18 CFR 4.34 - Hearings on applications; consultation on terms and conditions; motions to intervene; alternative procedures

Cite as18 CFR 4.34
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1099 practice notes
  • Part II
    • United States
    • Federal Register November 17, 2005
    • 17 Noviembre 2005
    ...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......
  • Resource Agency Hearings and Alternatives Development Procedures in Hydropower Licenses
    • United States
    • Federal Register March 31, 2015
    • 31 Marzo 2015
    ...based on additional information, but they are under no statutory requirement to provide an on-the-record hearing when they do so. 18 CFR 4.34 (b)(4), 5.24(d), \5\ The fact that EPAct requires a trial-type hearing for disputed issues of material fact does not alter this conclusion. The regul......
  • Electric utilities (Federal Power Act): Hydroelectric licensing regulations,
    • United States
    • Federal Register November 17, 2005
    • 17 Noviembre 2005
    ...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......
  • Electric utilities (Federal Power Act): Hydroelectric licensing regulations,
    • United States
    • Federal Register August 25, 2003
    • 25 Agosto 2003
    ...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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14 cases
  • Aes Sparrows Point Lng v. Wilson, No. 09-1539.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 22 Diciembre 2009
    ...considering the waiver period to commence on "the date the certifying agency received a written request for certification," 18 C.F.R. § 4.34(b)(5)(iii)(2009) (formerly 18 C.F.R. § 4.38(e)(2) (1991)).2 According to FERC, its prior practice of deeming the one-year waiver period to commence fr......
  • City of Tacoma, Washington v. F.E.R.C., No. 05-1054.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 22 Agosto 2006
    ...by the Commission under section 10(a) of the Federal Power Act if such consideration would not delay or disrupt the proceeding. 18 C.F.R. § 4.34(b). The regulation also [I]f ongoing agency proceedings to determine terms and conditions or prescriptions are not completed by the date specified......
  • Merced Irrigation Dist. v. Cnty. of Mariposa, CASE NO. 1:12-cv-01645-LJO-SKO
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 4 Marzo 2013
    ...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......
  • Merced Irrigation Dist. v. Cnty. of Mariposa, Case No. 1:12–cv–01645–LJO–SKO.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 23 Abril 2013
    ...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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