EP 1165-2-1
30 Jul 99
of which should be borne by the applicant.
-- Full hydroelectric power potential of the site must be
considered in planning, design and construction of a power plant.
-- Design, construction and operation of all power facilities
that will be an integral part of the dam or that would affect the
structural integrity of the Federal dam, including construction
procedures and sequence, must be approved by the Corps.
-- In the interest of multiple-purpose water management, the
Corps requires a signed memorandum of understanding (MOU) between the
prospective licensee and the Corps specifying the operational
procedures and power rule curves consistent with overall project
management objectives. The MOU must be signed prior to start of power
operation.
-- Prospective licensee must reimburse the Federal Government
for the use of lands and facilities and for an appropriate part of the
costs of the existing Federal project by which the head created at the
Federal project makes the installation of power feasible. Assessment
of these costs, development of charges therefrom, and collection of
charges will be accomplished by FERC.
-- Reimbursement to the Federal Government will also be
required for any additional construction costs incurred by the Federal
Government as a result of installation of the power facilities. Such
costs will be determined and collected by the Corps.
-- Prospective licensee must furnish electric power free of
cost to the United States for operation and maintenance of the project
navigation facilities. The power will be furnished at voltage and
frequency required by such facilities, whether such facilities are
constructed by the licensee or by the United States.
-- The prospective licensee shall furnish, operate and
maintain adequate lights, signals and protective warning devices in
conjunction with the pondage operation to provide for safe navigation
and for the safety of persons using the public recreational facilities
at the Federal project.
(c) Applications to Corps division or district commanders for
approval of repairs, maintenance or modification of non-Federal
hydroelectric projects authorized under River and Harbor Acts as well
as special Acts of Congress prior to 1920, or requests for advice with
respect thereto, should be referred to FERC for consideration in
accordance with the provisions of the Federal Power Act. The
applicant should be advised that the matter is being referred to the
FERC for consideration and that, if a FERC license is required, Corps
recommendations will be furnished to the FERC.
(2) Responsibilities under Section 404 of the Clean Water Act
(CWA) of 1977 pertinent to discharge of dredged or fill material into
the navigable waters at specified disposal sites will be met only
through the Department of Army permit procedures. In regard to FERC
cases involving Section 404, the Corps report to the FERC will specify
the need for a Department of Army permit (Section 404) if, on the
basis of the division and district commanders' findings, such permit
is deemed necessary. A Department of the Army permit will be required
for any portion of a proposed project which involves the discharge of
dredged or fill material into the waters of the United States. This
includes the placement of fill necessary for construction of a
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