18 CFR 4.40 : Conservation Of Power And Water Resources (§ 1.101 To Parts 1318-1399) — (§ 1.101 To Parts 391-399) — Federal Energy Regulatory Commission, Department Of Energy (§ 1.101 To Parts 391-399) — Regulations Under The Federal Power Act (§ 4.1 To § 50.11) — Licenses, Permits, Exemptions, And Determination Of Project Costs (§ 4.1 To § 4.401) — Application For License For Major Unconstructed Project And Major Modified Project (§ 4.40 And § 4.41) — Applicability.

(a) Applicability. The provisions of this subpart apply to any application for an initial license for a major unconstructed project that would have a total installed capacity of more than 5 megawatts, and any application for an initial or new license for a major modified project with a total installed capacity more than 5 megawatts. An applicant for license for any major unconstructed or major modified water power project that would have a total installed generating capacity of 5 megawatts or less must submit application under subpart G (§§ 4.60 and 4.61).

(b) Guidance from Commission staff. A prospective applicant for a license for a major unconstructed project or major modified project may seek advice from the Commission's Office of Energy Projects regarding the applicability of this subpart to its project [see § 4.32(h)], including the determinations whether any proposed repair, modification or reconstruction of an existing dam would result in a significant change in the normal maximum surface elevation of an existing impoundment, or whether any proposed change in existing project works or operation would result in a significant environmental impact.