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Title 18 Part 1304 → Subpart A → §1304.4

Title 18 → Chapter XIII → Part 1304 → Subpart A → §1304.4

Electronic Code of Federal Regulations e-CFR

Title 18 Part 1304 → Subpart A → §1304.4

e-CFR data is current as of December 12, 2018

Title 18Chapter XIIIPart 1304Subpart A → §1304.4


Title 18: Conservation of Power and Water Resources
PART 1304—APPROVAL OF CONSTRUCTION IN THE TENNESSEE RIVER SYSTEM AND REGULATION OF STRUCTURES AND OTHER ALTERATIONS
Subpart A—Procedures for Approval of Construction


§1304.4   Application review and approval process.

(a) TVA shall notify the U.S. Army Corps of Engineers (USACE) and other federal agencies with jurisdiction over the application as appropriate.

(b) If a hearing is held for any of the reasons described in paragraph (c) of this section, any interested person may become a party of record by following the directions contained in the hearing notice.

(c) Hearings concerning approval of applications are conducted (in accordance with §1304.5) when:

(1) TVA deems a hearing is necessary or appropriate in determining any issue presented by the application;

(2) A hearing is required under any applicable law or regulation;

(3) A hearing is requested by the USACE pursuant to the TVA/Corps joint processing Memorandum of Understanding; or

(4) The TVA Investigating Officer directs that a hearing be held.

(d) Upon completion of the review of the application, including any hearing or hearings, the Vice President or the designee thereof shall issue an initial decision approving or disapproving the application. The basis for the decision shall be set forth in the decision.

(e) Promptly following the issuance of the decision, the Vice President or the designee thereof shall furnish a written copy of the decision to the applicant and to any parties of record. The initial decision shall become final unless an appeal is made pursuant to §1304.6.

[79 FR 4621, Jan. 29, 2014]