16 Usc 798

§ 797d

TITLE 16—CONSERVATION

Page 1244

CODIFICATION

CODIFICATION

Section was enacted as part of the Energy Policy Act
of 1992, and not as part of the Federal Power Act which
generally comprises this chapter.

Section was enacted as part of the Energy Policy Act
of 1992, and not as part of the Federal Power Act which
generally comprises this chapter.

§ 797d. Third party contracting by FERC

§ 798. Purpose and scope of preliminary permits;
transfer and cancellation

(a) Environmental impact statements
Where the Federal Energy Regulatory Commission is required to prepare a draft or final
environmental impact statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 and following) in connection with an
application for a license under part I of the Federal Power Act [16 U.S.C. 791a et seq.], the Commission may permit, at the election of the applicant, a contractor, consultant or other person
funded by the applicant and chosen by the Commission from among a list of such individuals or
companies determined by the Commission to be
qualified to do such work, to prepare such statement for the Commission. The contractor shall
execute a disclosure statement prepared by the
Commission specifying that it has no financial
or other interest in the outcome of the project.
The Commission shall establish the scope of
work and procedures to assure that the contractor, consultant or other person has no financial
or other potential conflict of interest in the outcome of the proceeding. Nothing herein shall affect the Commission’s responsibility to comply
with the National Environmental Policy Act of
1969.
(b) Environmental assessments
Where an environmental assessment is required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 and following) in connection with an application for a license under
part I of the Federal Power Act [16 U.S.C. 791a
et seq.], the Commission may permit an applicant, or a contractor, consultant or other person
selected by the applicant, to prepare such environmental assessment. The Commission shall
institute procedures, including pre-application
consultations, to advise potential applicants of
studies or other information foreseeably required by the Commission. The Commission may
allow the filing of such applicant-prepared environmental assessments as part of the application. Nothing herein shall affect the Commission’s responsibility to comply with the National Environmental Policy Act of 1969.
(c) Effective date
This section shall take effect with respect to
license applications filed after October 24, 1992.
(Pub. L. 102–486, title XXIV, § 2403, Oct. 24, 1992,
106 Stat. 3097.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (b), is Pub. L. 91–190, Jan.
1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
The Federal Power Act, referred to in subsecs. (a) and
(b), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended. Part I of the Act is classified generally to this subchapter (§ 791a et seq.). For complete classification of
this Act to the Code, see section 791a of this title and
Tables.

(a) Purpose
Each preliminary permit issued under this
subchapter shall be for the sole purpose of maintaining priority of application for a license
under the terms of this chapter for such period
or periods, not exceeding a total of three years,
as in the discretion of the Commission may be
necessary for making examinations and surveys,
for preparing maps, plans, specifications, and estimates, and for making financial arrangements.
(b) Extension of period
The Commission may extend the period of a
preliminary permit once for not more than 2 additional years beyond the 3 years permitted by
subsection (a) if the Commission finds that the
permittee has carried out activities under such
permit in good faith and with reasonable diligence.
(c) Permit conditions
Each such permit shall set forth the conditions under which priority shall be maintained.
(d) Non-transferability and cancellation of permits
Such permits shall not be transferable, and
may be canceled by order of the Commission
upon failure of permittees to comply with the
conditions thereof or for other good cause shown
after notice and opportunity for hearing.
(June 10, 1920, ch. 285, pt. I, § 5, 41 Stat. 1067; renumbered pt. I and amended, Aug. 26, 1935, ch.
687, title II, §§ 203, 212, 49 Stat. 841, 847; Pub. L.
113–23, § 5, Aug. 9, 2013, 127 Stat. 495.)
AMENDMENTS
2013—Pub. L. 113–23 designated existing first, second,
and third sentences as subsecs. (a), (c), and (d), respectively, and added subsec. (b).
1935—Act Aug. 26, 1935, § 203, amended section generally, striking out ‘‘and a license issued’’ at end of second sentence and inserting ‘‘or for other good cause
shown after notice and opportunity for hearing’’ in last
sentence.

§ 799. License; duration, conditions, revocation,
alteration, or surrender
Licenses under this subchapter shall be issued
for a period not exceeding fifty years. Each such
license shall be conditioned upon acceptance by
the licensee of all of the terms and conditions of
this chapter and such further conditions, if any,
as the Commission shall prescribe in conformity
with this chapter, which said terms and conditions and the acceptance thereof shall be expressed in said license. Licenses may be revoked
only for the reasons and in the manner prescribed under the provisions of this chapter, and
may be altered or surrendered only upon mutual
agreement between the licensee and the Commission after thirty days’ public notice.
(June 10, 1920, ch. 285, pt. I, § 6, 41 Stat. 1067; renumbered pt. I and amended, Aug. 26, 1935, ch.