18 C.F.R. § 806.44

Current through October 31, 2024
Section 806.44 - Determination of grandfathered quantities
(a) For each registration submitted, the Executive Director shall determine the grandfathered quantity for each withdrawal source and consumptive use.
(b) In making a determination, the following factors should be considered:
(1) The withdrawal and use data and the peak consecutive 30-day average shown by the data;
(2) The reliability and accuracy of the data and/or the meters or measuring devices;
(3) Determination of reasonable and genuine usage of the project, including any anomalies in the usage;
(4) Whether the grandfathered amount includes an operational margin of safety; and
(5) Other relevant factors.
(c) The Executive Director, in lieu of a determination under paragraph (b) of this section, may accept a previous grandfathering determination by the Commission at the request of the project sponsor.

18 C.F.R. §806.44

82 FR 29394 , 1/1/2018