18 CFR §4.60

1. (a)Applicability. The provisions of this subpart apply to any application for an initial license or a new license for:
   1. (1)A minor water power project, as defined in § 4.30(b)(17);
   2. (2)Any major project—existing dam, as defined in § 4.30(b)(16), that has a total installed capacity of 10 MW or less; or
   3. (3)Any major unconstructed project or major modified project, as defined in § 4.30(b)(15) and (14) respectively, that has a total installed capacity of 10 MW or less.
2. (b)Notice to agencies. The Commission will supply interested Federal, state, and local agencies with notice of any application for license for a water power project 10 MW or less and request comment on the application. Copies of the application will be available for inspection through the Commission's website, https://www.ferc.gov. The applicant shall also furnish copies of the filed application to any Federal, state, or local agency that so requests.
3. (c)Unless an applicant for a license for a minor water power project requests in its application that the Commission apply the following provisions of Part I of the Federal Power Act when it issues a minor license for a project, the Commission, unless it determines it would not be in the public interest to do so, will waive:
   1. (1)Section 4(b), insofar as it requires a licensee to file a statement showing the actual legitimate costs of construction of a project;
   2. (2)Section 4(e), insofar as it relates to approval by the Chief of Engineers and the Secretary of the Army of plans affecting navigation;
   3. (3)Section 6, insofar as it relates to the acceptance and expression in the license of terms and conditions of the Federal Power Act that are waived in the licensing order;
   4. (4)Section 10(c), insofar as it relates to a licensee's maintenance of depreciation reserves;
   5. (5)Sections 10(d) and 10(f);
   6. (6)Section 14, with the exception of the right of the United States or any state or municipality to take over, maintain, and operate a project through condemnation proceedings; and
   7. (7)Sections 15, 16, 19, 20 and 22.