153 FERC ¶ 61,050

UNITED STATE OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION

18 CFR Part 11

[Docket No. RM15-18-000, Order No. 815]

Commencement of Assessment of Annual Charges

(Issued October 15, 2015)

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

SUMMARY: The Federal Energy Regulatory Commission (Commission) is revising its 

regulations to modify when the Commission will commence assessing annual charges to

hydropower licensees and exemptees, other than state or municipal entities, with respect 

to licenses and exemptions authorizing unconstructed projects and new capacity. 

Specifically, the Commission will commence assessing annual charges on the date by 

which the licensee or exemptee is required to commence construction of an unconstructed 

project or new capacity, rather than on the date that project construction actually begins. 

The final rule provides administrative efficiency and promotes certainty among licensees, 

exemptees, and Commission staff as to when annual charges will commence.

EFFECTIVE DATE: [Insert date sixty (60) days after publication in the FEDERAL 

REGISTER]. 
Docket No. RM15

-18-000- 2 -

FOR FURTHER INFORMATION CONTACT:

Tara DiJohn (Legal Information) 

Office of the General Counsel

Federal Energy Regulatory Commission

888 First Street NE 

Washington, DC 20426

(202) 502-8671

tara.dijohn@ferc.gov

Norman Richardson (Technical Information) 

Office of the Executive Director

Federal Energy Regulatory Commission

888 First Street NE 

Washington, DC 20426

(202) 502-6219

norman.richardson@ferc.gov

SUPPLEMENTARY INFORMATION:
153 FERC ¶ 61,050

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Commencement of Assessment of Annual Charges Docket No. RM15-18-000

ORDER NO. 815

FINAL RULE

TABLE OF CONTENTS

 Paragraph Number

I. Background ..........................................................................................................................1.

II. Notice of Proposed Rulemaking (NOPR).............................................................................5.

III. Discussion.............................................................................................................................11.

IV. Regulatory Requirements.....................................................................................................21.

A. Information Collection Statement .............................................................................21.

B. Environmental Analysis.............................................................................................22.

C. Regulatory Flexibility Act ........................................................................................23.

D. Document Availability ..............................................................................................28.

E. Effective Date and Congressional Notification .........................................................31.
153 FERC ¶ 61,050

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Before Commissioners: Norman C. Bay, Chairman;

 Philip D. Moeller, Cheryl A. LaFleur,

Tony Clark, and Colette D. Honorable.

Commencement of Assessment of Annual Charges Docket No. RM15-18-000

ORDER NO. 815

FINAL RULE 

(Issued October 15, 2015)

I. Background 

1. On May 14, 2015, the Federal Energy Regulatory Commission (Commission) 

issued a Notice of Proposed Rulemaking (NOPR) proposing to revise its regulations 

governing the commencement of assessment of annual charges for non-municipal 

hydropower licensees and exemptees.1

 As explained in the NOPR, section 10(e)(1) of 

the Federal Power Act (FPA),

2 and section 3401 of the Omnibus Budget Reconciliation 

Act of 1986,3 require the Commission to, among other things, collect annual charges 

from licensees in order to reimburse the United States for the costs of administering Part I 

 1 Commencement of Assessment of Annual Charges, 151 FERC ¶ 61,115 (2015). 

The NOPR was published in the Federal Register on May 22, 2015. 80 Fed. Reg. 

29,562.

2 16 U.S.C. 803(e)(1) (2012). 

3 42 U.S.C. 7178 (2012). 
Docket No. RM15-18-000 - 2 -

of the FPA. The Commission assesses these annual charges against licensees and 

exemptees of projects with more than 1.5 megawatts (MW) of installed capacity under 

section 11.1 of its regulations.4

 

2. Currently, for exemptions and original licenses for unconstructed projects, the 

Commission begins assessing administrative annual charges on the date project 

construction starts.

5

 For new capacity authorized by a relicense6 or an amendment of a 

license or exemption, the Commission begins assessing annual charges on the date that 

the construction to enable such capacity starts.

7

 This final rule affects only projects with

respect to which annual charges are assessed when project construction starts. It does not 

address state or municipal projects, projects with an installed capacity of 1.5 MW or less, 

or constructed projects without newly authorized capacity.

8

 4 18 CFR 11.1 (2015).

5 Id. (c)(5).

6 We use the term “relicense” to refer to any new or subsequent license.

7 18 CFR 11.1(c)(5) (2015). We refer to the addition of capacity and a reduction 

of capacity (on occasion, capacity is reduced as a result of construction, in which case 

annual charges are lowered) as “new capacity.” 

8 Licensees and exemptees that are state or municipal entities are assessed annual 

charges when project operation commences. 18 CFR 11.1(d)(6) (2015). As noted above, 

the Commission does not assess annual charges with respect to projects with installed 

capacity of less than or equal to 1.5 MW. 18 CFR 11.1(b) (2015). Constructed, 

operating projects where no new capacity is being authorized are assessed annual charges 

beginning on the effective date of the license or exemption. See 18 CFR 11.1(c)(5) 

(2015). 
Docket No. RM15-18-000 - 3 -

3. Original licenses for unconstructed projects require a licensee to start construction 

no later than two years from the effective date of the license, as required by section 13 of 

the FPA.

9 Generally, exemptions and operating projects where additional capacity is 

authorized similarly require that project construction10 or construction of additional 

capacity11 commence within two years of the order authorizing such construction. 

4. In many instances, construction of authorized facilities does not begin by the set

deadline. For original licenses, section 13 of the FPA provides that the Commission may 

grant an extension of the deadline for good cause shown, but only once and for no more 

than two additional years. These limitations of FPA section 13 do not apply to relicenses, 

exemptions, and amendments. From 2010 through 2014, the Commission granted

extensions of the start-of-construction deadline (1) for original licenses and relicenses 

17 times, or an average of 3.4 times per year; (2) for exemptions 2 times, or on average 

 9 See 16 U.S.C. 806 (2012).

10 See 18 CFR 4.94(c) and 4.106(c) (2015) (including in exemptions standard 

Article 3 to allow the Commission to revoke an exemption if actual construction of the 

proposed generating facilities has not begun within two years).

11 See e.g., Northern States Power Co., 138 FERC ¶ 62,022, at ordering para. (E) 

(2012) (directing licensee to start construction of additional authorized capacity within 

two years).
Docket No. RM15-18-000 - 4 -

0.4 times per year; and (3) for license amendments authorizing new capacity 6 times, or 

an average of 1.2 extensions per year.12 

II. Notice of Proposed Rulemaking (NOPR)

5. In the NOPR, the Commission proposed to revise section 11.1(c)(5) of its 

regulations regarding when it will commence assessing annual charges with respect to

hydropower licenses, exemptions, and amendments authorizing unconstructed projects 

and new capacity. Specifically, the Commission proposed to commence assessing annual 

charges two years from the effective date of an order issuing a license, exemption, or an 

amendment authorizing additional capacity, rather than on the date project construction 

starts. 

6. In support of the proposed rule, the Commission anticipated that the change would

provide administrative efficiency and foster certainty among licensees, exemptees, and 

Commission staff as to when annual charges will commence. The NOPR explained that 

licensees and exemptees will no longer need to notify the Commission when project 

construction starts for the purpose of assessing annual charges and, in turn, the 

Commission will not have to contact the licensee or exemptee for that purpose. 

7. While licensees and exemptees who begin construction expeditiously will benefit, 

the NOPR also acknowledged that the proposed change would adversely affect those 

 12 No extensions of the start-of-construction deadline were issued for exemption 

amendments during this period, however, exemptees rarely file amendment applications 

requesting authorization to increase exemption capacity. 
Docket No. RM15-18-000 - 5 -

licensees and exemptees that do not start construction within two years. The NOPR 

proposed that annual charges would be assessed two years from the effective date of an 

order issuing a license, exemption, or an amendment authorizing additional capacity,

regardless of when actual construction commences. As noted above, on average,

5 (3.4 licenses + 0.4 exemptions + 1.2 license amendments) affected projects each year 

receive extensions of the start-of-construction deadline.13 

8. The NOPR also acknowledged that licensees and exemptees of projects whose 

license or exemption is terminated for failure to timely commence construction also may 

be adversely affected. If a licensee fails to start construction within two years of its 

license’s effective date or as extended by the Commission, the Commission must 

terminate the license pursuant to section 13 of the FPA.14 Similarly, as noted above, 

standard exemption Article 3 states that the Commission may revoke an exemption if the 

exemptee fails to start construction within the time prescribed by the Commission. From 

2010 through 2014, the Commission terminated one license, or an average of 0.2 licenses 

per year, and no exemptions. Therefore, in the NOPR, we estimated that annually 

0.2 licenses would be assessed annual charges beginning two years after a license’s 

effective date until the license is terminated for failure to construct.

 13 In rare circumstances, the Commission may stay the effective date of a license, 

in which case the assessment of annual charges would also be stayed. 

14 16 U.S.C. 806 (2012).
Docket No. RM15-18-000 - 6 -

9. In sum, the proposed rule estimated that, on average, 5.2 (5 extensions + 

0.2 terminations) licensees and/or exemptees per year would begin paying annual charges 

earlier than would be the case under the current regulations. 

10. In response to the NOPR, the Commission received comments from two entities. 

On July 20, 2015, FFP New Hydro, LLC filed comments on behalf of its subsidiary 

project companies and together with its manager Rye Development, LLC (collectively, 

FFP New Hydro). On July 21, 2015, the National Hydropower Association (NHA) filed 

comments. The NOPR’s proposal, the comments received, and the Commission’s 

determination are discussed below. 

III. Discussion

11. FFP New Hydro contends that the change contemplated by the NOPR would 

increase the cost of hydropower development and discourage investment in critical 

infrastructure, stating that developers often take two years following issuance of a 

license, exemption, or amendment to secure financing and often apply for extensions of 

time to commence construction.15 In this vein, FFP New Hydro claims that the proposed 

change would discourage new hydropower development and is therefore contrary to the 

inherent goals of the Hydropower Regulatory Efficiency Act of 2013.16 FFP New Hydro 

further asserts that developers, if faced with the prospect of being assessed annual 

 15 FFP New Hydro at 2. 

16 Pub. L. No. 113-23, 27 Stat. 493. Id. at 4-5. 
Docket No. RM15-18-000 - 7 -

charges before construction, will be forced to surrender their licenses more frequently.

17

For these reasons, FFP New Hydro advocates that the Commission continue to 

commence assessment of annual charges when project construction begins.18

12. NHA asserts that the proposed change would not further the administrative

efficiency goals set forth in the NOPR, but would instead increase the administrative 

burden on Commission staff, licensees, and exemptees.19 As an example of a new 

administrative burden that might result, NHA posits that the Commission would need to 

implement a procedure for issuing refunds for any payment of annual charges by a 

licensee or exemptee who ultimately fails to commence construction.20 NHA further 

claims that the assessment of annual charges before project construction would 

negatively impact the hydropower industry and quell future investment in hydropower 

development, especially pumped storage projects.21 Finally, NHA argues that the change

would run counter to recent initiatives intended to stimulate and streamline hydropower

development.

22

 17 FFP New Hydro at 5. 

18 Id. at 6. 

19 NHA at 2-4. 

20 Id. at 4. 

21 Id. at 4-7. 

22 Id. at 7-8 (referencing the Water Resources Reform and Development Act of 

2014, Pub. L. No. 113-121, 128 Stat. 1193, the Hydropower Regulatory Efficiency Act of 

(continued ...)
Docket No. RM15-18-000 - 8 -

13. NHA recommends that the Commission continue to commence assessment of 

annual charges on the date project construction begins. Alternatively, NHA proposes that 

the Commission assess annual charges when project operation commences. 

14. Both FFP New Hydro and NHA contend that the phase of project development 

that exists between issuance of a license, exemption, or amendment and the start of 

construction is a critical period. While the Commission recognizes the time constraints 

and financial obstacles faced by licensees and exemptees, the licensing and preconstruction phases also translate to a time-consuming and labor-intensive period for 

Commission staff.23 During this time, the Commission’s costs related to a particular 

project begin to accrue, but are passed along in the form of annual charges to the pool of 

non-municipal licensees and exemptees for operating projects that are already subject to 

assessment of annual charges. 

15. In effect, the Commission’s costs during the labor-intensive periods that surround 

issuance of a license, exemption, or amendment authorizing new capacity are shouldered 

 

2013, Pub. L. No. 113-23, 27 Stat. 493, and The President’s Climate Action Plan, 

Executive Office of the President (June 25, 2013), available at: 

https://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf.) 

23 The Commission’s considerable involvement during the licensing and preconstruction phases of development is underscored by FFP New Hydro’s statement that 

“they have filed hundreds of thousands of pages of documentation with the Commission, 

are in regular and constant communication with the Commission staff, and will continue 

to be so throughout the licensing, post-licensing, and construction stages.” FFP New 

Hydro at 5. 
Docket No. RM15-18-000 - 9 -

by the existing pool of licensees and exemptees.24 The change envisioned by the NOPR, 

as modified in this final rule, strives to strike a reasonable balance that creates certainty 

for licensees and exemptees as to when assessment of annual charges will commence, 

promotes administrative efficiency for Commission staff by establishing a more clear 

point at which to begin assessing annual charges, and lessens the burden on the existing 

pool of licensees and exemptees currently bearing the burden of paying annual charges 

for the administration of all pre-construction projects. Moreover, this change will 

generate cost-saving benefits over the current regulations for licensees and exemptees 

who act expeditiously by commencing construction prior to the date triggering 

assessment of annual charges.

16. In its comments, NHA speculated that the proposed change would actually add 

new administrative burdens by requiring the Commission to create and implement a 

procedure to issue refunds for any payment of annual charges by a licensee or exemptee 

who ultimately fails to commence construction. This speculation is misguided. Because 

the assessment of annual charges will be contingent on the expiration of a set period of 

 24 FFP New Hydro states that the assessment of annual charges historically has

commenced at the start of construction. To the contrary, prior to 1995, annual charges 

were assessed from the date of issuance of the license, exemption, or amendment 

authorizing new capacity. 18 CFR 11.1 (1994). See Charges and Fees for Hydroelectric 

Projects, Order No. 576, 60 Fed. Reg. 15,040 (March 22, 1995), FERC Stats. & Regs. 

¶ 31,016 (cross-referenced at 70 FERC ¶ 61,293) (1995) (amending section 11.1 of the 

regulations to defer annual charges until construction started).
Docket No. RM15-18-000 - 10 -

time rather than on whether the start of construction ultimately occurs, there is no need 

for the Commission to develop a program to handle refunds. 

17. While no refunds will be offered, if a licensee or exemptee successfully 

demonstrates an inability to pay at the time assessment of annual charges commences, 

the availability of payment plans25 may provide a measure of relief to certain licensees or 

exemptees assessed annual charges before construction, but who anticipate being able to 

settle their account once project financing is secured or generation begins. 26 

18. Both FFP New Hydro and NHA raised concerns that the effect of this final rule 

might discourage hydropower development. NHA indicated that pumped storage 

projects would be particularly affected by the changes contemplated in the NOPR. In 

light of these concerns, the Commission has decided to set the commencement of 

assessment of annual charges to track the start-of-construction deadline for any license or 

 25 A payment plan request would be directed to, and ultimately coordinated by, the 

Commission’s Office of the Executive Director, Revenue and Receivables Branch. The 

Commission’s Chief Financial Officer would determine whether or not to grant a 

payment plan request. 

26 We note that the inability of a licensee or exemptee to pay annual charges may 

call into question that licensee or exemptee’s ability to bring a hydropower project to 

fruition. For example, while the amount varies based on the type of project and its annual 

generation, the administrative annual charges amount for a 5-MW conventional project

(with an annual energy output of zero), or a 5-MW exemption, might be expected to be in 

the area of $8,000, an amount any financially-viable licensee should be able to pay.

Although pumped storage projects and large, conventional projects are often responsible 

for paying much more substantial annual charge amounts, it is also the case that, if these 

projects are to be successfully developed, these licensees will need to have access to 

greater amounts of capital than do licensees of small projects. 
Docket No. RM15-18-000 - 11 -

exemption authorizing an unconstructed project that receives an extension of the start-ofconstruction deadline.

27 In other words, any license or exemption for an unconstructed 

project that receives an extension of the start-of-construction deadline will be assessed 

annual charges beginning at the expiration of the start-of-construction deadline, as 

extended by the Commission (i.e., no longer than four years after the issuance date of the 

license or exemption authorizing an unconstructed project). A four-year period is 

consistent with the deadlines established by section 13 and, accordingly, will give 

developers a reasonable charge-free period in which to secure financing. 

19. Similarly, for any license, exemption, or amendment authorizing additional 

capacity that receives an extension of the start-of-construction deadline, the Commission 

will begin assessing annual charges upon the expiration of the deadline to start 

construction as extended by the Commission. In light of the reasons discussed above, 

and those identified in the NOPR, the Commission has modified the NOPR’s proposal to

revise section 11.1(c)(5) of its regulations and will begin assessing annual charges on the 

date by which a licensee or exemptee is required to commence construction of an 

unconstructed project or new capacity, rather than on the date project construction 

actually begins. We believe that these modifications to the Final Rule substantially 

 27 Even with an extension of the start-of-construction deadline, in no case would 

assessment of annual charges commence later than four years after the issuance of a 

license or exemption authorizing an unconstructed project.
Docket No. RM15-18-000 - 12 -

address the concerns raised in response to the NOPR, while also continuing to encourage 

hydropower development. 

20. NHA has requested that the Commission not apply the revised regulations to all 

current licensees, exemptees, and applicants.28 We grant the request in part. For any 

license, exemption, or amendment issued by the Commission prior to the effective date of 

this final rule, we agree that the assessment of annual charges should remain the start of 

construction. The revised regulations, however, will apply to any license, exemption, or 

amendment that is issued after the revised regulation’s effective date. Thus, any 

application for a license, exemption, or amendment that is pending before the 

Commission when this final rule becomes effective will not be shielded from its effects. 

Based on the phase and complexity of the application process, an application could be 

before the Commission for several years before a determination is issued. Thus, using 

two separate standards, contingent on the date an application was filed, could potentially 

persist for several years, could lead to confusion, and would place an undue 

administrative burden on staff. Therefore, the revision to section 11.1(c)(5) of the 

Commission’s regulations will apply to any applicable license, exemption, or amendment 

issued on or after the effective date of this final rule. 

 28 NHA at 9.
Docket No. RM15-18-000 - 13 -

IV. Regulatory Requirements

A. Information Collection Statement

21. The Paperwork Reduction Act29 requires each federal agency to seek and obtain 

Office of Management and Budget (OMB) approval before undertaking a collection of 

information directed to ten or more persons or contained in a rule of general applicability. 

OMB regulations require approval of certain information collection requirements 

contained in final rules published in the Federal Register.

30 The final rule discussed 

above does not impose or alter existing reporting or recordkeeping requirements on 

applicable entities as defined by the Paperwork Reduction Act.31 Therefore, the 

Commission will submit this final rule to OMB for informational purposes only.

B. Environmental Analysis

22. The Commission is required to prepare an Environmental Assessment or an 

Environmental Impact Statement for any action that may have a significant adverse effect 

 29 44 U.S.C. 3501-3521 (2012).

30 See 5 CFR 1320.12 (2015).

31 44 U.S.C. 3502(2)-(3) (2012).
Docket No. RM15-18-000 - 14 -

on the human environment.32 Commission actions concerning annual charges are 

categorically exempt from this requirement.33 

C. Regulatory Flexibility Act 

23. The Regulatory Flexibility Act of 1980 (RFA)34 generally requires a description 

and analysis of proposed and final rules that will have significant economic impact on a 

substantial number of small entities. The RFA mandates consideration of regulatory 

alternatives that accomplish the stated objectives of a proposed rule while minimizing

any significant economic impact on a substantial number of small entities.35 In the 

NOPR, we certified that the proposed regulation would not have a significant economic 

impact on a substantial number of small entities. 

24. As explained in the NOPR, the Small Business Administration’s (SBA) Office of 

Size Standards develops the numerical definition of a small business.36 The SBA revised 

its size standard for electric utilities (effective January 22, 2014) from a standard based 

on megawatt-hours to a standard based on the number of employees, including 

 32 Regulations Implementing the National Environmental Policy Act of 1969, 

Order No. 486, 52 FR 47,897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations 

Preambles 1986-1990 ¶ 30,783 (1987).

33 See 18 CFR 380.4(a)(11) (2015).

34 5 U.S.C. 601-612 (2012).

35 5 U.S.C. 603(c) (2012).

36 13 CFR 121.101 (2015).
Docket No. RM15-18-000 - 15 -

affiliates.37 Under SBA’s current size standards, a hydroelectric generator is small if, 

including its affiliates, it employs 500 or fewer people.38 The Commission, however,

currently does not require information regarding the number of individuals employed by 

hydroelectric generators to administer Part I of the FPA, and therefore, is unable to 

estimate the number of small entities using the new SBA definitions. Regardless, the 

Commission anticipates that this final rule will affect few small hydroelectric generators. 

25. As noted earlier, this rulemaking will only affect non-state or municipal licensed

projects with an installed capacity exceeding 1.5 MW that are unconstructed or have 

newly authorized capacity. From 2010 through 2014, the Commission issued on average 

3.6 original licenses and 0.4 exemptions per year authorizing unconstructed projects to 

affected licensees and exemptees, and 1.6 relicenses and 5 license amendments per year 

authorizing new capacity. In the NOPR, we estimated that, in sum, on average a total of 

10.6 licensees and exemptees may be affected by the proposed rule annually.

26. Of the 10.6 total entities, only those that do not start construction prior to the set 

deadline to commence construction (as may be extended) will be negatively affected by 

the acceleration of annual charges. Previously, the NOPR estimated that 5.2 licensees

and/or exemptees per year may be negatively affected by the changes contemplated in the 

NOPR for failing to start construction within two years. However, based on the 

 37 SBA Final Rule on “Small Business Size Standards: Utilities,” 78 FR 77,343 

(Dec. 23, 2013).

38 13 CFR 121.201, Sector 22, Utilities (2015).
Docket No. RM15-18-000 - 16 -

modifications reflected in the final rule,39 we estimate that zero licensees and/or 

exemptees will be negatively affected by failing to start construction by the set deadline, 

as may be extended by the Commission.40 Moreover, small entities that would otherwise 

start construction before the date by which they are required to commence construction of 

an unconstructed project or new capacity will benefit from the final rule as it delays the 

commencement of assessment of annual charges until the established deadline to start 

construction. 

27. Accordingly, pursuant to section 605(b) of the RFA, the Commission certifies that 

this final rule will not have a significant economic impact on a substantial number of 

small entities. 

D. Document Availability

28. In addition to publishing the full text of this document in the Federal Register, the 

Commission provides all interested persons an opportunity to view and print the contents 

of this document via the Internet through the Commission’s Home Page 

(http://www.ferc.gov) and in the Commission’s Public Reference Room during normal 

 39 See supra paragraphs 18-19. 

40 Conceivably, a licensee or exemptee that has received an extension of the startof-construction deadline might be responsible for paying annual charges that began to 

accrue four years after the issuance date of the license or exemption, but prior to 

termination of the license, or revocation of the exemption, for failure to commence 

construction. However, this would be rare. 
Docket No. RM15-18-000 - 17 -

business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street, NE, Room 2A, 

Washington, DC 20426.

29. From the Commission’s Home Page on the Internet, this information is available 

on eLibrary. The full text of this document is available on eLibrary in PDF and 

Microsoft Word format for viewing, printing, and downloading. To access this document 

in eLibrary, type the docket number excluding the last three digits of this document in the 

docket number field.

30. User assistance is available for eLibrary and the Commission’s website during 

normal business hours from the Commission’s Online Support at (202) 502-6652 (toll 

free at 1-866-208-3676) or email at ferconlinesupport@ferc.gov, or the Public Reference 

Room at (202) 502-8371, TTY (202) 502-8659. E-mail the Public Reference Room 

at public.referenceroom@ferc.gov. 

E. Effective Date and Congressional Notification

31. This regulation is effective [insert date 60 days from publication in Federal 

Register]. The Commission has determined, with concurrence of the Administrator of the 

Office of Information and Regulatory Affairs of OMB, that this rule is not a “major rule” 

as defined in section 251 of the Small Business Regulatory Enforcement Fairness Act of 

1996.41 This rule is being submitted to the Senate, House, and Government 

Accountability Office. 

 41 5 U.S.C. 804(2) (2012). 
Docket No. RM15-18-000 - 18 -

List of subjects in 18 CFR Part 11

Electric Power, Reporting, and recordkeeping requirements.

By the Commission.

( S E A L )

Kimberly D. Bose,

Secretary.
Docket No. RM15-18-000 - 19 -

In consideration of the foregoing, the Commission amends Part 11, Chapter I, 

Title 18, Code of Federal Regulations, as follows: 

PART 11 – ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER 

ACT 

1. The authority citation for Part 11 continues to read as follows: 

Authority: 16 U.S.C. 792-828c; 42 U.S.C. 7101-7352. 

2. Revise § 11.1(c)(5) to read as follows: 

§ 11.1 Costs of Administration.

* * * * *

(c) * * *

(5) For unconstructed projects, the assessments begin on the date by which the 

licensee or exemptee is required to commence project construction, or as that 

deadline may be extended, but in no case longer than four years after the issuance 

date of the license or exemption. For constructed projects, the assessments begin

on the effective date of the license or exemption, except for any new capacity 

authorized therein. The assessments for new authorized capacity at licensed or 

exempted projects begin on the date by which the licensee or exemptee is required 

to commence construction of the new capacity. In the event that assessments 

begin during a fiscal year, the charges will be prorated. 

* * * * *