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 otherwise regulate the hearings and the conduct of the parties and their counsel.

§ 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.

§ 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.

§ 803.48 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 hearings in concert with any other agency of a signatory party.

§ 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

obtain it directly from the recording stenographer at their expense.

§ 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

SOURCE: 41 FR 43135, Sept. 30, 1976, unless otherwise noted.

§ 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 §§ 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.

§ 803.61 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

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 com

mence 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.

1000.2 Organizational structure for the administration of Pub. L. No. 95-2. 1000.3 Details for daily and weekly consultation through conference procedures. 1000.4 General criteria for emergency purchases under section 6 of Pub. L. No. 952.

1000.5 Reporting requirements. 1000.6 Emergency use exemptions. 1000.7 Emergency supplies.

1000.8 Purchaser qualification for emergency purchases.

1000.9 Allocation of charges for emergency purchases.

AUTHORITY: Pub. L. 95-2 and authority delegate to the Administrator by the President in Executive Order 11969.

SOURCE: 42 FR 21104, Apr. 25, 1977, unless otherwise noted.

(a) When used in this Part, unless the context otherwise requires:

(1) "Act" means the Emergency Natural Gas Act of 1977, Pub. L. No. 95-2, 91 Stat. 4.

(2) "Administrator" means the individual delegated by the President of the United States to implement the Act.

(3) "Interstate Pipeline" means any natural gas company which is engaged in the transportation of natural gas by pipeline as defined in section 2(b) of the Natural Gas Act. (15 U.S.C. 717a).

(4) "Intrastate pipeline" means any person (other than an interstate pipeline) engaged in the transportation by pipeline of natural gas.

(5) "Interstate natural gas" means natural gas (other than natural gas transported pursuant to a transportation certificate issued under 18 CFR 2.79) transported by an interstate pipeline in a facility which is certificated under the Natural Gas Act or which would be required to be certificated but for section 1(c) of such Act. (6) "Local distribution company" means any person (including a Governmental entity) which receives natural gas for local distribution and resale to natural gas users.

(7) "Antitrust laws" means the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 13, 14-19, 20, 21, 22-27), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), Sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8-9), and the Act of June 19, 1936, Chapter 592 (15 U.S.C. 13, 13a, 13b, and 21a), and similar state laws.

(8) "State" means any state of the United States and the District of Columbia.

(9) "High priority use" means the use of natural gas in a residence; or the use of natural gas in a commercial establishment in amounts of less than 50 Mcf on a peak day; or any other use of natural gas the termination of which the President determines would endanger life, health or maintenance of physical property.

(10) "Effective FPC curtailment plan" means any plan by which an interstate pipeline curtailed deliveries to its customers during the period of the Act whether or not such plan has been finally approved by the FPC.

(11) "Billing period" means the calendar month or similar period on which an interstate pipeline bills its customers in accordance with its tariff on file with the FPC.

(12) "Section 6 gas" means any and all natural gas purchased pursuant to the authority of Section 6(a) of the Act.

[42 FR 21104, Apr. 25, 1977, as amended at 42 FR 22146, May 2, 1977]

§ 1000.2 Organizational structure for the administration of Pub. L. 95-2.

(a) The decisional responsibility and the legal actions to be taken under Pub. L. No. 95-2 are those of the Administrator and not those of any nongovernmental personnel.

(b) Participation of non-governmental personnel in the personnel groups established herein is for information data gathering and general advisory purposes only.

(c) The consultation group shall be composed of the following persons:

(1) Governmental representatives to be designated by the Attorney General, the Secretaries of the Interior and Agriculture, the Federal Trade Commission, the Administrator of the Fed