TITLE 18 - CONSERVATION OF POWER AND WATER RESOURCES

CHAPTER XIII - TENNESSEE VALLEY AUTHORITY

SUBCHAPTER B - SPECIAL REGULATIONS

PART 1304 - APPROVAL OF CONSTRUCTION IN THE TENNESSEE RIVER SYSTEM AND REGULATION OF STRUCTURES AND OTHER ALTERATIONS

subpart a - PROCEDURES FOR APPROVAL OF CONSTRUCTION

1304.4 - Application review and approval process.

  (a) TVA shall notify the U.S. Army Corps of Engineers (USACE) and other Federal agencies with jurisdiction of the application as appropriate.

  (b) If a hearing is held for any of the reasons described in paragraph (c) of this section, any interested person may become a party of record by following the directions contained in the hearing notice.

  (c) Hearings concerning approval of applications are conducted (in accordance with 1304.5) when: (1) TVA deems a hearing is necessary or appropriate in determining any issue presented by the application; (2) A hearing is required under any applicable law or regulation; (3) A hearing is requested by the USACE pursuant to the TVA/Corps joint processing Memorandum of Understanding; or (4) The TVA Investigator directs that a hearing be held.

  (d) Upon completion of the review of the application, including any hearing or hearings, the Vice President shall issue a decision approving or disapproving the application. The basis for the decision shall be set forth in the decision.

  (e) Promptly following the issuance of the decision, the Vice President or the Board, as the case may be, shall furnish a written copy thereof to the applicant and to any parties of record. The Vice President's decision shall become final unless an appeal is made pursuant to 1304.6.

Any decision by the Board on a matter referred by the Vice President shall be a final decision.