18 CFR 4.34 - Hearings on applications; consultation on terms and conditions; motions to intervene; alternative procedures
| Cite as | 18 CFR 4.34 |
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1105 practice notes
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Electric utilities (Federal Power Act):
Hydroelectric licensing regulations,
...or agency. Preliminary condition or prescription means a preliminary condition or prescription filed by a Department with FERC under 18 CFR 4.34(b), 4.34(i), or 5.22(a) for potential inclusion in a hydropower Prescription means a fishway prescribed under FPA sec. 18, 16 U.S.C. 811, to provi......
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Electric utilities (Federal Power Act):
Hydroelectric licensing regulations,
...the consensus-based ALP,\8\ or both.\9\ These concerns are addressed in the following pages.\10\ \7\ SCE, NEU, Xcel, Georgia DNR \8\ See 18 CFR 4.34(i). \9\ SCE's detailed recommendations for improvements to the traditional process are discussed in Section \10\ Some commenters, such as WPSR......
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Part II
...or agency. Preliminary condition or prescription means a preliminary condition or prescription filed by a Department with FERC under 18 CFR 4.34(b), 4.34(i), or 5.22(a) for potential inclusion in a hydropower Prescription means a fishway prescribed under FPA sec. 18, 16 U.S.C. 811, to provi......
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Separate Parts In This Issue
Part II
Energy Department, Federal Energy Regulatory Commission,
...the consensus-based ALP,\8\ or both.\9\ These concerns are addressed in the following pages.\10\ \7\ SCE, NEU, Xcel, Georgia DNR \8\ See 18 CFR 4.34(i). \9\ SCE's detailed recommendations for improvements to the traditional process are discussed in Section \10\ Some commenters, such as WPSR......
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18 cases
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Merced Irrigation Dist. v. Cnty. of Mariposa, CASE NO. 1:12-cv-01645-LJO-SKO
...FERC Application, Mariposa contends it has the right to submit comments, object to the Project, and petition FERC for a hearing under 18 C.F.R. § 4.34(a), the review of which would be subject to federal jurisdiction. (Doc. 21, 21:3-10.) Mariposa may object to any determination by FERC and/o......
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Cnty. of Butte v. Dep't of Water Res., S258574
...FERC has sole jurisdiction over disputes concerning the licensing process employed here ( County of Butte , supra , C071785; see 18 C.F.R. § 4.34(i)(6)(vii) ), and the requested injunction would be akin to the "veto power" prohibited by First Iowa Coop. v. Federal Power Comm'n (1946) 328 U.......
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Cnty. of Butte v. Dep't of Water Res., S258574
...FERC has sole jurisdiction over disputes concerning the licensing process employed here ( County of Butte , supra , C071785; see 18 C.F.R. § 4.34(i)(6)(vii) ), and the requested injunction would be akin to the "veto power" prohibited by First Iowa Coop. v. Federal Power Comm'n (1946) 328 U.......
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Merced Irrigation Dist. v. Cnty. of Mariposa, Case No. 1:12–cv–01645–LJO–SKO.
...FERC Application, Mariposa contends it has the right to submit comments, object to the Project, and petition FERC for a hearing under 18 C.F.R. § 4.34(a), the review of which would be subject to federal jurisdiction. (Doc. 21, 21:3–10.) Mariposa may object to any determination by FERC and/o......
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3 firm's commentaries
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California Supreme Court Holds In 5-2 Decision, Over Chief Justice’s Strong Dissent, That Federal Power Act Does Not Fully Preempt CEQA’s Application to FERC’s Licensing Process for State-Owned and Operated Hydroelectric Projects
...actions would contravene FERC’s “sole jurisdiction” over licensing process disputes and be preempted under longstanding federal law. (18 C.F.R. § 4.34 (i)(6)(vii); First Iowa Coop. v. Federal Power Comm’n (1946) 328 U.S. 152, 164 (“First Iowa”).) But the Supreme Court majority parted ways w......
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PipelineLaw: During Oral Argument, D.C. Circuit Suggests Waiver Period For State Water Quality Certification May Be Less Than One Year
...not denied or granted certification by one year after the date the certifying agency received a written request for certification." 18 C.F.R. § 4.34(b)(5)(iii). The attorney responded by stating that he does not read this regulation to preclude FERC from making a determination that the stat......
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During Oral Argument, D.C. Circuit Suggests Waiver Period for State Water Quality Certification May Be Less Than One Year
...not denied or granted certification by one year after the date the certifying agency received a written request for certification.” 18 C.F.R. § 4.34(b)(5)(iii). The attorney responded by stating that he does not read this regulation to preclude FERC from making a determination that the stat......
1 books & journal articles
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Adaptive Management in Hydropower Regulation
...Process, http://www.americanwhitewater.org/content/Wiki/stewardship:relicensing_ overview (last visited Feb. 19, 2007); see also 18 C.F.R. §4.34(i). 57. Richard Roos-Collins, Integrated Licensing Process: New Hope for Eicient Regulation of Nonfederal Hydropower Projects , 35 A.B.A. Trends (......