18 Cfr 50

Pt. 50

18 CFR Ch. I (4–1–12 Edition)

(3) Such statement shall be available
to the public through the Commission’s
eLibrary system on http://www.ferc.gov
and shall be made publicly available
through the principal business offices
of the public utility and any entity to
which it applies on or before April 30 of
the year the statement was filed with
the Commission.
(Pub. L. 96–511, 94 Stat. 2812 (44 U.S.C. 3501 et
seq.))
[45 FR 23418, Apr. 7, 1980, as amended by
Order 601, 63 FR 72169, Dec. 31, 1998; Order 737,
75 FR 43404, July 26, 2010]

PART 50—APPLICATIONS FOR PERMITS TO SITE INTERSTATE ELECTRIC TRANSMISSION FACILITIES
Sec.
50.1 Definitions.
50.2 Purpose and intent of rules.
50.3 Applications/pre-filing; rules and format.
50.4 Stakeholder participation.
50.5 Pre-filing procedures.
50.6 Applications: general content.
50.7 Applications: exhibits.
50.8 Acceptance/rejection of applications.
50.9 Notice of application.
50.10 Interventions.
50.11 General conditions applicable to permits.
AUTHORITY: 16 U.S.C. 824p, DOE Delegation
Order No. 00–004.00A.

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SOURCE: 71 FR 69465, Dec. 1, 2006, unless
otherwise noted.

§ 50.1 Definitions.
As used in this part:
Affected landowners include owners of
property interests, as noted in the
most recent county/city tax records as
receiving the tax notice, whose property:
(1) Is directly affected (i.e., crossed or
used) by the proposed activity, including all facility sites, rights-of-way, access roads, staging areas, and temporary workspace; or
(2) Abuts either side of an existing
right-of-way or facility site owned in
fee by any utility company, or abuts
the edge of a proposed facility site or
right-of-way which runs along a property line in the area in which the facilities would be constructed, or contains a residence within 50 feet of a
proposed construction work area.

Director means the Director of the Office of Energy Projects or his designees.
Federal authorization means permits,
special use authorization, certifications, opinions, or other approvals
that may be required under Federal
law in order to site a transmission facility.
National interest electric transmission
corridor means any geographic area experiencing
electric
energy
transmission capacity constraints or congestion that adversely affects consumers,
as designated by the Secretary of Energy.
Permitting entity means any Federal
or
State
agency,
Indian
tribe,
multistate, or local agency that is responsible for issuing separate authorizations pursuant to Federal law that
are required to construct electric
transmission facilities in a national interest electric transmission corridor.
Stakeholder means any Federal,
State, interstate, Tribal, or local agency, any affected non-governmental organization, affected landowner, or interested person.
Transmitting utility means an entity
that owns, operates, or controls facilities used for the transmission of electric energy in interstate commerce for
the sale of electric energy at wholesale.
§ 50.2

Purpose and intent of rules.

(a) The purpose of the regulations in
this part is to provide for efficient and
timely review of requests for permits
for the siting of electric transmission
facilities under section 216 of the Federal Power Act. The regulations ensure
that each stakeholder is afforded an
opportunity to present views and recommendations with respect to the need
for and impact of a facility covered by
the permit. They also coordinate, to
the maximum extent practicable, the
Federal authorization and review processes of other Federal and State agencies, Indian tribes, multistate, and
local entities that are responsible for
conducting any separate permitting
and environmental reviews of the proposed facilities.
(b) Every applicant shall file all pertinent data and information necessary

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Federal Energy Regulatory Commission
for a full and complete understanding
of the proposed project.
(c) Every requirement of this part
will be considered as an obligation of
the applicant which can only be avoided by a definite and positive showing
that the information or data called for
by the applicable rules is not necessary
for the consideration and ultimate determination of the application.
(d) The burden of assuring that all
applications and information submitted under this part is in an intelligible form and any omission of data is
justified rests with the applicant.

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§ 50.3 Applications/pre-filing; rules and
format.
(a) Filings are subject to the formal
paper and electronic filing requirements for proceedings before the Commission as provided in part 385 of this
chapter.
(b) Applications, amendments, and
all exhibits and other submissions required to be furnished by an applicant
to the Commission under this part
must be submitted in an original and 7
conformed copies.
(c) When an application considered
alone is incomplete and depends vitally
upon information in another application, it will not be accepted for filing
until the supporting application has
been filed. When applications are interdependent, they must be filed concurrently.
(d) All filings must be signed in compliance with § 385.2005 of this chapter.
(e) The Commission will conduct a
paper hearing on applications for permits for electric transmission facilities.
(f) Permitting entities will be subject
to the filing requirements of this section and the prompt and binding intermediate milestones and ultimate deadlines established in the notice issued
under § 50.9.
(g) Any person submitting documents
containing critical energy infrastructure information must follow the procedures specified in § 388.113 of this
chapter.
§ 50.4 Stakeholder participation.
A Project Participation Plan is required to ensure stakeholders have access to accurate and timely informa-

§ 50.4
tion on the proposed project and permit application process.
(a) Project Participation Plan. An applicant must develop a Project Participation Plan and file it with the pre-filing materials under § 50.5(c)(7) that:
(1) Identifies specific tools and actions to facilitate stakeholder communications and public information, including an up-to-date project Web site
and a readily accessible, single point of
contact within the company;
(2) Lists all central locations in each
county throughout the project area
where the applicant will provide copies
of all their filings related to the proposed project; and
(3) Includes a description and schedule explaining how the applicant intends to respond to requests for information from the public as well as Federal, State, and Tribal permitting
agencies, and other legal entities with
local authorization requirements.
(b) Document Availability. (1) Within
three business days of the date the prefiling materials are filed or application
is issued a docket number, an applicant
must ensure that:
(i) Complete copies of the pre-filing
or application materials are available
in accessible central locations in each
county throughout the project area, either in paper or electronic format; and
(ii) Complete copies of all filed materials are available on the project Web
site.
(2) An applicant is not required to
serve voluminous or difficult to reproduce material, such as copies of certain
environmental information, on all parties, as long as such material is publicly available in an accessible central
location in each county throughout the
project area and on the applicant’s
project website.
(c) Project notification. (1) The applicant must make a good faith effort to
notify: all affected landowners; landowners with a residence within a quarter mile from the edge of the construction right-of-way of the proposed
project; towns and communities; permitting agencies; other local, State,
Tribal, and Federal governments and
agencies involved in the project; electric utilities and transmission owners
and operators that are or may be connected to the application’s proposed

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§ 50.5

18 CFR Ch. I (4–1–12 Edition)

transmission facilities; and any known
individuals that have expressed an interest in the State permitting proceeding. Notification must be made:
(i) By certified or first class mail,
sent:
(A) Within 14 days after the Director
notifies the applicant of the commencement of the pre-filing process
under § 50.5(d);
(B) Within 3 business days after the
Commission notices the application
under § 50.9; and
(ii) By twice publishing a notice of
the pre-filing request and application
filings, in a daily, weekly, and/or tribal
newspaper of general circulation in
each county in which the project is located, no later than 14 days after the
date that a docket number is assigned
for the pre-filing process or to the application.
(2) Contents of participation notice
(i) The pre-filing request notification
must, at a minimum, include:
(A) The docket number assigned to
the proceeding;
(B) The most recent edition of the
Commission’s pamphlet Electric Transmission Facilities Permit Process. The
newspaper notice need only refer to the
pamphlet and indicate that it is available on the Commission’s website;
(C) A description of the applicant and
a description of the proposed project,
its location (including a general location map), its purpose, and the timing
of the project;
(D) A general description of the property the applicant will need from an affected landowner if the project is approved, how to contact the applicant,
including a local or toll-free phone
number, the name of a specific person
to contact who is knowledgeable about
the project, and a reference to the
project website. The newspaper notice
need not include a description of the
property, but should indicate that a
separate notice is being mailed to affected landowners and governmental
entities;
(E) A brief summary of what rights
the affected landowner has at the Commission and in proceedings under the
eminent domain rules of the relevant
State. The newspaper notice does not
need to include this summary;

(F) Information on how to get a copy
of the pre-filing information from the
company and the location(s) where copies of the pre-filing information may be
found as specified in paragraph (b) of
this section;
(G) A copy of the Director’s notification of commencement of the pre-filing
process, the Commission’s Internet address, and the telephone number for
the Commission’s Office of External
Affairs; and
(H) Information explaining the prefiling and application process and when
and how to intervene in the application
proceedings.
(ii) The application notification must
include the Commission’s notice issued
under § 50.9.
(3) If, for any reason, a stakeholder
has not yet been identified when the
notices under this paragraph are sent
or published, the applicant must supply
the information required under paragraphs (c)(2)(i) and (ii) of this section
when the stakeholder is identified.
(4) If the notification is returned as
undeliverable, the applicant must
make a reasonable attempt to find the
correct address and notify the stakeholder.
(5) Access to critical energy infrastructure information is subject to the
requirements of § 388.113 of this chapter.
§ 50.5 Pre-filing procedures.
(a) Introduction. Any applicant seeking a permit to site new electric transmission facilities or modify existing facilities must comply with the following
pre-filing procedures prior to filing an
application for Commission review.
(b) Initial consultation. An applicant
must meet and consult with the Director concerning the proposed project.
(1) At the initial consultation meeting, the applicant must be prepared to
discuss the nature of the project, the
contents of the pre-filing request, and
the status of the applicant’s progress
toward obtaining the information required for the pre-filing request described in paragraph (c) of this section.
(2) The initial consultation meeting
will also include a discussion of whether a third-party contractor is likely to
be needed to prepare the environmental
documentation for the project and the

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Federal Energy Regulatory Commission
specifications for the applicant’s solicitation for prospective third-party contractors.
(3) The applicant also must discuss
how its proposed project will be subject
to the Commission’s jurisdiction under
section 216(b)(1) of the Federal Power
Act. If the application is seeking Commission jurisdiction under section
216(b)(1)(C) of the Federal Power Act,
the applicant must be prepared to discuss when it filed its application with
the State and the status of that application.
(c) Contents of the initial filing. An applicant’s pre-filing request will be filed
after the initial consultation and must
include the following information:
(1) A description of the schedule desired for the project, including the expected application filing date, desired
date for Commission approval, and proposed project operation date, as well as
the status of any State siting proceedings.
(2) A detailed description of the
project, including location maps and
plot plans to scale showing all major
components, including a description of
zoning and site availability for any
permanent facilities.
(3) A list of the permitting entities
responsible for conducting separate
Federal permitting and environmental
reviews and authorizations for the
project, including contact names and
telephone numbers, and a list of local
entities with local authorization requirements. The filing must include information concerning:
(i) How the applicant intends to account for each of the relevant entity’s
permitting and environmental review
schedules, including its progress in
DOE’s pre-application process; and
(ii) When the applicant proposes to
file with these permitting and local entities for the respective permits or
other authorizations.
(4) A list of all affected landowners
and other stakeholders (include contact names and telephone numbers)
that have been contacted, or have contacted the applicant, about the project.
(5) A description of what other work
already has been done, including, contacting stakeholders, agency and Indian tribe consultations, project engineering, route planning, environmental

§ 50.5
and engineering contractor engagement, environmental surveys/studies,
open houses, and any work done or actions taken in conjunction with a
State proceeding. This description also
must include the identification of the
environmental and engineering firms
and sub-contractors under contract to
develop the project.
(6) Proposals for at least three prospective third-party contractors from
which Commission staff may make a
selection to assist in the preparation of
the requisite NEPA document, if the
Director determined a third-party contractor would be necessary in the Initial Consultation meeting.
(7) A proposed Project Participation
Plan, as set forth in § 50.4(a).
(d) Director’s notice. (1) When the Director finds that an applicant seeking
authority to site and construct an electric transmission facility has adequately addressed the requirements of
paragraphs (a), (b), and (c) of this section, and any other requirements determined at the Initial Consultation
meeting, the Director will so notify the
applicant.
(i) The notification will designate the
third-party contractor, and
(ii) The pre-filing process will be
deemed to have commenced on the date
of the Director’s notification.
(2) If the Director determines that
the contents of the initial pre-filing request are insufficient, the applicant
will be notified and given a reasonable
time to correct the deficiencies.
(e) Subsequent filing requirements.
Upon the Director’s issuance of a notice commencing an applicant’s pre-filing process, the applicant must:
(1) Within 7 days, finalize and file the
Project Participation Plan, as defined
in § 50.4(a), and establish the dates and
locations at which the applicant will
conduct meetings with stakeholders
and Commission staff.
(2) Within 14 days, finalize the contract with the selected third-party contractor, if applicable.
(3) Within 14 days:
(i) Provide all identified stakeholders
with a copy of the Director’s notification commencing the pre-filing process;

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§ 50.6

18 CFR Ch. I (4–1–12 Edition)

(ii) Notify affected landowners in
compliance with the requirements of
§ 50.4(c); and
(iii) Notify permitting entities and
request information detailing any specific information not required by the
Commission in the resource reports required under § 380.16 of this chapter
that the permitting entities may require to reach a decision concerning
the proposed project. The responses of
the permitting entities must be filed
with the Commission, as well as being
provided to the applicant.
(4) Within 30 days, submit a mailing
list of all stakeholders contacted under
paragraph (e)(3) of this section, including the names of the Federal, State,
Tribal, and local jurisdictions’ representatives. The list must include information concerning affected landowner notifications that were returned
as undeliverable.
(5) Within 30 days, file a summary of
the project alternatives considered or
under consideration.
(6) Within 30 days, file an updated list
of all Federal, State, Tribal, and local
agencies permits and authorizations
that are necessary to construct the
proposed facilities. The list must include:
(i) A schedule detailing when the applications for the permits and authorizations will be submitted (or were submitted);
(ii) Copies of all filed applications;
and
(iii) The status of all pending permit
or authorization requests and of the
Secretary of Energy’s pre-application
process being conducted under section
216(h)(4)(C) of the Federal Power Act.
(7) Within 60 days, file the draft resource reports required in § 380.16 of
this chapter.
(8) On a monthly basis, file status reports detailing the applicant’s project
activities including surveys, stakeholder communications, and agency
and tribe meetings, including updates
on the status of other required permits
or authorizations. If the applicant fails
to respond to any request for additional information, fails to provide sufficient information, or is not making
sufficient progress towards completing
the pre-filing process, the Director may
issue a notice terminating the process.

(f) Concluding the pre-filing process.
The Director will determine when the
information gathered during the prefiling process is complete, after which
the applicant may file an application.
An application must contain all the information specified by the Commission
staff during the pre-filing process, including the environmental material required in part 380 of this chapter and
the exhibits required in § 50.7.
§ 50.6

Applications: general content.

Each application filed under this part
must provide the following information:
(a) The exact legal name of applicant; its principal place of business;
whether the applicant is an individual,
partnership, corporation, or otherwise;
the State laws under which the applicant is organized or authorized; and
the name, title, and mailing address of
the person or persons to whom communications concerning the application
are to be addressed.
(b) A concise description of applicant’s existing operations.
(c) A concise general description of
the proposed project sufficient to explain its scope and purpose. The description must, at a minimum: Describe the proposed geographic location
of the principal project features and
the planned routing of the transmission line; contain the general characteristics of the transmission line including voltage, types of towers, origin
and termination points of the transmission line, and the geographic character of area traversed by the line; and
be accompanied by an overview map of
sufficient scale to show the entire
transmission route on one or a few 8.5
by 11-inch sheets.
(d) Verification that the proposed
route lies within a national interest
electric transmission corridor designated by the Secretary of the Department of Energy under section 216 of the
Federal Power Act.
(e) Evidence that:
(1) A State in which the transmission
facilities are to be constructed or
modified does not have the authority
to approve the siting of the facilities or
consider the interstate benefits expected to be achieved by the proposed

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Federal Energy Regulatory Commission
construction or modification of transmission facilities in the State;
(2) The applicant is a transmitting
utility but does not qualify to apply for
a permit or siting approval of the proposed project in a State because the applicant does not serve end-use customers in the State; or
(3) A State commission or other entity that has the authority to approve
the siting of the facilities has:
(i) Withheld approval for more than
one year after the filing of an application seeking approval under applicable
law or one year after the designation of
the relevant national interest electric
transmission corridor, whichever is
later; or
(ii) Conditioned its approval in such a
manner that the proposed construction
or modification will not significantly
reduce transmission congestion in
interstate commerce or is not economically feasible.
(f) A demonstration that the facilities to be authorized by the permit will
be used for the transmission of electric
energy in interstate commerce, and
that the proposed construction or
modification:
(1) Is consistent with the public interest;
(2) Will significantly reduce transmission congestion in interstate commerce and protects or benefits consumers;
(3) Is consistent with sound national
energy policy and will enhance energy
interdependence; and
(4) Will maximize, to the extent reasonable and economical, the transmission capabilities of existing towers
or structures.
(g) A description of the proposed construction and operation of the facilities, including the proposed dates for
the beginning and completion of construction and the commencement of
service.
(h) A general description of project
financing.
(i) A full statement as to whether
any other application to supplement or
effectuate the applicant’s proposals
must be or is to be filed by the applicant, any of the applicant’s customers,
or any other person, with any other
Federal, State, Tribal, or other regu-

§ 50.7
latory body; and if so, the nature and
status of each such application.
(j) A table of contents that must list
all exhibits and documents filed in
compliance with this part, as well as
all other documents and exhibits otherwise filed, identifying them by their
appropriate titles and alphabetical letter designations. The alphabetical letter designations specified in § 50.7 must
be strictly adhered to and extra exhibits submitted at the volition of applicant must be designated in sequence
under the letter Z (Z1, Z2, Z3, etc.).
(k) A form of notice suitable for publication in the FEDERAL REGISTER, as
provided by § 50.9(a), which will briefly
summarize the facts contained in the
application in such a way as to acquaint the public with its scope and
purpose. The form of notice also must
include the name, address, and telephone number of an authorized contact
person.
§ 50.7 Applications: exhibits.
Each exhibit must contain a title
page showing the applicant’s name,
title of the exhibit, the proper letter
designation of the exhibit, and, if 10 or
more pages, a table of contents, citing
by page, section number or subdivision,
the component elements or matters
contained in the exhibit.
(a) Exhibit A—Articles of incorporation
and bylaws. If the applicant is not an
individual, a conformed copy of its articles of incorporation and bylaws, or
other similar documents.
(b) Exhibit B—State authorization. For
each State where the applicant is authorized to do business, a statement
showing the date of authorization, the
scope of the business the applicant is
authorized to carry on and all limitations, if any, including expiration dates
and renewal obligations. A conformed
copy of applicant’s authorization to do
business in each State affected must be
supplied upon request.
(c) Exhibit C—Company officials. A list
of the names and business addresses of
the applicant’s officers and directors,
or similar officials if the applicant is
not a corporation.
(d) Exhibit D—Other pending applications and filings. A list of other applications and filings submitted by the applicant that are pending before the

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§ 50.7

18 CFR Ch. I (4–1–12 Edition)

Commission at the time of the filing of
an application and that directly and
significantly
affect
the
proposed
project, including an explanation of
any material effect the grant or denial
of those other applications and filings
will have on the application and of any
material effect the grant or denial of
the application will have on those
other applications and filings.
(e) Exhibit E—Maps of general location
of facilities. The general location map
required under § 50.5(c) must be provided as Exhibit E. Detailed maps required by other exhibits must be filed
in those exhibits, in a format determined during the pre-filing process in
§ 50.5.
(f) Exhibit F—Environmental report. An
environmental report as specified in
§§ 380.3 and 380.16 of this chapter. The
applicant must submit all appropriate
revisions to Exhibit F whenever route
or site changes are filed. These revisions must identify the locations by
mile post and describe all other specific differences resulting from the
route or site changes, and should not
simply provide revised totals for the
resources affected. The format of the
environmental report filing will be determined during the pre-filing process
required under § 50.5.
(g) Exhibit G—Engineering data.
(1) A detailed project description including:
(i) Name and destination of the
project;
(ii) Design voltage rating (kV);
(iii) Operating voltage rating (kV);
(iv) Normal peak operating current
rating;
(v) Line design features for minimizing television and/or radio interference cause by operation of the proposed facilities; and
(vi) Line design features that minimize audible noise during fog/rain
caused by operation of the proposed facilities, including comparing expected
audible noise levels to the applicable
Federal, State, and local requirements.
(2) A conductor, structures, and substations description including:
(i) Conductor size and type;
(ii) Type of structures;
(iii) Height of typical structures;
(iv) An explanation why these structures were selected;

(v) Dimensional drawings of the typical structures to be used in the
project; and
(vi) A list of the names of all new
(and existing if applicable) substations
or switching stations that will be associated with the proposed new transmission line.
(3) The location of the site and rightof-way including:
(i) Miles of right-of-way;
(ii) Miles of circuit;
(iii) Width of the right-of-way;
(iv) A brief description of the area
traversed by the proposed transmission
line, including a description of the general land uses in the area and the type
of terrain crossed by the proposed line;
(4) Assumptions, bases, formulae, and
methods used in the development and
preparation of the diagrams and accompanying data, and a technical description providing the following information:
(i) Number of circuits, with identification as to whether the circuit is
overhead or underground;
(ii) The operating voltage and frequency; and
(iii) Conductor size, type and number
of conductors per phase.
(5) If the proposed interconnection is
an overhead line, the following additional information also must be provided:
(i) The wind and ice loading design
parameters;
(ii) A full description and drawing of
a typical supporting structure including strength specifications;
(iii) Structure spacing with typical
ruling and maximum spans;
(iv) Conductor (phase) spacing; and
(v) The designed line-to-ground and
conductor-side clearances.
(6) If an underground or underwater
interconnection is proposed, the following additional information also
must be provided:
(i) Burial depth;
(ii) Type of cable and a description of
any required supporting equipment,
such as insulation medium pressurizing
or forced cooling;
(iii) Cathodic protection scheme; and
(iv) Type of dielectric fluid and safeguards used to limit potential spills in
waterways.

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Federal Energy Regulatory Commission
(7) Technical diagrams that provide
clarification of any of the above items
should be included.
(8) Any other data or information not
previously identified that has been
identified as a minimum requirement
for the siting of a transmission line in
the State in which the facility will be
located.
(h) Exhibit H—System analysis data.
An analysis evaluating the impact the
proposed facilities will have on the existing electric transmission system
performance, including:
(1) An analysis of the existing and expected congestion on the electric transmission system.
(2) Power flow cases used to analyze
the proposed and future transmission
system under anticipated load growth,
operating conditions, variations in
power import and export levels, and additional transmission facilities required for system reliability. The cases
must:
(i) Provide all files to model normal,
single contingency, multiple contingency, and special protective systems,
including the special protective systems’ automatic switching or load
shedding system; and
(ii) State the assumptions, criteria,
and guidelines upon which they are
based and take into consideration
transmission facility loading; first contingency incremental transfer capability (FCITC); normal incremental
transfer capability (NITC); system protection; and system stability.
(3) A stability analysis including
study assumptions, criteria, and guidelines used in the analysis, including
load shedding allowables.
(4) A short circuit analysis for all
power flow cases.
(5) A concise analysis to include:
(i) An explanation of how the proposed project will improve system reliability over the long and short term;
(ii) An analysis of how the proposed
project will impact long term regional
transmission expansion plans;
(iii) An analysis of how the proposed
project will impact congestion on the
applicant’s entire system; and
(iv) A description of proposed high
technology design features.
(6) Detailed single-line diagrams, including existing system facilities iden-

§ 50.8
tified by name and circuit number,
that show system transmission elements, in relation to the project and
other principal interconnected system
elements, as well as power flow and
loss data that represent system operating conditions.
(i) Exhibit I—Project Cost and Financing. (1) A statement of estimated costs
of any new construction or modification.
(2) The estimated capital cost and estimated annual operations and maintenance expense of each proposed environmental measure.
(3) A statement and evaluation of the
consequences of denial of the transmission line permit application.
(j) Exhibit J—Construction, operation,
and management. A concise statement
providing arrangements for supervision, management, engineering, accounting, legal, or other similar service to be rendered in connection with
the construction or operation of the
project, if not to be performed by employees of the applicant, including reference to any existing or contemplated
agreements, together with a statement
showing any affiliation between the applicant and any parties to the agreements or arrangements.
§ 50.8 Acceptance/rejection of applications.
(a) Applications will be docketed
when received and the applicant so advised.
(b) If an application patently fails to
comply with applicable statutory requirements or with applicable Commission rules, regulations, and orders for
which a waiver has not been granted,
the Director may reject the application
as provided by § 385.2001(b) of this chapter. This rejection is without prejudice
to an applicant’s refiling a complete
application. However, an application
will not be rejected solely on the basis
that the environmental reports are incomplete because the company has not
been granted access by affected landowners to perform required surveys.
(c) An application that relates to a
proposed project or modification for
which a prior application has been filed
and rejected, will be docketed as a new
application.

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§ 50.9

18 CFR Ch. I (4–1–12 Edition)

§ 50.9 Notice of application.
(a) Notice of each application filed,
except when rejected in accordance
with § 50.8, will be issued and subsequently published in the FEDERAL REGISTER.
(b) The notice will establish prompt
and binding intermediate milestones
and ultimate deadlines for the coordination, and review of, and action on
Federal authorization decisions relating to, the proposed facilities.

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§ 50.10 Interventions.
Notices of applications, as provided
by § 50.9, will fix the time within which
any person desiring to participate in
the proceeding may file a petition to
intervene, and within which any interested regulatory agency, as provided by
§ 385.214 of this chapter, desiring to intervene may file its notice of intervention.
§ 50.11 General conditions applicable
to permits.
(a) The following terms and conditions, among others as the Commission
will find are required by the public interest, will attach to the issuance of
each permit and to the exercise of the
rights granted under the permit.
(b) The permit will be void and without force or effect unless accepted in
writing by the permittee within 30 days
from the date of the order issuing the
permit. Provided that, when an applicant files for rehearing of the order in
accordance with FPA section 313(a),
the acceptance must be filed within 30
days from the issue date of the order of
the Commission upon the application
for rehearing or within 30 days from
the date on which the application may
be deemed to have been denied when
the Commission has not acted on such
application within 30 days after it has
been filed. Provided further, that when a
petition for review is filed in accordance with the provisions of FPA section 313(b), the acceptance shall be
filed within 30 days after final disposition of the judicial review proceedings
thus initiated.
(c) Standards of construction and operation. In determining standard practice, the Commission will be guided by
the provisions of the American National Standards Institute, Incor-

porated, the National Electrical Safety
Code, and any other codes and standards that are generally accepted by the
industry, except as modified by this
Commission or by municipal regulators
within their jurisdiction. Each electric
utility will construct, install, operate,
and maintain its plant, structures,
equipment, and lines in accordance
with these standards, and in a manner
to best accommodate the public, and to
prevent interference with service furnished by other public or non-public
utilities insofar as practical.
(d) Written authorization must be obtained from the Director prior to commencing construction of the facilities
or initiating operations. Requests for
these authorizations must demonstrate
compliance with all terms and conditions of the construction permit.
(e) Any authorized construction or
modification must be completed and
made available for service by the
permitee within a period of time to be
specified by the Commission in each
order issuing the transmission line
construction permit. If facilities are
not completed within the specified
timeframe, the permittee must file for
an extension of time under § 385.2008 of
this chapter.
(f) A permittee must file with the
Commission, in writing and under
oath, an original and four conformed
copies, as provided in § 385.2011 of this
chapter, of the following:
(1) Within ten days after the bona
fide beginning of construction, notice
of the date of the beginning; and
(2) Within ten days after authorized
facilities have been constructed and
placed in service, notice of the date of
the completion of construction and
commencement of service.
(g) The permit issued to the applicant may be transferred, subject to the
approval of the Commission, to a person who agrees to comply with the
terms, limitations or conditions contained in the filing and in every subsequent Order issued thereunder. A permit holder seeking to transfer a permit
must file with the Secretary a petition
for approval of the transfer. The petition must:
(1) State the reasons supporting the
transfer;

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Federal Energy Regulatory Commission

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(2) Show that the transferee is qualified to carry out the provisions of the
permit and any Orders issued under the
permit;
(3) Be verified by all parties to the
proposed transfer;
(4) Be accompanied by a copy of the
proposed transfer agreement;
(5) Be accompanied by an affidavit of
service of a copy on the parties to the
permit proceeding; and

§ 50.11
(6) Be accompanied by an affidavit of
publication of a notice concerning the
petition and service of such notice on
all affected landowners that have executed agreements to convey property
rights to the transferee and all other
persons, municipalities or agencies entitled by law to be given notice of, or
be served with a copy of, any application to construct a major electric generation facility.

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