(a) Exemptible projects. Subject to the provisions in paragraph (b) of this section, §4.31(c), and §§4.105 and 4.106, the Commission may exempt on a case-specific basis any small hydroelectric power project from all or part of Part I of the Act, including licensing requirements. Any applications for exemption for a project shall conform to the requirements of §§4.107 or 4.108, as applicable.

(b) Limitation for licensed water power project. The Commission will not accept for filing an application for exemption from licensing for any project that is only part of a licensed water power project.

(c) Waiver. In applying for case-specific exemption from licensing, a qualified exemption applicant may petition under §385.207 of this chapter for waiver of any specific provision of §§4.102 through 4.107. The Commission will grant a waiver only if consistent with section 408 of the Energy Security Act of 1980.

[Order 413, 50 FR 11688, Mar. 25, 1985, as amended by Order 503, 53 FR 36568, Sept. 21, 1988]