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obtain it directly from the recording stenographer at their expense.
shall be conducted as an adjudicatory hearing and may specify that all testimony to be received be given under oath, the right of cross-examination be allowed, motions appropriate to such proceedings be allowed, or other wise regulate the hearings and the conduct of the parties and their counsel.
$ 803.51 Adjournments.
The sponsor and all other persons wishing to be heard should be prepared to proceed on the date of the hearing. Application for adjournments will not be granted, except when good cause is shown.
Subpart D-Standards for Review
8 803.46 Presiding officer.
The hearing shall be conducted by the Commission or any member or designee of the Commission. The presiding officer shall have full authority to control the conduct of the hearing and make a record of the same.
SOURCE: 41 FR 43135, Sept. 30, 1976, unless otherwise noted.
$ 803.47 Memorandum of law or fact.
The presiding officer may request from participants or participants may on their own initiative provide a memorandum for the record to assure the proper evaluation of issues of law or fact identified in the hearing. The memorandum shall be provided by the participant to the Commission and the project sponsor within 15 days from the end of the hearing or such time as the presiding officer shall provide. Any such memoranda will be at the Commission's headquarters for inspection and copies will be available at the cost of reproduction.
$ 803.60 Purpose of this subpart.
The purpose of this subpart is to set forth standards that shall be used by the Commission to evaluate proposed projects pursuant to its authority detailed in 88 803.1 to 803.6. This subpart does not identify all the aspects of a proposed project that will be evaluated. Nor should it be construed as a self-imposed limitation upon the Commission's authority and scope of review. These standards shall be used for review of projects in conjunction with and in addition to the Compact, Comprehensive Plan, Water Resources Program, and appropriate regulations.
$ 803.48 Consolidation of hearings.
The Commission may order any two or more hearings involving a common or related question of law or fact to be consolidated for hearing on any or all the matters in issue in such hearings.
$ 803.49 Joint hearings.
The Commission may conduct hear ings in concert with any other agency of a signatory party.
8 803.61 Consumptive uses of water.
(a) Definitions. For purposes of this section the words listed below are defined as follows:
(1) Consumptive use. Water withdrawn from its source, via a man-made conveyance system, but not directly returned thereto making it unavailable for other water users.
(2) Dedicated augmentation. Release from an upstream storage facility which is intended for another instream or withdrawal use.
(b) Requirement. (1) Compensation shall be required for consumptive uses of water during periods of low flow. Compensation is required during periods of low flow for the purposes of protection of public health; stream quality control; economic development; protection of fisheries; recreation; dilution and abatement of pollution; the prevention of undue salinity: protection of the Chesapeake Bay; and
$ 803.50 Transcript.
A verbatim transcript of the hearing shall be kept by the Commission. A certified copy of the transcript and exhibits shall be available for review during business hours at the Commission's headquarters to anyone wishing to examine them. Anyone wishing to obtain a copy of the transcript of any hearing shall make arrangements to
other purposes as determined by the Commission. (2) Consumptive uses by a project not exceeding 20,000 gpd from a total withdrawal of less than 100,000 gpd from surface or groundwaters are exempt from the requirement unless such uses adversely affect the purposes outlined in paragraph (b)(1) of this section. (c) Method of compensation. (1) Methods of compensation acceptable to the Commission will depend upon the character of the project's Source of water supply and other factors noted below. (i) Stream source. Compensation in an amount equal to the project's total consumptive use shall be required when the stream flow at the point of taking equals or is anticipated to equal the low flow criterion which is the 7day 10-year low flow plus the project's total consumptive use and dedicated augmentation. The Commission reserves the right to apply a higher low flow criterion for a particular stream reach when it finds, as the result of evidence presented at a public hearing, that it is needed to serve the purposes outlined in paragraph (b)(1) of this section. (ii) Groundwater source. Compensation shall be required for consumptive use from aquifers hydraulically related to stream flows when the Stream flow is less than the applicable low flow criterion. For the purposes of implementing this regulation, withdrawals from limestone or unconsolidated alluvial aquifers shall be considered hydraulically related to surface stream flows. (iii) The required amount of Compensation shall be provided by the applicant or project sponsor at the point of taking or another appropriate site if satisfactory evidence is presented that the purposes outlined in paragraph (b)(1) of this section are not adversely affected thereby. If compensation is to be provided upstream from the point of taking such compensation shall maintain the flow downstream from the point of taking in the amount which would exist naturally, plus any other dedicated augmentation, were there no consumptive use by the proj
ect and no replacement therefor. Compensation may be provided by One, or a combination of the following: (a) Construction or acquisition of storage facilities. (b) Purchase of available Water supply storage in existing public or private storage facilities, or in public or private facilities scheduled for completion prior to completion of the applicant's project. (c) Purchase of water to be released as required from a water purveyor. (d) Releases from an existing facility owned and operated by the applicant. (e) Other alternatives. (2) Alternatives to compensation may be appropriate such as discontinuance of that part of the project's operation that consumes Water, imposition of conservation measures, or utilization of an alternative source that is unaffected by the compensation requirement. (3) The Commission shall, in its sole discretion, determine the acceptable alternatives to or manner of compensation for consumptive uses by a project. Such a determination will be made after considering the project location, anticipated amount of consumptive use and its effect on the purposes set forth in paragraph (b)(1) of this section, and any other pertinent factors. (d) Quantity of consumptive use. For purposes of evaluating a proposed project the Commission shall require estimates of anticipated consumptive use from the project sponsor. The Commission, as part of the project review, shall evaluate the proposed methodology for monitoring consumptive losses and compensating flows including flow metering devices, stream gages, and other facilities used to measure the consumptive use of the project or the rate of streamflow. If the Commission determines that additional flow measuring devices are required these shall be provided at the expense of the applicant and shall be subject to inspection by the Commission at any time. When the project is operational, the project sponsor shall be responsible for determining when compensation is required and shall notify the Commission immediately when compensation releases commence and cease. The project sponsor shall provide the Commission with periodic reports in the time and manner as it requires showing actual consumptive uses associated with the project. The Commission may use this data to modify, as appropriate, the magnitude and timing of the compensating releases initially required when the project was approved.
(e) Quality of Compensation Water. The physical, chemical and biological quality of water used for compensation shall at all times meet the quality
requirements for the purposes listed in paragraph (b)(1) of this section, as applicable.
(f) Effective Date. This section shall apply to all consumptive uses initiated since January 23, 1971. Any project that has initiated consumptive use after the effective date is subject to this requirement. Such users or projects which will begin consumptive uses in the near future must comply with the requirement within a time period to be set by the Commission for individual projects.
CHAPTER X—ADMINISTRATOREMERGENCY NATURAL GAS ACT OF 1977
1000 Regulations under the Emergency Natural Gas Act of 1977................................................................... 556
PART 1000-REGULATIONS UNDER
(7) "Antitrust laws" means the Sher
man Act (15 U.S.C. 1 et seq.), the ClayTHE EMERGENCY NATURAL GAS
ton Act (15 U.S.C. 12, 13, 14-19. 20. 21. ACT OF 1977
22-27), the Federal Trade Commission
Act (15 U.S.C. 41 et seq.), Sections 73 Sec. 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 Cochases under section 6 of Pub. L. No. 95
(9) "High priority use" means the 1000.5 Reporting requirements. 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 8 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.