties and their coun- hearing. Application for adjournments sel.
will not be granted, except when good
cause is shown. 8 803.46 Presiding officer.
The hearing shall be conducted by Subpart D-Standards for Review the Commission or any member or designee of the Commission. The pre
SOURCE: 41 FR 43135, Sept. 30, 1976, siding officer shall have full authority
unless otherwise noted. to control the conduct of the hearing and make a record of the same.
$ 803.60 Purpose of this subpart. $ 803.47 Memorandum of law or fact.
The purpose of this subpart is to set
forth standards that shall be used by The presiding officer may request the Commission to evaluate proposed from participants or participants may projects pursuant to its authority deon their own initiative provide a tailed in 88 803.1 to 803.6. This subpart memorandum for the record to assure
does not identify all the aspects of a the proper evaluation of issues of law
proposed project that will be evaluator fact identified in the hearing. The
ed. Nor should it be construed as a memorandum shall be provided by the self-imposed limitation upon the Comparticipant to the Commission and the
mission's authority and scope of project sponsor within 15 days from
review. These standards shall be used the end of the hearing or such time as
for review of projects in conjunction the presiding officer shall provide. with and in addition to the Compact, Any such memoranda will be at the
Comprehensive Plan, Water Resources Commission's headquarters for inspec- Program, and appropriate regulations. tion and copies will be available at the cost of reproduction.
$ 803.61 Consumptive uses of water. $ 803.48 Consolidation of hearings.
(a) Definitions. For purposes of this
section the words listed below are deThe Commission may order any two
fined as follows: or more hearings involving a common
(1) Consumptive use. Water withor related question of law or fact to be
drawn from its source, via a man-made consolidated for hearing on any or all
conveyance system, but not directly the matters in issue in such hearings.
returned thereto making it unavail$ 803.49 Joint hearings.
able for other water users.
(2) Dedicated augmentation. Release The Commission may conduct hear from an upstream storage facility ings in concert with any other agency which is intended for another inof a signatory party.
stream or withdrawal use.
(b) Requirement. (1) Compensation $ 803.50 Transcript.
shall be required for consumptive uses A verbatim transcript of the hearing of water during periods of low flow. shall be kept by the Commission. A Compensation is required during pericertified copy of the transcript and ex ods of low flow for the purposes of hibits shall be available for review protection of public health; stream during business hours at the Commis quality control; economic developsion's headquarters to anyone wishing ment; protection of fisheries; recreato examine them. Anyone wishing to tion; dilution and abatement of polluobtain a copy of the transcript of any tion; the prevention of undue salinity; hearing shall make arrangements to protection of the Chesapeake Bay; and
other purposes as determined by the ect and no replacement therefor. ComCommission.
pensation may be provided by one, or (2) Consumptive uses by a project a combination of the following: not exceeding 20,000 gpd from a total (a) Construction or acquisition of withdrawal of less than 100,000 gpd storage facilities. from surface or groundwaters are (6) Purchase of available water exempt from the requirement unless supply storage in existing public or such uses adversely affect the pur private storage facilities, or in public poses outlined in paragraph (b)(1) of or private facilities scheduled for comthis section.
pletion prior to completion of the ap(c) Method of compensation. (1) plicant's project. Methods of compensation acceptable (c) Purchase of water to be released to the Commission will depend upon as required from a water purveyor. the character of the project's source (d) Releases from an existing facility of water supply and other factors owned and operated by the applicant. noted below.
(e) Other alternatives. (i) Stream source. Compensation in
(2) Alternatives to compensation an amount equal to the project's total
may be appropriate such as disconconsumptive use shall be required
tinuance of that part of the project's when the stream flow at the point of operation that consumes water, impotaking equals or is anticipated to equal sition of conservation measures, or utithe low flow criterion which is the 7
lization of an alternative source that is day 10-year low flow plus the project's unaffected by the compensation retotal consumptive use and dedicated quirement. augmentation. The Commission re
(3) The Commission shall, in its sole serves the right to apply a higher low
discretion, determine the acceptable flow criterion for a particular stream alternatives to or manner of compenreach when it finds, as the result of
sation for consumptive uses by a projevidence presented at a public hearing, ect. Such a determination will be made that it is needed to serve the purposes after considering the project location, outlined in paragraph (b)(1) of this
anticipated amount of consumptive section.
use and its effect on the purposes set (ii) Groundwater source. Compensa forth in paragraph (b)(1) of this section shall be required for consumptive tion, and any other pertinent factors. use from aquifers hydraulically relat
(d) Quantity of consumptive use. ed to stream flows when the stream
For purposes of evaluating a proposed flow is less than the applicable low
project the Commission shall require flow criterion. For the purposes of im estimates of anticipated consumptive plementing this regulation, withdraw
use from the project sponsor. The als from limestone or unconsolidated
Commission, as part of the project alluvial aquifers shall be considered
review, shall evaluate the proposed hydraulically related to surface stream
methodology for monitoring consumpflows.
tive losses and compensating flows in(iii) The required amount of com cluding flow metering devices, stream pensation shall be provided by the ap gages, and other facilities used to plicant or project sponsor at the point measure the consumptive use of the of taking or another appropriate site if project or the rate of streamflow. If satisfactory evidence is presented that the Commission determines that addithe purposes outlined in paragraph tional flow measuring devices are re(b)(1) of this section are not adversely quired these shall be provided at the affected thereby. If compensation is to expense of the applicant and shall be be provided upstream from the point subject to inspection by the Commisof taking such compensation shall sion at any time. When the project is maintain the flow downstream from operational, the project sponsor shall the point of taking in the amount be responsible for determining when which would exist naturally, plus any compensation is required and shall other dedicated augmentation, were notify the Commission immediately there no consumptive use by the proj. when compensation releases com
mence and cease. The project sponsor requirements for the purposes listed in shall provide the Commission with pe paragraph (b)(1) of this section, as apriodic reports in the time and manner plicable. as it requires showing actual consump (f) Effective Date. This section shall tive uses associated with the project. apply to all consumptive uses initiated The Commission may use this data to since January 23, 1971. Any project modify, as appropriate, the magnitude that has initiated consumptive use and timing of the compensating re after the effective date is subject to leases initially required when the proj this requirement. Such users or proect was approved.
jects which will begin consumptive (e) Quality of Compensation Water. uses in the near future must comply The physical, chemical and biological with the requirement within a time quality of water used for compensa period to be set by the Commission for tion shall at all times meet the quality individual projects.
CHAPTER X-ADMINISTRATOREMERGENCY NATURAL GAS ACT OF 1977
Regulations under the Emergency Natural Gas
Act of 1977..
PART 1000-REGULATIONS UNDER
(7) "Antitrust laws" means the SherTHE EMERGENCY NATURAL GAS man Act (15 U.S.C. 1 et seq.), the Clay
ton Act (15 U.S.C. 12, 13, 14-19, 20, 21, ACT OF 1977
22-27), the Federal Trade Commission Sec.
Act (15 U.S.C. 41 et seq.), Sections 73 1000.1 Definitions.
and 74 of the Wilson Tariff Act (15 1000.2 Organizational structure for the ad
U.S.C. 8-9), and the Act of June 19, ministration of Pub. L. No. 95-2.
1936, Chapter 592 (15 U.S.C. 13, 13a, 1000.3 Details for daily and weekly consul 13b, and 21a), and similar state laws.
tation through conference procedures. (8) "State" means any state of the 1000.4 General criteria for emergency pur United States and the District of Co
chases under section 6 of Pub. L. No. 95- lumbia.
2. 1000.5 Reporting requirements.
(9) "High priority use" means the 1000.6 Emergency use exemptions.
use of natural gas in a residence; or 1000.7 Emergency supplies.
the use of natural gas in a commercial 1000.8 Purchaser qualification for emer
establishment in amounts of less than gency purchases.
50 Mcf on a peak day; or any other use 1000.9 Allocation of charges for emergency of natural gas the termination of purchases.
which the President determines would AUTHORITY: Pub. L. 95-2 and authority endanger life, health or maintenance delegate to the Administrator by the Presi- of physical property. dent in Executive Order 11969.
(10) “Effective FPC curtailment SOURCE: 42 FR 21104, Apr. 25, 1977, unless plan” means any plan by which an inotherwise noted.
terstate pipeline curtailed deliveries to
its customers during the period of the § 1000.1 Definitions.
Act whether or not such plan has been
finally approved by the FPC. (a) When used in this part, unless (11) "Billing period” means the calthe context otherwise requires:
endar month or similar period on (1) "Act" means the Emergency Nat
which an interstate pipeline bills its ural Gas Act of 1977, Pub. L. No. 95-2,
customers in accordance with its tariff 91 Stat. 4.
on file with the FPC. (2) "Administrator" means the indi
(12) "Section 6 gas” means any and vidual delegated by the President of
all natural gas purchased pursuant to the United States to implement the
the authority of Section 6(a) of the Act.
Act. (3) "Interstate Pipeline" means any natural gas company which is engaged [42 FR 21104, Apr. 25, 1977, as amended at in the transportation of natural gas by
42 FR 22146, May 2, 1977) pipeline as defined in section 2(b) of the Natural Gas Act. (15 U.S.C. 717a).
§ 1000.2 Organizational structure for the (4) “Intrastate pipeline" means any
administration of Pub. L. 95–2. person (other than an interstate pipe (a) The decisional responsibility and line) engaged in the transportation by the legal actions to be taken under pipeline of natural gas.
Pub. L. No. 95-2 are those of the Ad(5) "Interstate natural gas" means ministrator and not those of any nonnatural gas (other than natural gas governmental personnel. transported pursuant to a transporta (b) Participation of non-governmention certificate issued under 18 CFR tal personnel in the personnel groups 2.79) transported by an interstate established herein is for information pipeline in a facility which is certifi data gathering and general advisory cated under the Natural Gas Act or purposes only. which would be required to be certifi (c) The consultation group shall be cated but for section 1(c) of such Act. composed of the following persons:
(6) "Local distribution company" (1) Governmental representatives to means any person (including a Gov be designated by the Attorney Generernmental entity) which receives natu al, the Secretaries of the Interior and ral gas for local distribution and resale Agriculture, the Federal Trade Comto natural gas users.
mission, the Administrator of the Fed