[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Rules and Regulations]
[Pages 63667-63671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26726]



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  Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / 
Rules and Regulations  

[[Page 63667]]



DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 11

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


Commencement of Assessment of Annual Charges

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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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.

DATES: Effective: December 21, 2015.

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, [email protected].
Norman Richardson (Technical Information), Office of the Executive 
Director, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426, (202) 502-6219, [email protected].

Order No. 815

Final Rule

                            Table of Contents
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                                                         Paragraph  No.
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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
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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 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\
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    \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 FR 29,562.
    \2\ 16 U.S.C. 803(e)(1) (2012).
    \3\ 42 U.S.C. 7178 (2012).
    \4\ 18 CFR 11.1 (2015).
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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 relicense \6\ 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\
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    \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).

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[[Page 63668]]

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 construction \10\ or 
construction of additional capacity \11\ commence within two years of 
the order authorizing such construction.
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    \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).
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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 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\
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    \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.
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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 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\
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    \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.
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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.
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    \14\ 16 U.S.C. 806 (2012).
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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 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\
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    \15\ FFP New Hydro at 2.
    \16\ Pub. L. 113-23, 27 Stat. 493. Id. at 4-5.
    \17\ FFP New Hydro at 5.
    \18\ Id. at 6.
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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

[[Page 63669]]

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\
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    \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. 113-121, 128 Stat. 1193, the 
Hydropower Regulatory Efficiency Act of 2013, Pub. L. 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.)
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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 pre-construction 
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.
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    \23\ The Commission's considerable involvement during the 
licensing and pre-construction 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.
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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 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.
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    \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 FR 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).
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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 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 plans \25\ 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\
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    \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.
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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 exemption 
authorizing an unconstructed project that receives an extension of the 
start-of-construction 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.
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    \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.
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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 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

[[Page 63670]]

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.
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    \28\ NHA at 9.
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IV. Regulatory Requirements

A. Information Collection Statement

21. The Paperwork Reduction Act \29\ 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.
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    \29\ 44 U.S.C. 3501-3521 (2012).
    \30\ See 5 CFR 1320.12 (2015).
    \31\ 44 U.S.C. 3502(2)-(3) (2012).
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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 on the human environment.\32\ Commission 
actions concerning annual charges are categorically exempt from this 
requirement.\33\
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    \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).
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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.
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    \34\ 5 U.S.C. 601-612 (2012).
    \35\ 5 U.S.C. 603(c) (2012).
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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 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.
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    \36\ 13 CFR 121.101 (2015).
    \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).
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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 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.
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    \39\ See supra paragraphs 18-19.
    \40\ Conceivably, a licensee or exemptee that has received an 
extension of the start-of-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.
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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 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 Web 
site during normal business hours from the Commission's Online Support 
at (202) 502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

[[Page 63671]]

E. Effective Date and Congressional Notification

31. This regulation is effective December 21, 2015. 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.
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    \41\ 5 U.S.C. 804(2) (2012).
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List of Subjects in 18 CFR Part 11

    Electric power, Reporting and recordkeeping requirements.

    By the Commission.

    Issued: October 15, 2015.
Kimberly D. Bose,
Secretary.
    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

0
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.


0
2. Revise Sec.  11.1(c)(5) to read as follows:


Sec.  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.
* * * * *
[FR Doc. 2015-26726 Filed 10-20-15; 8:45 am]
 BILLING CODE 6717-01-P